9084 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices 

1Consolidated and Further Continuing 

Appropriations Act, 2013, Public Law 113–6, Div. 

D., Title V., sec. 510 (March 26, 2013). 

2That in civil proceedings in the United States 

District Courts, where a party seeking access to SSI 

demonstrates that the party has substantial need of 

relevant SSI in the preparation of the party’s case 

and that the party is unable without undue 

hardship to obtain the substantial equivalent of the 

information by other means, the party or party’s 

counsel shall be designated as a covered person 

under 49 CFR part 1520.7 in order to have access 

to the SSI at issue in the case, provided that the 

overseeing judge enters an order that protects the 

SSI from unauthorized or unnecessary disclosure 

and specifies the terms and conditions of access, 

unless upon completion of a criminal history check 

and terrorist assessment like that done for aviation 

workers on the persons seeking access to SSI, or 

based on the sensitivity of the information, the 

Transportation Security Administration or DHS 

demonstrates that such access to the information for 

the proceeding presents a risk of harm to the nation: 

Provided, That notwithstanding any other provision 

of law, an order granting access to SSI under this 

section shall be immediately appealable to the 

United States Courts of Appeals, which shall have 

plenary review over both the evidentiary finding 

and the sufficiency of the order specifying the terms 

and conditions of access to the SSI in question: 

Provided further, That notwithstanding any other 

provision of law, the Secretary may assess a civil 

penalty of up to $50,000 for each violation of 49 

CFR part 1520 by persons provided access to SSI 

under this provision. 

3 In the 60-day notice, the estimated annual 

burden was listed as 275 hours. TSA is now 

adjusting the estimate to 104.53 annual hours 

through the use of actual data. 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2Commissioner David S. Johanson dissenting. 

‘‘covered individuals’’ with a ‘‘need to 

know’’. 

Pursuant to the requirements in 

Section 525(d) of the DHS 

Appropriations Act, 2007, Public Law 

109–295, 120 Stat 1355, 1382, Oct. 4, 

2006, as reenacted,1 TSA established a 

process allowing access to SSI in a civil 

proceeding in federal district court for 

party or party’s counsel that 

demonstrates a substantial need for 

relevant SSI in preparation of the party’s 

case.2 In such cases, TSA may grant 

court reporters and experts access to the 

SSI under similar terms and conditions. 

Under 49 CFR 1520.11 and 1520.15, 

TSA has also extended the use for 

security background checks to include 

other individuals, including a 

prospective bidder who is seeking to 

submit a proposal in response to a 

request for proposal issued by TSA; an 

individual involved in the performance 

of contractual agreements (e.g., 

bailments) or other transaction 

agreements, or an individual receiving 

access to SSI as a conditional disclosure 

under 49 CFR 1520.15(e). 

Under 49 CFR 1520.11(c), TSA may 

make an individual’s access to SSI 

contingent upon satisfactory completion 

of a security threat assessment (STA), 

including evaluation of a criminal 

history records check (CHRC); and/or a 

name-based check against federal law 

enforcement, terrorism, and 

immigration databases; and/or other 

procedures and requirements for 

safeguarding SSI that are satisfactory to 

TSA. See also 49 U.S.C. 114(f)(4). To 

conduct this security background check, 

TSA collects identifying information, an 

explanation supporting the individuals’ 

need for the information, and other 

information related to safeguarding SSI 

to conduct the STAs. For individuals 

who have received a comparable STA 

from TSA (such as being a member of 

the TSA PreCheck® Application 

Program), TSA may also use the known 

traveler number issued by TSA to 

inform an individual’s eligibility to 

access SSI, or otherwise honor the 

comparable STA. TSA uses the results 

of the STA to make a final 

determination on whether the 

individual may be granted access to SSI. 

TSA also uses the information as part of 

its determination as to whether 

provision of access to specific SSI 

would present a risk of harm to the 

nation. 

To address program needs, TSA is 

revising the information collection. In 

particular, TSA is revising TSA Form 

2211. The form entitled SSI Access 

Threat Assessment Questionnaire will 

now become two forms: TSA Form 

2817A for court proceedings and TSA 

Form 2817B for standard use. The data 

points now consist of identifying 

information, including, but not limited 

to, full name (including any aliases), 

date of birth, place of birth, gender, 

Social Security Number (optional), 

employer name (optional); country of 

citizenship, Known Traveler Number, 

level of clearance and date granted and 

information regarding the need for the 

information (litigant, bidder, etc.). 

In addition to the information 

required for conducting background 

checks, TSA requires contract bidders to 

provide a certification from each 

company/entity that its employees/ 

personnel who are provided access to 

SSI are properly trained; a NonDisclosure Agreement for each 

individual who is granted access to SSI; 

and an affirmation that each company/ 

entity will designate a Senior Official 

who can certify that all appropriate 

protections will be followed, only 

authorized individuals will have access 

to the sensitive information, and that 

those individuals adequately 

understand their responsibilities to 

protect the information. TSA may also 

require these features for other 

contractual agreements (e.g., bailments), 

participants other transaction 

agreements, or those who receive other 

conditional SSI disclosures on a caseby-case basis. 

In the case of a party seeking access 

to SSI in a civil proceeding in federal 

court, TSA will gather the information 

required for individual vetting, 

including fingerprinting to conduct a 

CHRC and also require these individuals 

to respond to questions to verify 

individuals’ history in safeguarding 

sensitive information, including good 

standing with bar membership or 

sanctions; and to agree to abide by TSA 

instructions concerning the handling of 

SSI in connection with the court 

proceeding. 

