31886 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Notices 

Item 

Estimated time 

for response 

(hours) 

Estimated 

annual 

responses 

Estimated 

annual 

burden hours 

Application to Extend Patent Term Under 35 U.S.C. 156 .......................................................... 25 60 1,500 

Request for Interim Extension Under 35 U.S.C. 156(e)(2) ......................................................... 1 10 10 

Petition to Review Final Eligibility Decision Under 37 CFR 1.750 .............................................. 25 3 75 

Initial Application for Interim Extension Under 35 U.S.C. 156(d)(5) ........................................... 20 3 60 

Subsequent Application for Interim Extension Under 37 CFR 1.790 ......................................... 1 1 1 

Response to Requirement to Elect ............................................................................................. 1 10 10 

Response to Request to Identify Holder of Regulatory Approval ............................................... 2 1 2 

Declaration to Withdraw an Application to Extend Patent Term ................................................. 2 1 2 

Petition for Reconsideration of Patent Term Adjustment Determination .................................... 3 1,850 5,550 

Petition for Reinstatement of Reduced Patent Term Adjustment ............................................... 4 10 40 

Petition to Accord a Filing Date to an Application Under 37 CFR 1.740 for Extension of a 

Patent Term ............................................................................................................................. 2 1 2 

Totals .................................................................................................................................... ........................ 1,950 7,252 

Estimated Total Annual Non-hour 

Respondent Cost Burden: $90. There are 

no capital start-up, maintenance, or 

recordkeeping costs associated with this 

information collection. However, this 

collection does have annual (non-hour) 

costs in the form of postage costs. 

There are fees associated with the 

requirements for patent term extension 

and patent term adjustment. These fees 

are covered under OMB control number 

0651–0072. The fees are listed in the 

accompanying table for reference but 

will not be included in the annual (nonhour) cost burden for this collection. 

Item Fee amount 

Application To Extend Patent Term Under 35 U.S.C. 156 ................................................................................................. $1,120.00. 

Request for Interim Extension Under 35 U.S.C. 156(e)(2) ................................................................................................ $0.00. 

Petition To Review Final Eligibility Decision Under 37 CFR 1.750 .................................................................................... $0.00. 

Initial Application for Interim Extension Under 35 U.S.C. 156(d)(5) ................................................................................... $420.00. 

Subsequent Application for Interim Extension Under 37 CFR 1.790 ................................................................................. $220.00. 

Response to Requirement To Elect .................................................................................................................................... $0.00. 

Response to Request to Identify Holder of Regulatory Approval ...................................................................................... $0.00. 

Declaration To Withdraw an Application to Extend Patent Term ....................................................................................... $0.00. 

Petition for Reconsideration of Patent Term Adjustment Determination ............................................................................ $200.00. 

Petition for Reinstatement of Reduced Patent Term Adjustment ...................................................................................... $400.00. 

Petition To Accord a Filing Date to an Application Under 37 CFR 1.740 for Extension of a Patent Term ....................... (large entity) $400.00. 

(small entity) $200.00. 

(micro entity) $100.00. 

Customers may incur postage costs 

when submitting the information in this 

collection to the USPTO by mail. The 

USPTO expects that the Application to 

Extend Patent Term Under 35 U.S.C. 

156, the Initial Application for Interim 

Extension Under 35 U.S.C. 156(d)(5), 

and approximately 7% of the other 

responses for this collection will be 

submitted by mail. The USPTO 

estimates that the average first-class 

postage cost for a mailed submission 

will be 46 cents and that up to 195 

submissions will be mailed to the 

USPTO per year, for a total estimated 

postage cost of $90 per year. 

The total annual (non-hour) 

respondent cost burden for this 

collection is estimated to be 

approximately $90 per year. 

IV. Request for Comments 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval. All comments will become a 

matter of public record. 

The USPTO is soliciting public 

comments to: (a) Evaluate whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (b) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) Minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Dated: May 22, 2013. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2013–12620 Filed 5–24–13; 8:45 am] 

BILLING CODE 3510–16–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

[Docket #: 130430427–3427–01; OMB 

Control #: 0625–0274 (Expiration: 

04/30/2016)] 

RIN 0625–XC006 

Interim Procedures for Considering 

Requests From the Public for Textile 

and Apparel Safeguard Actions on 

Imports From Panama 

AGENCY: The Committee for the 

Implementation of Textile Agreements. 

