8624 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Service Bulletin Reference 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of the service bulletins identified 

in paragraphs (f)(1) and (f)(2) of this AD. 

Where these service bulletins specify 

returning affected parts to Hamilton 

Sundstrand, this AD does not require that 

action. 

(1) For Model ERJ 170–100 LR, –100 STD, 

–100 SE, –100 SU, –200 LR, –200 STD, and 

–200 SU airplanes: EMBRAER Service 

Bulletin 170–24–0026, dated December 22, 

2005. 

(2) For Model ERJ 190–100 STD, –100 LR, 

and –100 IGW airplanes: EMBRAER Service 

Bulletin 190–24–0003, dated December 22, 

2005. 

Note 1: The EMBRAER service bulletins 

refer to Hamilton Sundstrand Service 

Bulletin ERPS37A–24–1, dated December 6, 

2005, as an additional source of service 

information for inspecting for galling of the 

piston rod of the RAT deployment actuator 

and re-identifying the actuator. The Hamilton 

Sundstrand service bulletin is included as 

Appendix 1 of the EMBRAER service 

bulletins. 

Inspection To Determine Part Number (P/N) 

and Serial Number (S/N) 

(g) Within 600 flight hours or 3 months 

after the effective date of this AD, whichever 

occurs first: Inspect to determine the part 

number and serial number of the RAT 

deployment actuator, in accordance with the 

applicable service bulletin. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the part number and 

serial number of the RAT deployment 

actuator can be conclusively determined 

from that review. 

(1) If the part number of the actuator is not 

P/N 1703785: No further action is required by 

this AD, except as provided by paragraph (i) 

of this AD. 

(2) If the part number of the actuator is 

P/N 1703785 and the serial number is S/N 

0004, 0005, or 0101 through 0190 inclusive, 

or the part number or serial number cannot 

be conclusively determined: Within 600 

flight hours or 3 months after the effective 

date of this AD, whichever occurs first, 

deploy the RAT, and do the actions specified 

in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, 

as applicable, in accordance with the 

applicable service bulletin. 

(i) If the RAT does not fully deploy or if 

it deploys with hesitation: Before further 

flight, replace the RAT deployment actuator 

with a modified and reidentified or new, 

improved actuator, having P/N 1703785A. 

(ii) If the RAT fully deploys without 

hesitation: Before further flight, perform a 

general visual inspection for galling of the 

piston rod of the RAT deployment actuator. 

If no evidence of galling is detected, repeat 

the inspection for galling at intervals not to 

exceed 1,200 flight hours or 5 months, 

whichever occurs first, and before further 

flight after each deployment of the RAT. If 

any evidence of galling is found, before 

further flight, replace the RAT deployment 

actuator with a modified and reidentified or 

new, improved RAT deployment actuator 

having P/N 1703785A. Replacing the RAT 

deployment actuator terminates the repetitive 

inspections required by this paragraph for 

that RAT deployment actuator only. 

Note 2: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

(3) If the part number of the RAT 

deployment actuator is P/N 1703785, and the 

serial number is S/N 0191 through 0242 

inclusive: Within 3,000 flight hours or 12 

months after the effective date of this AD, 

whichever occurs first, reidentify the RAT 

deployment actuator with new P/N 

1703785A in accordance with the applicable 

service bulletin. 

Terminating Action for Repetitive 

Inspections 

(h) Within 3,000 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first: Replace all RAT deployment 

actuators having P/N 1703785 and having 

S/N 0004, 0005, or 0101 through 0190 

inclusive, with modified and reidentified or 

new, improved actuators having P/N 

1703785A, in accordance with the applicable 

service bulletin. Replacing all of the RAT 

deployment actuators terminates the 

repetitive inspections required by paragraph 

(g)(2)(ii) of this AD. 

Parts Installation 

(i) As of the effective date of this AD, no 

person may install a RAT deployment 

actuator having P/N 1703785 on any 

airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(k) Brazilian airworthiness directives 

2006–05–06, effective June 14, 2006, and 

2006–05–09, effective June 19, 2006, also 

address the subject of this AD. 

