[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Proposed Rules]
[Pages 21658-21661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08699]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 201
Rules of General Application
AGENCY: International Trade Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States International Trade Commission
(``Commission'') proposes to amend provisions of its Rules of Practice
and Procedure concerning national security information. The proposed
amendments seek to ensure that the Commission's procedures with respect
to national security information are consistent with applicable
authorities.
DATES: To be assured of consideration, written comments must be
received by 5:15 p.m. on June 16, 2014.
ADDRESSES: You may submit comments, identified by docket number MISC-
043, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Agency Web site: https://edis.usitc.gov. Follow the instructions
[[Page 21659]]
for submitting comments on the Web site.
Mail: For paper submission. U.S. International Trade Commission,
500 E Street SW., Room 112A, Washington, DC 20436.
Hand Delivery/Courier: U.S. International Trade Commission, 500 E
Street SW., Room 112A, Washington, DC 20436. Deliveries must be made
during the hours of 8:45 a.m. to 5:15 p.m.
Instructions: All submissions received must include the agency name
and docket number (MISC-043), along with a cover letter stating the
nature of the commenter's interest in the proposed rulemaking. All
comments received will be posted without change to https://edis.usitc.gov, including any personal information provided. For paper
copies, a signed original and 14 copies of each set of comments should
be submitted to Lisa R. Barton, Acting Secretary, U.S. International
Trade Commission, 500 E Street SW., Room 112A, Washington, DC 20436.
Docket: For access to the docket to read background documents or
comments received, go to https://edis.usitc.gov and/or the U.S.
International Trade Commission, 500 E Street SW., Room 112A,
Washington, DC 20436.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting Secretary,
telephone (202) 205-2000, or Clara Kuehn, Attorney-Advisor, Office of
the General Counsel, telephone (202) 205-3012, United States
International Trade Commission. Hearing-impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal at (202) 205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server at http://www.usitc.gov.
SUPPLEMENTARY INFORMATION: The preamble below is designed to assist
readers in understanding these proposed amendments to the Commission's
Rules. This preamble provides background information, a section-by-
section explanation of the proposed amendments, and a regulatory
analysis of the proposed amendments. The Commission encourages members
of the public to comment on the proposed amendments as well as on
whether the language of the proposed amendments is sufficiently clear
for users to understand.
Background
Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes
the Commission to adopt such reasonable procedures, rules, and
regulations as it deems necessary to carry out its functions and
duties. This rulemaking seeks to improve provisions of the Commission's
existing Rules of Practice and Procedure. The Commission proposes
amendments to its rules concerning national security information. The
Commission invites the public to comment on all of these proposed rules
amendments. In any comments, please consider addressing whether the
language of the proposed amendments is sufficiently clear for users to
understand. In addition please consider addressing how the proposed
rules amendments could be improved, and/or offering specific
constructive alternatives where appropriate.
Consistent with its ordinary practice, the Commission is issuing
these proposed amendments in accordance with provisions of section 553
of the Administrative Procedure Act (``APA'') (5 U.S.C. 553), although
such provisions are not mandatory with respect to this rulemaking. The
APA procedure entails the following steps: (1) Publication of a notice
of proposed rulemaking; (2) solicitation of public comments on the
proposed amendments; (3) Commission review of public comments on the
proposed amendments; and (4) publication of final amendments at least
thirty days prior to their effective date.
The Commission proposes to revise subpart F of part 201 to ensure
that its rules relating to national security information are consistent
with Executive Order 13526 of December 29, 2009, ``Classified National
Security Information'' (75 FR 707, Jan. 5, 2010), and its implementing
directive, 32 CFR part 2001. The current subpart F includes three
sections: 201.42 (``Purpose and scope''), 201.43 (``Program''), and
201.44 (``Procedures''). As more fully discussed below, the proposed
amendments would make non-substantive revisions to section 201.42;
eliminate existing section 201.43 and subsections 201.44(b) through
(f); and update existing subsection 201.44(a) and move it into section
201.43.
Pursuant to 5.2(b)(3) of the Executive Order, these proposed rules
were submitted to the Director of the Information Security Oversight
Office (``ISOO''), and, on XX, that office approved their issuance.