ACTION: Notice of interim procedures 

and request for comments. 

SUMMARY: This notice sets forth the 

interim procedures the Committee for 

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Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Notices 31887 

the Implementation of Textile 

Agreements (‘‘CITA’’) will follow in 

implementing certain provisions of the 

United States-Panama Trade Promotion 

Agreement (‘‘US-Panama TPA’’). Title 

III, Subtitle B, Section 321 through 

Section 328 of the United States-Panama 

Trade Promotion Agreement 

Implementation Act (‘‘Implementation 

Act’’) [Pub. L. 112–43] authorizes the 

President to consider requests from the 

public for textile and apparel safeguard 

actions. The President has delegated to 

CITA the authority to determine 

whether imports of a Panamanian textile 

or apparel article are causing serious 

damage, or actual threat thereof, to a 

domestic industry producing an article 

that is like, or directly competitive with, 

the imported article. CITA hereby gives 

notice to interested entities of the 

procedures CITA will follow in 

considering such requests and solicits 

public written comments on these 

interim procedures. 

DATES: As of May 28, 2013, CITA 

intends to use these interim procedures 

to process requests from the public. 

CITA solicits public written comments 

on the interim procedures. Comments 

must be received no later than June 27, 

2013 in either hard copy or 

electronically. 

ADDRESSES: If submitting comments in 

hard copy, an original, signed document 

must be submitted to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 30003, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230. If submitting 

comments electronically, the electronic 

copy must be submitted to 

OTEXA_PANAMA@trade.gov. All 

submitted comments will be posted for 

public review on the Web site dedicated 

to U.S.-Panama TPA textile and apparel 

safeguard proceedings. The Web site is 

located on the U.S. Department of 

Commerce’s Office of Textile and 

Apparel Web site (http:// 

otexa.ita.doc.gov), under ‘‘Panama 

TPA’’/‘‘Safeguards.’’ Additional 

instructions regarding the submission of 

comments may be found at the end of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Robert Carrigg, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3400. 

SUPPLEMENTARY INFORMATION: 

Legal Authority: Section 321 through 

Section 328 of the Implementation Act and 

Proclamation No. 8894, 77 FR 66507 

(November 5, 2012). 

Background 

Title III, Subtitle B, Section 321 

through Section 328 of the 

Implementation Act implements the 

textile and apparel safeguard provisions, 

provided for in Article 3.24 of the USPanama TPA. The safeguard mechanism 

applies when, as a result of the 

elimination of a customs duty under the 

US-Panama TPA, a Panamanian textile 

or apparel article is being imported into 

the United States in such increased 

quantities, in absolute terms or relative 

to the domestic market for that article, 

and under such conditions as to cause 

serious damage or actual threat thereof 

to a U.S. industry producing a like or 

directly competitive article. In these 

circumstances, Article 3.24 permits the 

United States to increase duties on the 

imported article from Panama to a level 

that does not exceed the lesser of the 

prevailing U.S. most-favored-nation 

(MFN) duty rate for the article or the 

U.S. MFN duty rate in effect on the day 

the US-Panama TPA enters into force. 

The import tariff relief is effective 

beginning on the date that CITA 

determines that a ‘‘Panamanian textile 

or apparel article,’’ as defined in Section 

301(2) of the Implementation Act, is 

being imported into the United States in 

such increased quantities, in absolute 

terms or relative to the domestic market 

for that article, and under such 

conditions that imports of the article 

cause serious damage, or actual threat 

thereof, to a U.S. industry producing an 

article that is like, or directly 

competitive with, the imported article. 

Consistent with Section 323(a) of the 

Implementation Act, the maximum 

period of import tariff relief, as set forth 

in Section 3 of this notice, shall be three 

years. Consistent with Section 323(b) of 

the Implementation Act, if the initial 

period of import relief is applied for less 

than three years, CITA may extend it up 

to the three year maximum if CITA 

determines that the continuation is 

necessary to remedy or prevent serious 

damage or actual threat thereof and to 

facilitate adjustment by the domestic 

industry to import competition, and 

there is evidence that the domestic 

industry is, in fact, making a positive 

adjustment to import competition. 