Material Incorporated by Reference 

(l) You must use EMBRAER Service 

Bulletin 170–24–0026, dated December 22, 

2005; or EMBRAER Service Bulletin 190–24–

0003, dated December 22, 2005; as 

applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of these documents in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Empresa Brasileira de Aeronautica 

S.A. (EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil, for a copy 

of this service information. You may review 

copies at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on February 

12, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–2976 Filed 2–26–07; 8:45 am] 

BILLING CODE 4910–13–P 

INTERNATIONAL TRADE 

COMMISSION 

19 CFR Part 208 

Investigations Relating to Commercial 

Availability Under the African Growth 

and Opportunity Act 

AGENCY: United States International 

Trade Commission. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Commission is amending 

its rules of practice and procedure to 

add a new part 208 in order to 

implement section 112(c) of the African 

Growth and Opportunity Act (AGOA), 

as amended (19 U.S.C. 3721(c)). The 

provisions addressing the Commission’s 

role are contained in amendments to 

AGOA which the President signed into 

law on December 20, 2006. The interim 

rules provide for Commission 

investigations, determinations, and 

reports under section 112(c) of AGOA, 

and also specify the information that 

must be included in a properly filed 

petition. Interim rules are necessary 

because the new provisions became 

effective on the day of enactment; in the 

absence of interim rules, the 

Commission will have no procedures in 

place with respect to these proceedings. 

DATES: This interim rule is effective 

February 27, 2007. Comments 

concerning these interim rules should 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 8625 

be submitted not later than April 30, 

2007. 

ADDRESSES: You may submit comments, 

identified by docket number MISC–023 

by any of the following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

www.usitc.gov. Follow the instructions 

for submitting comments. See http:// 

www.usitc.gov/.secretary/edis.htm. 

• Mail: For paper submission. U.S. 

International Trade Commission, 500 E 

Street, SW., Room 112, Washington, DC 

20436. 

• Hand Delivery/Courier: U.S. 

International Trade Commission, 500 E 

Street, SW., Room 112, Washington, DC 

20436. From the hours of 8:45 a.m. to 

5:15 p.m. 

For detailed instructions on 

submitting comments, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

William Gearhart, Esq., Senior Counsel, 

Office of the General Counsel, 202–205–

3091 (e-mail: 

william.gearhart@usitc.gov); or Marilyn 

R. Abbott, Secretary to the Commission, 

202–205–2000 (e-mail: 

marilyn.r.abbott@usitc.gov). General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

Hearing-impaired persons are advised 

that information on this interim 

rulemaking can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Instructions: All submissions received 

must include the agency name and 

docket number (MISC–023) for this 

rulemaking. All comments received will 

be posted without change to http:// 

www.usitc.gov, including any personal 

information provided. For paper copies, 

a signed original and 14 copies of each 

set of comments, along with a cover 

letter stating the nature of the 

commenter’s interest in the proposed 

rulemaking, should be submitted to 

Marilyn R. Abbott, Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Room 112, Washington, DC 

20436. Comments, along with a cover 

letter, may be submitted electronically 

to the extent provided by § 201.8 of the 

Commission’s rules. This rule may refer 

commenters to the Handbook for 

Electronic Filing Procedures (see http:// 

www.usitc.gov/secretary/edis.htm). For 

those submitting comments by mail, it 

is advisable to mail comments in 

advance of the due date since 

Commission mail will be delayed due to 

necessary security screening. 

Docket: For access to the docket to 

read comments received, go to http:// 

www.usitc.gov or U.S. International 

Trade Commission, 500 E Street, SW., 

Room 112, Washington, DC 20436. The 

preamble below is designed to assist 

readers in understanding these 

proposed amendments to the 

Commission’s rules. The preamble 

includes a discussion of the background 

leading up to these proposed 

amendments, a regulatory analysis 

addressing government-wide statutes 

and issuances on rulemaking, and a 

description of the proposed 

amendments to the rules. The 

Commission encourages members of the 

public to comment—in addition to any 

other comments they wish to make on 

the proposed amendments—on whether 

the proposed language is sufficiently 

clear for users of the rules to 

understand. 

If the Commission decides to proceed 

to final rulemaking after reviewing the 

comments filed in response to this 

notice, the final rule revisions will be 

promulgated in accordance with the 

Administrative Procedure Act (5 U.S.C. 