TSA is also revising the collection to 

allow individuals who have recently 

(i.e., within 2 years or as determined 

appropriate by the program office) 

successfully undergone a federal 

background investigation (i.e., Tier 1) or 

hold an active security clearance 

granting access to classified national 

security information to facilitate the 

STA. TSA will use this information as 

part of its determination as to whether 

provision of access to specific SSI 

would be detrimental to transportation 

security. 

Number of Respondents: 263. 

Estimated Annual Burden Hours: An 

estimated 104.53 hours annually.3

Dated: February 5, 2021. 

Christina A. Walsh, 

TSA Paperwork Reduction Act Officer, 

Information Technology. 

[FR Doc. 2021–02806 Filed 2–10–21; 8:45 am] 

BILLING CODE 9110–05–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–522 and 731– 

TA–1258 (Review)] 

Passenger Vehicle and Light Truck 

Tires From China; Determinations 

On the basis of the record 1 developed 

in the subject five-year reviews, the 

United States International Trade 

Commission (‘‘Commission’’) 

determines, pursuant to the Tariff Act of 

1930 (‘‘the Act’’), that revocation of the 

antidumping and countervailing duty 

orders on passenger vehicle and light 

truck tires from China would be likely 

to lead to continuation or recurrence of 

material injury to an industry in the 

United States within a reasonably 

foreseeable time.2

Background 

The Commission instituted these 

reviews on July 1, 2020 (85 FR 39581) 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices 9085 

and determined on October 5, 2020 that 

it would conduct expedited reviews (86 

FR 2456, January 12, 2021). 

The Commission made these 

determinations pursuant to section 

751(c) of the Act (19 U.S.C. 1675(c)). It 

completed and filed its determinations 

in these reviews on February 5, 2021. 

The views of the Commission are 

contained in USITC Publication 5158 

(February 2021), entitled Passenger 

Vehicle and Light Truck Tires from 

China: Investigation Nos. 701–TA–522 

and 731–TA–1258 (Review). 

By order of the Commission. 

Issued: February 5, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–02801 Filed 2–10–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1190] 

Certain Wearable Monitoring Devices, 

Systems, and Components Thereof; 

Notice of Request for Submissions on 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that on 

February 4, 2021, the presiding 

administrative law judge (‘‘ALJ’’) issued 

an Initial Determination on Violation of 

Section 337. The ALJ also issued a 

Recommended Determination on 

remedy and bonding should a violation 

be found in the above-captioned 

investigation. The Commission is 

soliciting submissions on public interest 

issues raised by the recommended relief 

should the Commission find a violation. 

This notice is soliciting comments from 

the public only. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone 

(202)708–2310. Copies of nonconfidential documents filed in 

connection with this investigation may 

be viewed on the Commission’s 

electronic docket (EDIS) at https://

edis.usitc.gov. For help accessing EDIS, 

please email EDIS3Help@usitc.gov. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at https://

www.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: Parties are 

to file public interest submissions 

pursuant to 19 CFR 210.50(a)(4). Section 

337 of the Tariff Act of 1930 provides 

that, if the Commission finds a 

violation, it shall exclude the articles 

concerned from the United States: 

unless, after considering the effect of such 

exclusion upon the public health and 

welfare, competitive conditions in the United 

States economy, the production of like or 

directly competitive articles in the United 

States, and United States consumers, it finds 

that such articles should not be excluded 

from entry. 

19 U.S.C. 1337(d)(1). A similar 

provision applies to cease and desist 

orders. 19 U.S.C. 1337(f)(1). 

The Commission is soliciting 

submissions on public interest issues 

raised by the recommended relief 

should the Commission find a violation, 

specifically: A limited exclusion order 

directed to certain wearable monitoring 

devices, systems, and components 

thereof imported, sold for importation, 

and/or sold after importation by 

respondents Fitbit, Inc. (‘‘Fitbit’’) of San 

Francisco, California; Garmin 

International, Inc. and Garmin USA, Inc. 

(‘‘the domestic Garmin Respondents’’), 

both of Olathe, Kansas; Garmin Ltd. d/ 

b/a Garmin Switzerland GmbH of 

Schaffhausen, Switzerland; Ingram 

Micro Inc. of Irvine, California; Maintek 

Computer (Suzhou) Co., Ltd. of Jiangsu 

Province, China; and Inventec 

Appliances (Pudong) of Shanghai, 

China; and cease and desist orders issue 

directed to the domestic Garmin 

Respondents and Fitbit. 

The Commission is interested in 

further development of the record on 

the public interest in this investigation. 

Accordingly, members of the public are 

invited to file submissions of no more 

than five (5) pages, inclusive of 

attachments, concerning the public 

interest in light of the ALJ’s 

Recommended Determination on 

Remedy and Bonding issued in this 

investigation on February 4, 2021. 

Comments should address whether 

issuance of the recommended remedial 

orders in this investigation, should the 

Commission find a violation, would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the recommended 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the recommended orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or thirdparty suppliers have the capacity to 

replace the volume of articles 

potentially subject to the recommended 

orders within a commercially 

reasonable time; and 

(v) explain how the recommended 

orders would impact consumers in the 

United States. 

Written submissions must be filed by 

the close of business on March 8, 2021. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 

(March 19, 2020). Submissions should 

refer to the investigation number (‘‘Inv. 

No. 337–TA–1190’’) in a prominent 

place on the cover page and/or the first 

page. (See Handbook for Electronic 

Filing Procedures, https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf.). Persons with 

questions regarding filing should 

contact the Secretary (202–205–2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel, solely for cybersecurity 

purposes. All contract personnel will 


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