Import tariff relief may not be applied 

to the same article at the same time 

under these procedures if relief 

previously has been granted with 

respect to that article under: (1) These 

procedures; (2) Subtitle A to Title III of 

the Implementation Act; or (3) Chapter 

1 of Title II of the Trade Act of 1974 (19 

U.S.C. 2251 et seq.). 

Authority to provide import tariff 

relief with respect to a Panamanian 

textile or apparel article will expire five 

years after the date on which the USPanama TPA enters into force. 

Under Article 3.24.6 of the USPanama TPA, if the United States 

provides relief to a domestic industry 

under the textile and apparel safeguard, 

it must provide Panama ‘‘mutually 

agreed trade liberalizing compensation 

in the form of concessions having 

substantially equivalent trade effects or 

equivalent to the value of the additional 

duties expected to result from the textile 

safeguard measure.’’ Such concessions 

shall be limited to textile and apparel 

products, unless the United States and 

Panama agree otherwise. If the United 

States and Panama are unable to agree 

on trade liberalizing compensation, 

Panama may increase customs duties 

equivalently on U.S. products. The 

obligation to provide compensation 

terminates upon termination of the 

safeguard relief. Section 327 of the 

Implementation Act extends the 

President’s authority to provide 

compensation under Section 123 of the 

Trade Act of 1974 (19 U.S.C. 2133), as 

amended, to measures taken pursuant to 

the US-Panama TPA’s textile and 

apparel safeguard provisions. 

Procedures for Requesting Textile and 

Apparel Safeguard Actions 

1. Requirements for Requests. 

Pursuant to Section 321(a) of the 

Implementation Act and Paragraph (7) 

of Presidential Proclamation 8894 of 

November 5, 2012, an interested party 

may file a request for a textile and 

apparel safeguard action with CITA. 

CITA will review requests from an 

interested party sent to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 3100, U.S. 

Department of Commerce, 14th and 

Constitution Avenue NW., Washington, 

DC 20230. Ten copies of any such 

request must be provided. As provided 

in Section 328 of the Implementation 

Act, CITA will protect from disclosure 

any business confidential information 

that is marked ‘‘business confidential’’ 

to the full extent permitted by law. To 

the extent that business confidential 

information is provided, two copies of 

a non-confidential version must also be 

provided, that is identical to the 

business confidential version with the 

exception that any business confidential 

information is summarized or, if 

necessary, deleted. At the conclusion of 

the request, an interested party must 

attest that ‘‘all information contained in 

the request is complete and accurate 

and no false claims, statements, or 

representations have been made.’’ 

Consistent with Section 321(a), CITA 

will review a request initially to 

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31888 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Notices 

determine whether to commence 

consideration of the request on its 

merits. Within 15 working days of 

receipt of a request, CITA will consider 

the criteria set forth below to determine 

whether the request provides the 

information necessary for CITA to 

consider the request. If the request does 

not provide the necessary information, 

CITA will promptly notify the requester 

of the reasons for this determination and 

the request will not be considered. 

However, CITA will reevaluate any 

request that is resubmitted with 

additional information. 

Consistent with longstanding CITA 

practice in considering textile safeguard 

actions, CITA will consider an 

interested party to be an entity (which 

may be a trade association, firm, 

certified or recognized union, or group 

of workers) that is representative of 

either: (A) A domestic producer or 

producers of an article that is like, or 

directly competitive with, the subject 

Panamanian textile or apparel article; or 

(B) a domestic producer or producers of 

a component used in the production of 

an article that is like, or directly 

competitive with, the subject 

Panamanian textile or apparel article. 

A request will only be considered if 

the request includes the specific 

information set forth below in support 

of a claim that a textile or apparel article 

from Panama is being imported into the 

United States in such increased 

quantities, in absolute terms or relative 

to the domestic market for that article, 

and under such conditions as to cause 

serious damage, or actual threat thereof, 

to a U.S. industry producing an article 

that is like, or directly competitive with, 

the imported article. 

A. Product description. Name and 

description of the imported article 

concerned, including the category or 

categories or part thereof of the U.S. 

Textile and Apparel Category System 

(see ‘‘Textile Correlation’’ at http:// 

otexa.ita.doc.gov/corr.htm) under which 

such article is classified, the 

Harmonized Tariff Schedule of the 

United States subheading(s) under 

which such article is classified, and the 

name and description of the like or 

directly competitive domestic article 

concerned. 