553). 

Background 

The interim rules establish a new part 

208 of 19 CFR to provide for 

Commission investigations, 

determinations, and reports under 

section 112(c) of the African Growth 

and Opportunity Act (19 U.S.C. 3721(c)) 

(AGOA). The Commission’s general 

authority to issue rules is set out in 19 

U.S.C. 1335. On December 20, 2006, the 

President signed H.R. 6111 into law 

(Public Law 109–432), which amends 

section 112 of AGOA. Newly amended 

section 112(c) provides for Commission 

investigations and determinations 

concerning (1) Whether a fabric or yarn 

produced in beneficiary sub-Saharan 

African countries is available in 

commercial quantities for use by lesser 

developed beneficiary sub-Saharan 

African countries, and if so, (2) the 

quantity of the fabric or yarn that will 

be so available in lesser developed 

beneficiary sub-Saharan African 

countries in the applicable 1-year period 

(October 1–September 30) after the 

determination is made. Section 112(c) 

further provides, when the Commission 

makes an affirmative determination, for 

additional Commission determinations 

during and after the applicable 1-year 

period. 

Because the new provisions became 

effective on the date of enactment, the 

Commission did not have sufficient 

time to issue a notice of proposed 

rulemaking. These interim rules are 

necessary because the Commission must 

conduct an investigation upon receipt of 

an appropriate petition, and in the 

absence of interim rules the public will 

have no guidance with respect to how 

the Commission intends to conduct its 

investigations and make determinations. 

The interim rules cover petitions for an 

investigation, Commission 

investigations in response to a petition, 

and the determinations described in (1) 

and (2), above, that the Commission 

must make. 

The interim rules identify the types of 

entities that may file a petition and 

describe the information that must be 

included in a petition; provide for 

Commission investigations and 

establish procedures for conducting 

such investigations, including with 

respect to confidential business 

information; and describe the 

determinations and reports that the 

Commission will make and their 

content and timing. 

Regulatory Analysis of Interim Rules in 

19 CFR Part 208 

The Commission has determined that 

the interim rules do not meet the criteria 

described in Section 3(f) of Executive 

Order 12866 (58 FR 51735, Oct. 4, 1993) 

and thus do not constitute a significant 

regulatory action for purposes of the 

Executive Order. 

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. These interim regulations 

are ‘‘agency rules of procedure and 

practice,’’ and thus are exempt from the 

notice requirement imposed by 5 U.S.C. 

553(b). 

These interim rules do not contain 

federalism implications warranting the 

preparation of a federalism summary 

impact statement pursuant to Executive 

Order 13132 (64 FR 43255, Aug. 4, 

1999). 

No actions are necessary under the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1501 et seq.) because the 

interim 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 interim rules are not major rules 

as defined by section 804 of the Small 

Business Regulatory Enforcement 


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8626 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

Fairness Act of 1996 (5 U.S.C. 801 et 

seq.). Moreover, they are exempt from 

the reporting requirements of the 

Contract With America Advancement 

Act of 1996 (Pub. L. 104–121) because 

they concern rules of agency 

organization, procedure, or practice that 

do not substantially affect the rights or 

obligations of non-agency parties. 

The interim rules are not subject to 

section 3504(h) of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.), 

since they do not contain any new 

information collection requirements. 

Explanation of the Interim Rules in 19 

CFR Part 208 

The Commission proposes to add part 

208 in the manner described below. 

Section 208.1 

Section 208.1 of new part 208 states 

that this part 208 applies to functions 

and duties of the Commission under 

section 112(c) of AGOA, as amended. 

Section 208.2 

Section 208.2 sets forth definitions 

applicable to part 208, including with 

respect to the terms beneficiary subSaharan African country, lesser 

developed beneficiary sub-Saharan 

African countries, and applicable 1-year 

period. 

Section 208.3 

Section 208.3 identifies the persons 

who may file a petition with the 

Commission under section 112(c) of 

AGOA, and lists the types of 

information that must be included in 

the petition. 

Section 208.4 

Section 208.4 states that the 

Commission will institute an 

investigation not later than 10 days after 

receiving a properly filed petition, 

describes the information that the 

Commission will include in the Federal 

Register notice announcing the 

investigation, and states that the 

Commission will make the petition 

available for public inspection (with the 

exception of confidential business 

information). 