Section-by-Section Analysis
Section 201.42 would be revised to include updated citations to the
Executive Order.
Section 201.43 would be revised to replace the existing text with
an updated version of section 201.44(a). Sections 5.2(b)(3) and
5.4(d)(2) of the Executive Order require that an agency publish in the
Federal Register implementing regulations that affect the public. The
provisions of existing section 201.43 (``Program'') do not affect
members of the public.
Section 3.5(e) of the Executive Order requires an agency to
``develop procedures to process requests for the mandatory review of
classified information'' in conformance with ISOO's implementing
directive. Proposed revised section 201.43 would update and expand the
Commission's procedures to conform to the requirements of the Executive
Order and applicable ISOO regulations (32 CFR 2001.33).
Proposed subsection 201.43(a) updates the requirement that a
mandatory declassification review (``MDR'') request must describe the
material sought with sufficient specificity, and adds a process for
responding to non-specific requests. The proposed subsection adds the
mailing address for the Secretary to the Commission. Proposed
subsection 201.43(b) would expand the material in the current
regulation that distinguishes MDR requests from Freedom of Information
Act requests. Proposed revised subsections 201.43(c), (d), and (e)
establish procedures for referrals of requests, handling requests for
foreign government information, and appeals, respectively.
Section 201.44 would be removed because, aside from the text to be
moved into section 201.43, the provisions of section 201.44 do not
affect the public. The omitted subsections are: 201.44(b)
(``Safeguarding''), (c) (``Reproduction''), (d) (``Storage''), (e)
(``Employee education''), and (f) (``Agency terminology'').
Regulatory Analysis of Proposed Amendments to the Commission's Rules
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is
inapplicable to this rulemaking because it is not one for which a
notice of proposed rulemaking is required under 5 U.S.C. 553(b) or any
other statute. Although the Commission has chosen to publish a notice
of proposed rulemaking, these proposed regulations are ``agency rules
of procedure and practice,'' and thus are exempt from the notice
requirement imposed by 5 U.S.C. 553(b). Moreover, the Commission
certifies that the proposed rules amendments will not have a
significant economic impact on a substantial number of small entities.
The proposed rules amendments do not contain any information
collection requirements subject to the provisions
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of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
No actions are necessary under title II of the Unfunded Mandates
Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538) because the
proposed rules amendments will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and will not
significantly or uniquely affect small governments.
The Commission has determined that the proposed rules amendments do
not constitute a ``significant regulatory action'' under section 3(f)
of Executive Order 12866 (58 FR 51735, October 4, 1993).
The proposed rules amendments do not have federalism implications
warranting the preparation of a federalism summary impact statement
under Executive Order 13132 (64 FR 43255, August 4, 1999).
The proposed rules amendments are not ``major rules'' as defined by
section 251 of the Small Business Regulatory Enforcement Fairness Act
of 1996 (5 U.S.C. 801 et seq.). Moreover, they are exempt from the
reporting requirements of the Act because they concern rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties.
List of Subjects in 19 CFR Part 201
Administrative practice and procedure.
For the reasons stated in the preamble, the United States
International Trade Commission proposes to amend 19 CFR part 201 as
follows:
PART 201--RULES OF GENERAL APPLICATION
0
1. Revise the authority citation for subpart F of part 201 to read as
follows:
Authority: 19 U.S.C. 1335; E.O. 13256, 75 FR 707.
0
2. Revise subpart F to read as follows:
Subpart F--National Security Information
Sec. 201.42 Purpose and scope.
The following regulation supplements Executive Order 13526 of
December 29, 2009, 75 FR 707, and its implementing directive (32 CFR
part 2001) as it applies to the Commission.
Sec. 201.43 Mandatory declassification review.
(a) Requests for mandatory declassification review. (1)
Definitions. Mandatory declassification review (``MDR'') means the
review for declassification of classified information in response to a
request for declassification that meets the requirements under section
3.5 of Executive Order 13526.