B. Import data. The following data, in 

quantity by category unit (see ‘‘Textile 

Correlation’’), on total imports of the 

subject article into the United States and 

imports from Panama into the United 

States: 

* Annual data for the most recent 

three full calendar years for which such 

data are available; 

* Quarterly data for the most recent 

year for which such data are partially 

available, and quarterly data for the 

same quarter(s) of the previous year 

(e.g., January–March 2011, April–June 

2011 and January–March 2010, April– 

June 2010). 

The data should demonstrate that 

imports of a Panamanian-origin textile 

or apparel article that is like, or directly 

competitive with, the article produced 

by the domestic industry concerned are 

increasing in absolute terms or relative 

to the domestic market for that article. 

C. Production data. The following 

data, in quantity by category unit (see 

‘‘Textile Correlation’’), on U.S. domestic 

production of the like or directly 

competitive article of U.S. origin 

indicating the nature and extent of the 

serious damage or actual threat thereof: 

* Annual data for the most recent 

three full calendar years for which such 

data are available; 

* Quarterly data for the most recent 

year for which such data are partially 

available, and quarterly data for the 

same quarter(s) of the previous year 

(e.g., January–March 2011, April–June 

2011 and January–March 2010, April– 

June 2010). 

The requester must provide a 

complete listing of all sources from 

which the data were obtained and an 

affirmation that to the best of the 

requester’s knowledge, the data 

represent substantially all of the 

domestic production of the like or 

directly competitive article(s) of U.S. 

origin. In such cases, data should be 

reported in the first unit of quantity in 

the Harmonized Tariff Schedule of the 

United States (http://www.usitc.gov/ 

tata/hts) for the Panamanian textile and/ 

or apparel articles and the like or 

directly competitive articles of U.S. 

origin. 

D. Market Share Data. The following 

data, in quantity by category unit (see 

‘‘Textile Correlation’’), on imports from 

Panama as a percentage of the domestic 

market (defined as the sum of domestic 

production of the like or directly 

competitive article and total imports of 

the subject article); on total imports as 

a percentage of the domestic market; 

and on domestic production of like or 

directly competitive articles as a 

percentage of the domestic market: 

* Annual data for the most recent 

three full calendar years for which such 

data are available; 

* Quarterly data for the most recent 

year for which such data are partially 

available, and quarterly data for the 

same quarter(s) of the previous year 

(e.g., January–March 2011, April–June 

2011 and January–March 2010, April– 

June 2010). 

E. Additional data showing serious 

damage or actual threat thereof. All 

data available to the requester showing 

changes in productivity, utilization of 

capacity, inventories, exports, wages, 

employment, domestic prices, profits, 

and investment, and any other 

information, relating to the existence of 

serious damage, or actual threat thereof, 

caused by imports from Panama to the 

industry producing the like or directly 

competitive article that is the subject of 

the request. To the extent that such 

information is not available, the 

requester should provide best estimates 

and the basis therefore: 

* Annual data for the most recent 

three full calendar years for which such 

data are available; 

* Quarterly data for the most recent 

year for which such data are partially 

available, and quarterly data for the 

same quarter(s) of the previous year 

(e.g., January–March 2011, April–June 

2011 and January–March 2010, April– 

June 2010). 

2. Consideration of Requests. 

Consistent with Section 321(b) of the 

Implementation Act, if CITA determines 

that the request provides the 

information necessary for it to be 

considered, CITA will publish in the 

Federal Register a notice seeking public 

comments regarding the request, which 

will include a summary of the request 

and the date by which comments must 

be received. The Federal Register notice 

and the request, with the exception of 

information marked ‘‘business 

confidential,’’ will be posted by the 

Department of Commerce’s Office of 

Textiles and Apparel (‘‘OTEXA’’) on the 

Internet (http://otexa.ita.doc.gov). The 

comment period shall be 30 calendar 

days. To the extent business 

confidential information is provided, a 

non-confidential version must also be 

provided, that is identical to the 

business confidential version with the 

exception that any business confidential 

information is summarized or, if 

necessary, deleted. At the conclusion of 

its submission of such public 

comments, an interested party must 

attest that ‘‘all information contained in 

the comments is complete and accurate 

and no false claims, statements, or 

representations have been made.’’ 

