[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Proposed Rules]
[Pages 6665-6669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02388]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
19 CFR Parts 201, 206, 208, and 213, and Chapter II
Rules of General Application; Investigations Relating to Global
and Bilateral Safeguard Actions, Market Disruption, Trade Diversion,
and Review of Relief Actions; Investigations With Respect to Commercial
Availability of Textile Fabric and Yarn in Sub-Saharan African
Countries; Trade Remedy Assistance
AGENCY: International Trade Commission.
ACTION: Notice of proposed rulemaking; retrospective analysis of rules.
-----------------------------------------------------------------------
SUMMARY: The United States International Trade Commission
(``Commission'') proposes to amend provisions of its Rules of Practice
and Procedure concerning the Freedom of Information Act, the Privacy
Act, the Government in the Sunshine Act, certain investigations, and
trade remedy assistance. The proposed amendments are part of the
agency's retrospective analysis of its Rules that attempts to determine
whether rules should be modified, streamlined, expanded, or repealed so
as to make the agency's regulatory program more effective or less
burdensome in achieving regulatory objectives. The Commission requests
public comment both on the proposed amendments and on its rules in
general.
[[Page 6666]]
DATES: To be assured of consideration, written comments must be
received by 5:15 p.m. on April 7, 2015.
ADDRESSES: You may submit comments, identified by docket number MISC-
038, 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
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. 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-038), 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 8 copies of each set of comments should
be submitted to Lisa R. Barton, 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.
A person seeking to submit a comment that includes confidential
business information should follow the procedures set out in 19 CFR
201.6.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone
(202) 205-2000, or Paul R. Bardos, Office of the General Counsel,
telephone (202) 205-3061, 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 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 offer 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.
This notice of proposed rulemaking is a result of the Commission's
Plan for Retrospective Analysis of Existing Rules, which was published
on February 14, 2012, at 77 FR 8114. The plan was issued in response to
Executive Order 13579 of July 11, 2011, and established a process under
which the Commission will periodically review its significant rules to
determine whether any such rules should be modified, streamlined,
expanded, or repealed so as to make the agency's regulatory program
more effective or less burdensome in achieving regulatory objectives.
On August 9, 2012, at 77 FR 47572, the Commission published a notice
seeking public comment on its existing Rules as part of the
retrospective review. Several comments were received, and are being
taken into account as the Commission continues to review its Rules.
The Commission has in the past two years issued a number of notices
of rulemaking designed to improve the Commission's existing Rules. With
respect to proceedings conducted under section 337 of the Tariff Act of
1930 (19 U.S.C. 1337), the Commission most recently published a notice
of final rulemaking on May 21, 2013 (78 FR 29618). Concerning
proceedings conducted under title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq.), the agency published a notice of final rulemaking
on June 25, 2014 (79 FR 35920). In addition, the Commission updated its
Rules concerning national security information by notice published on
August 8, 2014 (79 FR 46350).
The Commission's Plan calls for the agency to seek public input on
its Rules every two years. As a result, the Commission is seeking input
by this notice to assist it in determining whether, in addition to the
proposed amendments set out below, any of the agency's Rules should be
modified, streamlined, expanded, or repealed so as to make the agency's
regulatory program more effective or less burdensome in achieving
regulatory objectives. The public is invited to comment both on the
proposed amendments and any other of the Commission's Rules.
As discussed more fully below, the Commission proposes to revise
provisions of its Rules concerning the Freedom of Information Act, the
Privacy Act, the Government in the Sunshine Act, certain
investigations, and trade remedy assistance.
Section-by-Section Analysis
The Commission proposes to amend the authority citation for part
201 to conform to the recommendation of the Office of the Federal
Register with respect to statutory citation.
Section 201.17(a)(5) directs members of the public to make
inquiries of the Publications Office in the Office of the Secretary
when writing or calling for copies of documents. The Commission
proposes to revise this provision to reflect the fact that there is no
longer a Publications Office in the Secretary's Office and that many
documents are available online.