Section 208.5 

Section 208.5 states that the 

Commission may, in its discretion, hold 

a public hearing, provide reasonable 

notice of any hearing, and afford 

interested parties the opportunity to be 

present, present evidence, and be heard 

at any such hearing. 

Section 208.6 

Section 208.6 describes Commission 

procedures concerning the filing and 

service of documents and the required 

certification required by any person 

submitting factual information. 

Section 208.7 

Section 208.7 states that the 

Commission will, if necessary, make its 

determinations on the basis of the facts 

available; will make its determinations 

by September 25, 2007, with respect to 

petitions received on or before March 28 

and accepted on or before April 11, 

2007, and will make its determinations 

by August 1 of subsequent years with 

respect to petitions received on or 

before January 15 and accepted on or 

before February 1 of those years; will 

include in its report to the President its 

determination(s) and an explanation 

thereof, and any dissenting or separate 

views of Commissioners; and will make 

public the report it sends to the 

President (with the exception of 

confidential business information). 

Section 208.8 

Section 208.8 sets forth Commission 

policy under part 208 with respect to 

nondisclosure of confidential business 

information, and also generally requires 

that persons submitting confidential 

business information provide the 

Commission with a non-confidential 

summary of such information. 

List of Subjects in 19 CFR Part 208 

Administration practice and 

procedure, Business and industry, 

Customs duties, Imports, Investigations. 

■ For the reasons stated in the preamble, 

the Commission amends 19 CFR to add 

part 208 to read as follows: 

PART 208—INVESTIGATIONS WITH 

RESPECT TO COMMERCIAL 

AVAILABILITY OF TEXTILE FABRIC 

AND YARN IN SUB-SAHARAN 

AFRICAN COUNTRIES 

Sec. 

208.1 Applicability of part. 

208.2 Definitions applicable to this part. 

208.3 Petitions. 

208.4 Institution of investigations; 

publication of notice; and availability of 

petition for public inspection. 

208.5 Public hearing. 

208.6 Service, filing, and certification of 

documents. 

208.7 Determinations and reports. 

208.8 Confidential business information; 

furnishing of nonconfidential summaries 

thereof. 

Authority: 19 U.S.C. 1335; 19 U.S.C. 

3721(c). 

§ 208.1 Applicability of part. 

This part 208 applies to proceedings 

of the Commission under section 112(c) 

of the African Growth and Opportunity 

Act, as amended (19 U.S.C. 3721(c)). 

§ 208.2 Definitions applicable to this part. 

(a) Beneficiary sub-Saharan African 

country. The term ‘‘beneficiary subSaharan African country’’ means those 

countries so designated by the President 

under 19 U.S.C. 2466a. 

(b) Lesser developed beneficiary subSaharan African country. The term 

‘‘lesser developed beneficiary subSaharan African country’’ means a 

beneficiary sub-Saharan African country 

that had a per capita gross national 

product of less than $1,500 in 1998, as 

measured by the International Bank for 

Reconstruction and Development; 

Botswana; and Namibia. 

(c) Applicable 1-year period. The term 

‘‘applicable 1-year period’’ means the 

12-month period beginning on October 

1 and ending on September 30 of the 

following year. 

§ 208.3 Petitions. 

(a) Who may file. A petition under 

this part may be filed with the 

Commission by an interested party, 

including a producer of fabric or yarn in 

a beneficiary sub-Saharan African 

country, a producer of apparel in a 

lesser developed beneficiary subSaharan African country, or any other 

person who demonstrates to the 

satisfaction of the Commission a proper 

interest in filing a petition. 

(b) Contents of petition. The 

Commission will consider only 

petitions that address a single yarn or 

single fabric. The term ‘‘a single yarn or 

single fabric’’ means a single product, 

which may be classified in more than 

one heading of the HTS or may be only 

part of a heading. A petition shall 

include the following information in 

support of a request for a Commission 

investigation and determination under 

this part, to the extent that such 

information is available from 

governmental or other sources. To the 

extent information is not available from 

such sources, the petition may be based 

on best estimates, including an 

explanation of the basis therefor. If the 

petition does not include the required 

information and/or estimates and 

explanation, the petition will not be 

accepted, and it will instead be returned 

to the submitter. All quantities must be 

expressed in the unit of quantity used 

in the Harmonized Tariff Schedule of 

the United States, showing any 

conversion factors used (for example, 

most woven fabrics are reported in 

square meters, and most apparel are 

reported in numbers of units). 