Comments received, with the exception 

of information marked ‘‘business 

confidential,’’ will also be on the 

Internet (http://otexa.ita.doc.gov) for 

review by the public. If a comment 

alleges that there is no serious damage 

or actual threat thereof, or that the 

subject imports are not the cause of the 

serious damage or actual threat thereof, 

CITA will closely review any supporting 

information and documentation, such as 

information about domestic production 

or prices of like or directly competitive 

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Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Notices 31889 

articles. In the case of requests 

submitted by entities that are not the 

actual producers of a like or directly 

competitive article, particular 

consideration will be given to comments 

representing the views of actual 

producers in the United States of a like 

or directly competitive article. 

Any interested party may submit 

information to rebut, clarify, or correct 

public comments submitted by any 

other interested party at any time prior 

to the deadline provided in this section 

for submission of such public 

comments. If public comments are 

submitted less than 10 days before, or 

on, the applicable deadline for 

submission of such public comments, 

an interested party may submit 

information to rebut, clarify, or correct 

the public comments no later than 10 

days after the applicable deadline for 

submission of public comments. 

With respect to any request 

considered by CITA, CITA will make a 

determination within 60 calendar days 

of the close of the comment period. If 

CITA is unable to make a determination 

within 60 calendar days, it will publish 

a notice in the Federal Register and 

include the date by which it will make 

a determination. If CITA makes a 

negative determination, it will publish 

this determination and the reasons 

therefore in the Federal Register. 

3. Determination and Provision of 

Relief. CITA shall determine whether, as 

a result of the reduction or elimination 

of a duty under the US-Panama TPA, 

Panama’s textile or apparel article is 

being imported into the United States in 

such increased quantities, in absolute 

terms or relative to the domestic market 

for that article, and under such 

conditions as to cause serious damage, 

or actual threat thereof, to a domestic 

industry producing an article that is 

like, or directly competitive with, the 

imported article. In making this 

determination, CITA: (1) Shall examine 

the effect of increased imports on the 

domestic industry as reflected in such 

relevant economic factors as output, 

productivity, utilization of capacity, 

inventories, market share, exports, 

wages, employment, domestic prices, 

profits, and investment, none of which 

is necessarily decisive; and (2) shall not 

consider changes in technology or 

consumer preference as factors 

supporting a determination of serious 

damage or actual threat thereof. CITA, 

without delay, will provide written 

notice of its decision to the Government 

of Panama and will consult with said 

party upon its request. 

If a determination under this section 

is affirmative, CITA may provide import 

tariff relief to a U.S. industry to the 

extent necessary to remedy or prevent 

the serious damage or actual threat 

thereof and to facilitate adjustment by 

the domestic industry to import 

competition. Such relief may consist of 

an increase in duties to the lower of: (1) 

The Normal Trade Relations (NTR)/ 

Most Favored Nation (MFN) duty rate in 

place for the textile or apparel article at 

the time the relief is granted; or (2) the 

NTR/MFN duty rate for that article on 

the day the US-Panama TPA enters into 

force. 

The import tariff relief is effective 

beginning on the date that CITA’s 

affirmative determination is published 

in the Federal Register. The maximum 

period of import tariff relief shall be 

three years. However, if the initial 

period for import relief is less than three 

years, CITA may extend the period of 

import relief to the maximum three-year 

period if CITA determines that the 

continuation is necessary to remedy or 

prevent serious damage or actual threat 

thereof by the domestic industry to 

import competition, and that the 

domestic industry is, in fact, making a 

positive adjustment to import 

competition. Import tariff relief may not 

be imposed for an aggregate period 

greater than three years. Import tariff 

relief may not be applied to the same 

article at the same time under these 

procedures if relief previously has been 

granted with respect to that article 

under: (1) These procedures; (2) Subtitle 

A to Title III of the Implementation Act; 

or (3) Chapter 1 of Title II of the Trade 

Act of 1974 (19 U.S.C. 2251 et seq.). 

Authority to provide import tariff 

relief for a textile or apparel article from 

Panama that is being imported into the 

United States in such increased 

quantities, in absolute terms or relative 

to the domestic market for that article, 

and under such conditions as to cause 

serious damage or actual threat thereof 

to a U.S. industry producing a like or 

directly competitive article, will expire 

five years after the date on which the 

US-Panama TPA enters into force. 