Section 201.19(f) currently states that, in general, the Commission
has ten (10) working days in which to respond to a Freedom of
Information Act request. The Commission proposes to revise this
paragraph to remove it in conformity with the applicable statutory
provision (5 U.S.C. 552(a)(6)(A)(i)), which gives agencies twenty (20)
working days to respond to requests. In addition, the
[[Page 6667]]
paragraph would be revised to increase flexibility by replacing a
specific deadline for filing objections to disclosure of information
with a provision for the Secretary to set the deadline.
Section 201.20(j)(8) defines the term ``representative of the news
media.'' The Commission proposes to replace the existing definition
with the statutory one set out at 5 U.S.C. 552(a)(4)(A)(ii).
Section 201.23(e) states that the Privacy Act Officer for the
Commission is the Director of the Office of Administration. The
Commission proposes to amend this provision to reflect the fact that
this responsibility has been transferred to the Secretary to the
Commission.
Section 201.34(a)(3) states that conference telephone calls among
Commissioners generally are considered meetings under the Government in
the Sunshine Act. The Commission proposes to more closely accord this
statement with the statute by clarifying that this is only the case
where the deliberations of the Commissioners ``determine or result in
the joint conduct or disposition of official [Commission] business.''
See 5 U.S.C. 552b(a)(2).
Section 206.2 sets out how a petition or request for a safeguard
investigation should be identified. The Commission proposes to amend
the provision to add procedures for filing such documents.
The Commission proposes to remove part 208 of its Rules, which
governs investigations with respect to commercial availability of
textile fabric and yarn in sub-Saharan African countries. Such
investigations were provided for under section 112(c) of the African
Growth and Opportunity Act (19 U.S.C. 3721(c)), which was repealed by
Section 3(a)(2) of the Andean Trade Preference Act, Public Law 110-436.
Part 213 implements 19 U.S.C. 1339 by establishing a Trade Remedy
Assistance Office (TRAO) and assigning duties to that office. The
Commission proposes to move part 213 to a new subchapter D. This move
would clarify that part 213 applies to proceedings under several trade
statutes. Currently part 213 is located in subchapter C, which is
intended to cover only unfair practices in import trade.
The Commission proposes to amend the authority citation for part
213 to conform to the recommendation of the Office of the Federal
Register with respect to statutory citation.
The Commission proposes to amend section 213.2 to update and
simplify the definition of the term ``SBA size standards.'' A reference
to frivolous petitions and complaints would be removed as unnecessary
because, although TRAO has the statutory authority to determine that a
petition or application is frivolous, the office has not received such
documents. In addition, the Commission proposes to clarify that
technical assistance is provided under 19 U.S.C. 1339(b), so that
persons seeking information and assistance under 19 U.S.C. 1339(a) need
not file the formal application required by section 213.3; a conforming
change would be made to section 213.3. Also, a typographical error
would be corrected.
The Commission proposes to amend sections 213.3 and 213.6 to inform
the public that the agency provides information relating to trade
remedy assistance on its Web site.
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 final 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 proposed rules
are certified as not having a significant economic impact on a
substantial number of small entities.
The proposed rules do not impose an information collection burden
under the provisions of the Paperwork Reduction Act (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 these
amended rules 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 these amended rules do not
constitute a ``significant regulatory action'' under section 3(f) of
Executive Order 12866 (58 FR 51735, October 4, 1993).
The proposed rules 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 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 Parts 201, 206, 208, and 213
Administrative practice and procedure; imports; foreign trade.
For the reasons stated in the preamble, under the authority of 19
U.S.C. 1335, the United States International Trade Commission proposes
to amend 19 CFR parts 201, 206, 208, and 213 as follows:
PART 201--RULES OF GENERAL APPLICATION
0
1. Revise the authority citation for part 201 to read as follows:
Authority: 19 U.S.C. 1335; 19 U.S.C. 2482, unless otherwise
noted.