(2) Procedures. Requests for MDR of information in the custody of
the Commission that is classified under Executive Order 13526 or
predecessor orders shall be directed to the Secretary to the
Commission, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. MDR requests will be processed in accordance with
Executive Order 13526, its implementing directive, and this section. An
MDR request must describe the document or material containing the
requested information with sufficient specificity to enable Commission
personnel to locate it with a reasonable amount of effort. Requests for
broad types of information, entire file series of records, or similar
non-specific requests may be denied processing. The Secretary shall
notify a requester who has submitted a non-specific request that no
further action will be taken on the request unless the requester
provides additional description.
(b) Freedom of Information Act and Privacy Act requests. (1)
Requests for records submitted under the Freedom of Information Act
(``FOIA'') (5 U.S.C. 552), as amended, or the Privacy Act of 1974 (5
U.S.C. 552a), as amended, which include classified information shall be
processed in accordance with the provisions of those acts and
applicable Commission regulations (subpart C of this part (FOIA
regulations); subpart D of this part (Privacy Act regulations)).
(2) If a requester submits a request under FOIA and also requests
MDR, the Secretary shall require the requester to select one process or
the other. If the requester fails to select one or the other process,
the Secretary will treat the request as a FOIA request unless the
requested materials are subject only to MDR.
(c) Referral of MDR requests. (1) Because the Commission does not
have original classification authority and all U.S. originated
classified information in its custody has been originally classified by
another Federal agency, the Secretary shall refer all requests for MDR
and the pertinent records to the originating agency for review.
Following consultations with the originating agency, the Secretary
shall notify the requester of the referral unless such association is
itself classified under Executive Order 13526 or its predecessor
orders. The Secretary shall request that the originating agency, in
accordance with 32 CFR 2001.33(a)(2)(ii) and 2001.34(e):
(i) Promptly process the request for declassification,
(ii) communicate its declassification determination to the
Secretary, and
(iii) if the originating agency proposes to withhold any
information from public release, notify the Secretary of the specific
information at issue and the applicable law that authorizes and
warrants withholding such information.
(2) Unless a prior arrangement has been made with the originating
agency, the Secretary shall collect the results of that agency's review
and inform the requester of any final decision regarding the
declassification of the requested information as follows:
(i) If the originating agency denies declassification of the
requested information in whole or in part, the Secretary shall ensure
that the decision provided to the requester includes notification of
the right to file an administrative appeal with the originating agency
within 60 days of receipt of the denial and the mailing address for the
appellate authority at the originating agency.
(ii) If the originating agency declassifies the requested
information in whole or in part, the Secretary shall determine whether
the requested declassified information is exempt from disclosure, in
whole or in part, under the provisions of a statutory authority, such
as the FOIA. The Secretary shall inform the requester that an appeal
from a denial of requested declassified information must be received
within 60 days of the date of the letter of denial and shall be made to
the Commission and addressed to the Chairman, United States
International Trade Commission, 500 E Street SW., Washington, DC 20436.
(d) Foreign Government Information. (1) Definitions. ``Foreign
government information'' (``FGI'') means information provided to the
United States Government by a foreign government or governments, an
international organization of governments, or any element thereof, with
the expectation that the information, the source of the information, or
both, are to be held in confidence; information produced by the United
States Government pursuant to or as a result of a joint arrangement
with a foreign government or governments, or an international
organization of governments, or any element thereof, requiring that the
information, the arrangement, or both, are to be held in confidence; or
information received and treated as FGI
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under the terms of a predecessor of Executive Order 13526.
(2) MDR requests for classified records in Commission custody that
contain FGI. The Commission will handle such MDR requests consistent
with the requirements of Executive Order 13526 and 32 CFR part 2001.
MDR requests for FGI initially received or classified by another
Federal agency shall be referred to such agency following the referral
procedures in paragraph (c) of this section.
(e) Appeals of denials of MDR requests. MDR appeals are for the
denial of classified information only. Appeals of denials are handled
in accordance with 32 CFR 2001.33(a)(2)(iii), which provides that the
agency appellate authority deciding an administrative appeal of the
denial of an MDR request shall notify the requester in writing of the
reasons for any denial and inform the requester of his or her final
appeal rights to the Interagency Security Classification Appeals Panel.
By order of the Commission.
Issued: April 11, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-08699 Filed 4-16-14; 8:45 am]
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