4. Self Initiation. CITA may, on its 

own initiative, consider whether 

imports of a textile or apparel article 

from Panama are being imported into 

the United States in such increased 

quantities, in absolute terms or relative 

to the domestic market for that article, 

and under such conditions as to cause 

serious damage or actual threat thereof 

to a U.S. industry producing a like or 

directly competitive article. In such 

considerations, CITA will follow 

procedures consistent with those set 

forth in Section 2 of this notice, 

including the publishing of a notice in 

the Federal Register seeking public 

comment regarding the action it is 

considering. 

5. Record Keeping and Business 

Confidential Information. The Office of 

Textiles and Apparel (OTEXA) will 

maintain an official record for each 

request on behalf of CITA. The official 

record will include all factual 

information, written argument, or other 

material developed by, presented to, or 

obtained by OTEXA regarding the 

request, as well as other material 

provided to the Department of 

Commerce by other government 

agencies for inclusion in the official 

record. The official record will include 

CITA memoranda pertaining to the 

request, memoranda of CITA meetings, 

meetings between OTEXA staff and the 

public, determinations, and notices 

published in the Federal Register. The 

official record will contain material 

which is public, business confidential, 

privileged, and classified, but will not 

include pre-decisional inter-agency or 

intra-agency communications. If CITA 

decides it is appropriate to consider 

materials submitted in an untimely 

manner, such materials will be 

maintained in the official record. 

Otherwise, such material will be 

returned to the submitter and will not 

be maintained as part of the official 

record. OTEXA will make the official 

record public except for business 

confidential information, privileged 

information, classified information, and 

other information the disclosure of 

which is prohibited by U.S. law. 

The public record will be made 

available for public inspection at the 

Office of Textiles and Apparel, Room 

30003, U.S. Department of Commerce, 

14th and Constitution Avenue NW., 

Washington, DC, between the hours of 

8:30 a.m. and 5:00 p.m. on business 

days. 

Information designated by the 

submitter as business confidential will 

normally be considered to be business 

confidential unless it is publicly 

available. CITA will protect from 

disclosure any business confidential 

information that is marked ‘‘business 

confidential’’ to the full extent 

permitted by law. To the extent that 

business confidential information is 

provided, two copies of a nonconfidential version must also be 

provided, that is identical to the 

business confidential version with the 

exception that any business confidential 

information is summarized or, if 

necessary, deleted. CITA will make 

available to the public non-confidential 

versions of the request that is being 

considered, non-confidential versions of 

any public comments received with 

respect to a request, and, in the event 

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31890 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Notices 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act of 2010, Public Law 111– 

203, 124 Stat. 1376 (2010). The text of the DoddFrank Act may be accessed at http://www.cftc.gov./ 

LawRegulation/OTCDERIVATIVES/index.htm. 

2Pursuant to section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

3 7 U.S.C. 1 et seq. 

4 7 U.S.C. 4(a)(6). At this time, the Commission 

is only providing interpretive guidance on the 

disruptive trading, practices, or conduct discussed 

herein. The Commission does not foreclose 

subsequent promulgation of rules and regulations 

pursuant to CEA section 4c(a)(6). The Commission 

also notes that new CEA section 4c(a)(5) is selfeffectuating. 

consultations are requested, the 

statement of the reasons and 

justifications for the determination 

subsequent to the delivery of the 

statement to Panama. 

Request for Comment on the Interim 

Procedures 

Comments must be received no later 

than June 27, 2013, and in the following 

format: 

(1) Comments must be in English. 

(2) Comments must be submitted 

electronically or in hard copy, with 

original signatures. 

(3) Comments submitted 

electronically, via email, must be either 

in PDF or Word format, and sent to the 

following email address: 

OTEXA_PANAMA@trade.gov. The 

email version of the comments must 

include an original electronic signature. 

Further, the comments must have a 

bolded heading stating ‘‘Public 

Version’’, and no business confidential 

information may be included. The email 

version of the comments will be posted 

for public review on the Panama TPA 

Safeguard Web site. 

(4) Comments submitted in hard copy 

must include original signatures and 

must be mailed to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 30003, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230. All comments 

submitted in hard copy will be made 

available for public inspection at the 

Office of Textiles and Apparel, Room 

30003, U.S. Department of Commerce, 

14th Street and Constitution Avenue 

NW., Washington, DC, between the 

hours of 8:30 a.m. and 5:00 p.m. on 

business days. In addition, comments 

submitted in hard copy will also be 

posted for public review on the Panama 

TPA Safeguard Web site. 