0
2. Revise paragraph (a)(5) of Sec. 201.17 to read as follows:
Sec. 201.17 Procedures for requesting access to records.
(a) * * *
(5) Copies of public Commission reports and other publications are
available online at http://www.usitc.gov, or can be requested by
calling or writing the Office of the Secretary. Certain Commission
publications are sold by the Superintendent of Documents, U.S.
Government Printing Office, and are available from that agency at the
price set by that agency.
* * * * *
0
3. Revise paragraph (f) of Sec. 201.19 to read as follows:
Sec. 201.19 Notification regarding requests for confidential business
information.
* * * * *
(f) Opportunity to object to disclosure. Through the notice
described in paragraph (c) of this section, the Commission will afford
a submitter an opportunity, within the period afforded to the
Commission to make its decision in response to the FOIA request, to
provide the Commission with a detailed written statement of any
objection to disclosure. Such statement shall be filed by a deadline
set by the Secretary, and it shall specify all grounds for withholding
any of the information under any exemption of FOIA. In the case of FOIA
Exemptions 3 or 4, it shall demonstrate why the information should
continue to be considered confidential business information within the
meaning of Sec. 201.6 of this part and should not be disclosed. The
submitter's claim of continued confidentiality should be supported by a
certification by an officer or authorized representative of the
[[Page 6668]]
submitter. Information provided by a submitter pursuant to this
paragraph may itself be subject to disclosure under FOIA.
* * * * *
0
4. Revise paragraph (j)(8) of Sec. 201.20 to read as follows:
Sec. 201.20 Fees.
* * * * *
(j) * * *
(8) The term representative of the news media refers to any person
or entity that gathers information of potential interest to a segment
of the public, uses its editorial skills to turn the raw materials into
a distinct work, and distributes that work to an audience. The term
`news' means information that is about current events or that would be
of current interest to the public. Examples of news-media entities are
television or radio stations broadcasting to the public at large and
publishers of periodicals (but only if such entities qualify as
disseminators of `news') who make their products available for purchase
by or subscription by or free distribution to the general public. These
examples are not all-inclusive. Moreover, as methods of news delivery
evolve (for example, the adoption of the electronic dissemination of
newspapers through telecommunications services), such alternative media
shall be considered to be news-media entities. A freelance journalist
shall be regarded as working for a news-media entity if the journalist
can demonstrate a solid basis for expecting publication through that
entity, whether or not the journalist is actually employed by the
entity. A publication contract would present a solid basis for such an
expectation; the Government may also consider the past publication
record of the requester in making such a determination.
* * * * *
0
5. Revise paragraph (e) of Sec. 201.23 to read as follows:
Sec. 201.23 Definitions.
* * * * *
(e) The term Privacy Act Officer refers to the Secretary, United
States International Trade Commission, 500 E Street SW., Washington, DC
20436, or his or her designee.
0
6. Revise paragraph (a)(3) of Sec. 201.34 to read as follows:
Sec. 201.34 Definitions.
* * * * *
(a) * * *
(3) Conference telephone calls among the Commissioners are
considered meetings as defined by paragraph (a)(1) of this section if
they involve the number of Commissioners requisite for Commission
action, and where the deliberations of the Commissioners determine or
result in the joint conduct or disposition of official Commission
business.
* * * * *
PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD
ACTIONS, MARKET DISRUPTION, TRADE DIVERSION, AND REVIEW OF RELIEF
ACTIONS
0
7. The authority citation for part 206 continues to read as follows:
Authority: 19 U.S.C. 1335, 2112 note, 2251-2254, 2436, 2451-
2451a, 3351-3382, 3805 note, 4051-4065, and 4101.
0
8. Revise Sec. 206.2 to read as follows:
Sec. 206.2 Identification of type of petition or request.