(1) Product description. The name and 

description of the fabric or yarn 

concerned, including fiber content, yarn 

size, fabric construction, and finishing 

processes, specifying the United States 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 8627 

tariff provision under which such article 

is classified (to the 8-digit level if 

possible) and the beneficiary subSaharan African country or countries in 

which the fabric or yarn is produced. 

(2) Statement of interest. The names 

and addresses of the interested party or 

parties filing the petition or represented 

in the petition, the location and nature 

of their establishments, a description of 

the fabrics, yarns, and apparel that they 

produce, import, and/or sell, for each 

party filing or represented (including 

but not limited to the fabric or yarn that 

is a subject of the petition), and the 

basis for asserting that such person or 

entity is an interested party eligible to 

file a petition under this part. 

(3) Basis for certain statements. The 

basis for asserting that the subject fabric 

or yarn produced in a beneficiary subSaharan African country is available in 

‘‘commercial quantities’’ and for ‘‘use’’

in a lesser developed beneficiary subSaharan African country or countries. In 

support of a claim that such fabric or 

yarn is available in ‘‘commercial 

quantities,’’ provide evidence for the 3 

most recent full years for which 

information is available, and partial year 

data for the most recent year (if less than 

a full year), that such fabric or yarn is 

available for sale to third parties and the 

quantities offered, and any evidence of 

such sales to third parties. Include 

advertisements or other documentation 

in support of such claim. In support of 

a claim that such fabric or yarn is 

available for ‘‘use’’ in a lesser developed 

beneficiary sub-Saharan African country 

or countries, provide evidence for the 3 

most recent full years for which 

information is available, and partial year 

data for the most recent year (if less than 

a full year), of any offers, orders, or 

contracts or other supporting 

documentation. For orders already 

delivered, indicate the quantity 

involved and the time and location of 

the deliveries to the apparel producer. 

For orders for which deliveries have not 

yet been made, indicate the time or 

likely time of the receipt by an apparel 

producer in all countries where the 

fabric or yarn has been sold or offered 

for sale, including lesser developed subSaharan African country or countries. 

(4) Data concerning fabric and yarn. 

With respect to the subject fabric or 

yarn: 

(i) Data on production, sales, 

inventories, and capacity, that is 

supportable through documentation that 

can be made available to the 

Commission, for each firm known or 

believed to be producing the subject 

fabric or yarn in a beneficiary subSaharan African country, for each of the 

3 most recent full years for which data 

are available, and partial year data for 

the most recent year (if less than a full 

year); 

(ii) The name, address (house number, 

street, city, country, postal mailing 

number), telephone number, e-mail 

address, and contact person for each 

producer known or believed to be 

producing such fabric or yarn in a 

beneficiary sub-Saharan African 

country. 

(5) Orders from apparel producers 

and other users. Data on orders from 

apparel producers and other users in all 

countries where the fabric or yarn has 

been sold or offered for sale, including 

lesser developed beneficiary subSaharan African countries, by country, 

for the most recent full year and partial 

year (if less than a full year), and 

projected orders for the 1-year period 

(October 1–September 30) beginning 

after the Commission’s determination. 

The information furnished shall include 

the full fabric or yarn specification in 

the order, including, but not limited to, 

the fiber content, yarn size, fabric 

construction, finishing processes, 

quantities, projected delivery time for 

the fabric or yarn to the customer 

identified in the order, and any other 

information that the interested party 

submitting the petition believes is 

relevant. It shall also include the name, 

address (house number, street, city, 

country, postal mailing number), 

telephone number, e-mail address, and 

contact person (i) for each beneficiary 

sub-Saharan African fabric or yarn 

producer identified in each reported 

order, and (ii) for each lesser developed 

beneficiary sub-Saharan African apparel 

producer or other user identified in each 

reported order. 