(5) Any business confidential 

information upon which an interested 

person wishes to rely may only be 

included in a hard copy version of the 

comments. Brackets must be placed 

around all business confidential 

information. Comments containing 

business confidential information must 

have a bolded heading stating 

‘‘Confidential Version.’’ Attachments 

considered business confidential 

information must have a heading stating 

‘‘Business Confidential Information’’. 

The Committee will protect from 

disclosure any business confidential 

information that is marked ‘‘Business 

Confidential Information’’ to the full 

extent permitted by law. 

Janet E. Heinzen, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

[FR Doc. 2013–12630 Filed 5–24–13; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMODITY FUTURES TRADING 

COMMISSION 

RIN 3038–AD96 

Antidisruptive Practices Authority 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Interpretive guidance and policy 

statement. 

SUMMARY: The Commodity Futures 

Trading Commission (the 

‘‘Commission’’ or ‘‘CFTC’’) is issuing 

this interpretive guidance and policy 

statement (‘‘interpretive statement’’) to 

provide guidance on section 747 of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (the ‘‘DoddFrank Act’’), which prohibits certain 

disruptive trading, practices, or conduct 

as set forth in new section 4c(a)(5) of the 

Commodity Exchange Act (the ‘‘CEA’’). 

This interpretive statement will provide 

market participants and the public with 

guidance on the scope and application 

of the statutory prohibitions set forth in 

CEA section 4c(a)(5). 

DATES: This interpretive statement will 

become effective May 28, 2013. 

FOR FURTHER INFORMATION CONTACT: 

David Meister, Director, Division of 

Enforcement, dmeister@cftc.gov, 

Vincent McGonagle, Senior Deputy 

Director, Division of Enforcement, 

vmcgonagle@cftc.gov or Robert Pease, 

Counsel to the Director of Enforcement, 

202–418–5863, rpease@cftc.gov; Three 

Lafayette Centre, 1151 21st Street NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

Prohibition of Disruptive Practices 

I. Statutory and Regulatory Authorities 

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(‘‘Dodd-Frank Act’’).1 Title VII of the 

Dodd-Frank Act 2 amended the 

Commodity Exchange Act (‘‘CEA’’) 3 to 

establish a comprehensive new 

regulatory framework for swaps and 

security-based swaps. The legislation 

was enacted to reduce risk, increase 

transparency, and promote market 

integrity within the financial system by 

doing, among other things, the 

following: (1) Providing for the 

registration and comprehensive 

regulation of swap dealers and major 

swap participants; (2) imposing clearing 

and trade execution requirements on 

standardized derivative products; (3) 

creating robust recordkeeping and realtime reporting regimes; and (4) 

enhancing the Commission’s 

rulemaking and enforcement authorities 

with respect to, among others, all 

registered entities and intermediaries 

subject to the Commission’s oversight. 

Section 747 of the Dodd-Frank Act 

amends section 4c(a) of the CEA 

(‘‘Prohibited Transactions’’) to add a 

new section entitled ‘‘Disruptive 

Practices.’’ New CEA section 4c(a)(5) 

makes it unlawful for any person to 

engage in any trading, practice, or 

conduct on or subject to the rules of a 

registered entity that—(A) violates bids 

or offers; (B) demonstrates intentional or 

reckless disregard for the orderly 

execution of transactions during the 

closing period; or (C) is, is of the 

character of, or is commonly known to 

the trade as, ‘‘spoofing’’ (bidding or 

offering with the intent to cancel the bid 

or offer before execution). 

Dodd-Frank Act section 747 also 

amends section 4c(a) of the CEA by 

granting the Commission authority 

under new section 4c(a)(6) of the CEA 

to promulgate such ‘‘rules and 

regulations as, in the judgment of the 

Commission, are reasonably necessary 

to prohibit the trading practices’’ 

enumerated therein ‘‘and any other 

trading practice that is disruptive of fair 

and equitable trading.’’ 4

The Commission is issuing this 

interpretive guidance and policy 

statement (‘‘interpretive statement’’) to 

provide market participants and the 

public with guidance on the manner in 

which it intends to apply the statutory 

prohibitions set forth in section 4c(a)(5) 

of the CEA. The public has the ability 

to present facts and circumstances that 

would inform the application of these 

policies. 

mstockstill on DSK4VPTVN1PROD with NOTICES