An investigation under this part may be commenced on the basis of a
petition, request, resolution, or motion as provided for in the
statutory provisions listed in Sec. Sec. 206.1 and 206.31. Each
petition or request, as the case maybe, filed by an entity
representative of a domestic industry under this part shall state
clearly on the first page thereof ``This is a [petition or request]
under section [citing the statutory provision] and Subpart [B, C, D, E,
F, or G] of part 206 of the rules of practice and procedure of the
United States International Trade Commission.'' A paper original and
eight (8) true paper copies of a petition, request, resolution, or
motion shall be filed. One copy of any exhibits, appendices, and
attachments to the document shall be filed in electronic form on CD-
ROM, DVD, or other portable electronic format approved by the
Secretary.
PART 208--[REMOVED AND RESERVED]
0
9. Remove and reserve part 208.
Subchapter D--Special Provisions
0
10. Under the authority of 19 U.S.C. 1335, add subchapter D with the
heading set forth above, and transfer part 213, consisting of
Sec. Sec. 213.1 through 213.6, into new subchapter D.
PART 213--TRADE REMEDY ASSISTANCE
0
11. Revise the authority citation for part 213 to read as follows:
Authority: 19 U.S.C. 1335, 1339.
0
12. Revise paragraphs (d), (e), (f), and (g) of Sec. 213.2 to read as
follows:
Sec. 213.2 Definitions.
* * * * *
(d) Technical Assistance. Technical assistance is informal advice
and assistance, including informal legal advice, provided under 19
U.S.C. 1339(b) and intended to enable eligible small businesses to
determine the appropriateness of pursuing particular trade remedies, to
prepare petitions and complaints and to seek to obtain the remedies and
benefits available under the trade laws identified in Sec. 213.2(b).
Technical assistance is available to eligible small businesses at any
time until the completion of administrative review or of an appeal to
the administering agency regarding proceedings under the trade laws
listed in Sec. 213.2(b). Technical assistance does not include legal
representation of an eligible small business or advocacy on its behalf
and receipt of technical assistance does not ensure that the recipient
will prevail in any trade remedy proceeding. The Office provides such
technical assistance independently of other Commission staff but may
consult with other staff as appropriate.
(e) Applicant. An applicant is an individual, partnership,
corporation, joint venture, trade or other association, cooperative,
group of workers, or certified or recognized union, or other entity
that applies for technical assistance under this part.
(f) Eligible small business. An eligible small business is an
applicant that the Office has determined to be entitled to technical
assistance under 19 U.S.C. 1339(b) in accordance with the SBA size
standards and the procedures set forth in this part.
(g) SBA size standards. The Office has adopted for its use SBA size
standards, which are the small business size standards of the Small
Business Administration set forth in 13 CFR part 121.
0
13. Revise paragraph (a) of Sec. 213.3 to read as follows:
Sec. 213.3 Determination of small business eligibility.
(a) Application for technical assistance from small businesses. An
applicant for technical assistance under 19 U.S.C. 1339(b) must certify
that it qualifies as a small business under the appropriate size
standard(s) and that it is an independently owned and operated company.
An application for technical assistance is available from the Office
and on the Commission's Web site. The application must be signed under
oath by an officer or principal of the applicant. The completed
application should be submitted to the Office at the address set forth
in Sec. 213.2(a).
* * * * *
[[Page 6669]]
0
14. Revise Sec. 213.6 to read as follows:
Sec. 213.6 Information concerning assistance.
Any person may contact the Office with questions regarding
eligibility for technical assistance. Summaries of the trade laws and
the SBA size standards can be obtained by writing to the Trade Remedy
Assistance Office, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436. Information is also provided on the
Commission's Web site at http://www.usitc.gov.
By order of the Commission.
Issued: February 2, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-02388 Filed 2-5-15; 8:45 am]
BILLING CODE 7020-02-P