(6) Estimated quantity available in 

next 1-year period. Estimated 

production of the subject fabric or yarn, 

by firm, for the 1-year period (October 

1–September 30) beginning after the 

Commission’s determination, and an 

estimate of the quantity of such 

production of fabric or yarn, by firm, 

that will be available in lesser 

developed beneficiary sub-Saharan 

African countries in that 1-year period, 

and basis for that estimate, including 

orders and other supporting documents. 

§ 208.4 Institution of investigations; 

publication of notice; and availability of 

petition for public inspection. 

(a) Institution of investigation and 

publication of notice. The Commission, 

after receipt of a petition under this 

part, properly filed, will institute an 

appropriate investigation not later than 

10 days after receipt of the petition, and 

publish notice thereof in the Federal 

Register. 

(b) Contents of notice. The notice 

instituting the investigation will 

identify the petitioner, the fabric or yarn 

that is the subject of the investigation 

and its tariff subheading, the nature and 

timing of the determination to be made, 

the time and place of any public 

hearing, the deadlines for filing briefs, 

statements, and other documents, page 

limits (if any) on posthearing briefs and 

documents, the place at which the 

petition or request and any other 

documents filed in the course of the 

investigation may be inspected, and the 

name, address, and telephone number of 

the office that may be contacted for 

more information. 

(c) Availability for public inspection. 

The Commission will promptly make 

each petition available for public 

inspection (with the exception of 

confidential business information). 

§ 208.5 Public hearing. 

(a) In general. The Commission may, 

in its discretion, hold a public hearing 

in connection with an investigation 

under this part. If the Commission holds 

a public hearing, it will do so only after 

having caused reasonable notice thereof 

to be published in the Federal Register. 

(b) Opportunity to appear. All 

interested parties will be afforded an 

opportunity to be present, to present 

evidence, and to be heard at any such 

hearing. 

§ 208.6 Service, filing, and certification of 

documents. 

(a) Filing. Documents to be filed with 

the Commission must comply with 

applicable rules, including § 201.8 of 

this chapter. If the Commission 

establishes a deadline for the filing of a 

document, and the submitter includes 

confidential business information in the 

document, the submitter is to file the 

confidential version on or before the 

deadline date and may file the 

nonconfidential version no later than 

one business day after the deadline for 

filing the document. If the submitter is 

a party, the submitter is to serve the 

nonconfidential version of the 

document on other parties on the 

service list no later than one business 

day after the deadline for filing the 

document. The confidential version 

filed with the Commission shall enclose 

all confidential business information in 

brackets and have the following warning 

marked on every page: ‘‘Bracketing of 

CBI not final for one business day after 

date of filing.’’ The bracketing becomes 

final one business day after the date of 

filing of the document, i.e., at the same 

time as the nonconfidential version of 

the document is due to be filed. If the 

submitter discovers it has failed to 


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8628 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

bracket correctly, the submitter may file 

a corrected version or portion of the 

confidential document at the same time 

as the nonconfidential version is filed. 

No changes to the document other than 

bracketing and deletion of confidential 

business information are permitted after 

the deadline. Failure to comply with 

this paragraph may result in the striking 

of all or a portion of a submitter’s 

document. 

(b) Service. Any party submitting a 

document for the consideration of the 

Commission in the course of an 

investigation to which this part pertains 

shall, in addition to complying with 

§ 201.8 of this chapter, serve a copy of 

the public version of such document on 

all other parties to the investigation in 

the manner prescribed in § 201.16 of 

this chapter. If a document is filed 

before the Secretary’s issuance of the 

service list provided for in § 201.11 of 

this chapter, the document need not be 

accompanied by a certificate of service, 

but the document shall be served on all 

appropriate parties within two (2) days 

of the issuance of the service list and a 

certificate of service shall then be filed. 

Notwithstanding § 201.16 of this 

chapter, petitions, briefs, and testimony 

filed by parties shall be served by hand 

or, if served by mail, by overnight mail 

or its equivalent. Failure to comply with 

the requirements of this rule may result 

in removal from status as a party to the 

investigation. The Commission shall 

make available, upon request, to all 

parties to the investigation a copy of 

each document, except transcripts of 

hearings, confidential business 

information, privileged information, and 

information required to be served under 

this section, placed in the docket file of 

the investigation by the Commission. 

