[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whether rules should be modified, streamlined, expanded, or repealed so 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