(c) Certification. Any person 

submitting factual information on behalf 

of the petitioner or any other interested 

party for the consideration of the 

Commission in the course of an 

investigation to which this part pertains, 

and any person submitting a response to 

a Commission questionnaire issued in 

connection with an investigation to 

which this part pertains, must certify 

that such information is accurate and 

complete to the best of the submitter’s 

knowledge. 

§ 208.7 Determinations and reports. 

(a) Determinations. When relevant 

information is not available on the 

record or any party withholds 

information that has been requested by 

the Commission, the Commission will 

make its determination on the basis of 

the facts available. When the 

Commission relies on information 

submitted as facts available, it will, to 

the extent practicable, corroborate the 

information from independent sources 

that are reasonably available to the 

Commission. 

(b) Time for determinations and 

reports. The Commission will make its 

determinations under section 

112(c)(2)(A) and (B)(i) of AGOA and 

transmit its reports to the President by 

September 25, 2007, with respect to 

petitions received on or before March 28 

and accepted on or before April 11, 

2007, and will make its determinations 

by August 1 of subsequent years with 

respect to petitions received on or 

before January 15 and accepted on or 

before February 1 of those years. 

(c) Contents of report. The 

Commission will include in its report to 

the President the following: 

(1) The determination made with 

respect to whether a fabric or yarn 

produced in beneficiary sub-Saharan 

African countries is available in 

commercial quantities for use in lesser 

developed beneficiary sub-Saharan 

African countries, and an explanation of 

the basis for the determination; 

(2) If the determination in paragraph 

(c)(1) of this section is affirmative, a 

determination with respect to the 

quantity of the fabric or yarn that will 

be so available in lesser developed 

beneficiary sub-Saharan African 

countries in the applicable 1-year period 

beginning after the determination is 

made; 

(3) Any dissenting or separate views 

by members of the Commission 

regarding such determinations. 

(c) Public version of report. Upon 

making its report to the President, the 

Commission will make such report 

public (with the exception of 

information which the Commission 

determines to be confidential), and 

publish a summary thereof in the 

Federal Register. 

§ 208.8 Confidential business information; 

furnishing of nonconfidential summaries 

thereof. 

(a) Nonrelease of information. In the 

case of an investigation under this part, 

the Commission will not release 

information which the Commission 

considers to be confidential business 

information within the meaning of 

§ 201.6 of this chapter unless the party 

submitting the confidential business 

information had notice, at the time of 

submission, that such information 

would be released by the Commission, 

or such party subsequently consents to 

the release of the information. When 

appropriate, the Commission will 

include confidential business 

information in reports transmitted to the 

President (and/or the United States 

Trade Representative); such reports will 

be marked as containing confidential 

business information, and a 

nonconfidential version of such report 

will be made available to the public. 

(b) Nonconfidential summaries. 

Except as the Commission may 

otherwise provide, a party submitting 

confidential business information shall 

also submit to the Commission, at the 

time it submits such information, a 

nonconfidential summary of the 

information. If a party indicates that the 

confidential business information 

cannot be summarized, it shall state in 

writing the reasons why a summary 

cannot be provided. If the Commission 

finds that a request for confidentiality is 

not warranted and if the party 

concerned is either unwilling to make 

the information public or to authorize 

its disclosure in generalized or 

summarized form, the Commission may 

disregard the submission. 

By order of the Commission. 

Issued: February 21, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3387 Filed 2–26–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AA62 

Mental Health Parity 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Interim final amendment to 

regulation. 

SUMMARY: This document contains an 

interim final amendment to modify the 

sunset date of interim final regulations 

under the Mental Health Parity Act 

(MHPA) to be consistent with legislation 

passed during the 109th Congress. 

DATES: Effective date. The interim final 

amendment is effective December 31, 

2006. 

Applicability dates. The requirements 

of the interim final amendment apply to 

group health plans and health insurance 

issuers offering health insurance 

coverage in connection with a group 

health plan beginning December 31, 

2006. The MHPA interim final 

amendment extends the sunset date 

from December 31, 2006 to December 

31, 2007. Pursuant to the extended 

sunset date, MHPA requirements apply 


cprice-sewell on PROD1PC66 with RULES