Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16087

1See 59 FR 39020, Part II (Aug. 1, 1994), as

corrected by 59 FR 64286 (Dec. 14, 1994) and

amended by 59 FR 67622 (Dec. 30, 1994).

2 Section 201.6(b)(3)(v) of 19 CFR requires the

filing of a nonconfidential copy of the document for

which confidential treatment is being sought, as

required in 19 CFR 201.8(d). Section 201.8(d) of 19

CFR requires the filing of ‘‘at least four’’

nonconfidential copies.

complaint by the complainant in the

original investigation or his successor in

interest, by the Office of Unfair Import

Investigations, or by the Commission

setting forth alleged violations of any

exclusion order, cease and desist order,

or consent order. If a proceeding is

instituted, the complaint shall be served

upon the alleged violator. Within 15

days after the date of service of such a

complaint, the named respondent shall

file a response to it. Responses shall

fully advise the Commission as to the

nature of any defense and shall admit or

deny each allegation of the complaint

specifically and in detail unless the

respondent is without knowledge, in

which case its answer shall so state and

the statement shall operate as a denial.

Allegations of fact not denied or

controverted may be deemed admitted.

Matters alleged as affirmative defenses

shall be separately stated and

numbered.

* * * * *

Issued: March 22, 1995.

By Order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–7567 Filed 3–28–95; 8:45 am]

BILLING CODE 7020–02–P

19 CFR Part 210

Filing of Complaints Alleging Unfair

Practices in Import Trade

AGENCY: International Trade

Commission.

ACTION: Proposed rulemaking and

request for comments.

SUMMARY: The Commission proposes to

amend the Commission’s final rules for

investigations and related proceedings

under section 337 of the Tariff Act of

1930 (19 U.S.C. 1337). The proposed

amendments require section 337

complainants to file equal numbers of

confidential and nonconfidential copies

of complaints and to file them on the

same date.

DATES: Comments on the proposed

amendments will be considered by the

Commission if received on or before

April 28, 1995.

ADDRESSES: A signed original and 18

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 Donna R. Koehnke,

Secretary, U.S. International Trade

Commission, 500 E Street SW., Room

112, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: P.N.

Smithey, Esq., Office of the General

Counsel, U.S. International Trade

Commission, telephone 202–205–3061.

Hearing-impaired individuals can

obtain information concerning the

proposed rulemaking by contacting the

Commission’s TDD terminal at 202–

205–1810.

SUPPLEMENTARY INFORMATION:

Background

On August 1, 1994, the Commission

published final rules for 19 CFR part

210.1 The current 10-day deadline under

final rule 210.4(f)(3)(i) for section 337

complainants to file nonconfidential

copies of their complaints after the

confidential version is filed has

generated concern on the part of law

firms and their clients (or potential

clients) that become aware that a section

337 complaint has been filed

(presumably via the Commission’s

petition and complaint line recording)

but are not able to examine immediately

a nonconfidential version of the

complaint. The Commission now

believes that there is no reason to apply

a 10-day delay to the filing of

nonconfidential copies of complaints,

since section 337 complainants

normally have ample time to prepare a

public version of their complaint and

should be able to file that version

simultaneously with the confidential

version. The Commission thus proposes

to amend the final rules to require

section 337 complainants to file equal

numbers of confidential and

nonconfidential copies of complaints

and to file them on the same date.

The proposed rule amendments set

forth in this notice are intended to

streamline administrative process by

improving the speed and efficiency of

the Commission’s distribution and

service of nonconfidential copies of

complaints. The Commission believes

that the proposed rule changes, if

promulgated, will achieve those

objectives by doing the following:

1. Eliminating the need for the Dockets

Branch of the Office of the Secretary to make

copies of the nonconfidential version of each

complaint in order to perform the required

distribution and service of nonconfidential

copies of the complaint;

2. Facilitating the ability of the Dockets

Branch to promptly distribute

nonconfidential copies of complaints to

interested persons and the Commission

immediately after the complaint is filed; and

3. Facilitating the ability of the Dockets

Branch to promptly serve nonconfidential

copies of each complaint on the respondents

and the appropriate embassies immediately

after the Commission votes to institute an

investigation in response to the complaint.

The public comments filed in

response to this notice will aid the

Commission in determining whether the

proposed rule amendments will achieve

the desired streamlining objectives.

Section-by-Section Analysis of the

Proposed Amendments

In order to effectuate the proposed

rule changes concerning the filing of

nonconfidential copies of complaints,

the Commission proposes to amend

final rules 210.4, 210.5, 210.8, and

210.52 in the manner described below.

Subpart A—Rules of General

Applicability

Final Rule 210.4

Paragraph (f)(3) of final rule 210.4

currently requires section 337

complainants to file nonconfidential

copies of their complaints 10 days after

the confidential version is filed. The

Commission proposes to amend

paragraph (f)(3) to require complainants

to file nonconfidential copies of their

complaints concurrently with the

confidential copies.

Final Rule 210.5

Paragraph (a) of final rule 210.5

currently states that, unless the

Commission or an administrative law

judge (ALJ) orders otherwise,

confidential business information shall

be submitted in accordance with 19 CFR

201.6(c), which requires that business

information for which the supplier

desires confidential treatment must be

clearly labelled ‘‘confidential business

information’’ when submitted and must

be segregated from other material being

submitted.

The Commission proposes to amend

paragraph (a) of final rule 210.5 to

provide that confidential business

information shall be submitted in

accordance with 19 CFR 201.6(b)

(instead of 19 CFR 201.6(c)), since 19

CFR 201.6(b) outlines the procedure for

submitting business information in

confidence. Paragraph (a) of final rule

210.5 also will be amended to provide

that in the case of a complaint and a

motion for temporary relief, the

requisite number of nonconfidential

copies is prescribed by final rule

210.8(a) (and not by 19 CFR 201.8(d)).2
16088 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

Final Rule 210.8

Paragraph (a) of final rule 210.8

discusses the number of copies of the

complaint and any motion for

temporary relief which each

complainant must file with the

Commission. The Commission proposes

to amend paragraph (a) to require the

complainant to file enough

nonconfidential copies for use by the

Commission and its staff, service by the

Commission on each proposed

respondent, and service by the

Commission on the government of the

country of each foreign respondent.

Subpart H—Temporary Relief

Final Rule 210.52

Paragraph (e) of final rule 210.52

identifies the rules to be followed if a

complaint, a motion for temporary

relief, or the documentation supporting

a motion for temporary relief contains

confidential business information as

defined in 19 CFR 201.6(a). The

Commission proposes to amend

paragraph (e) of final rule 210.52 to

include references to final rules 210.4(a)

and 210.8(a) (which the Commission

also proposes to amend).

PART 210—ADJUDICATIVE

PROCEDURES

1. The authority citation for part 210

will continue to read as follows:

Authority: 19 U.S.C. 1333, 1335, and 1337.

2. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (f)(3) of § 210.4 to read

as follows:

§ 210.4 Written submissions;

representations; sanctions.

* * * * *

(f) Specifications; filing of documents.

* * *

(3) (i) If a complaint, a motion for

temporary relief, or the documentation

supporting a motion for temporary relief

contains confidential business

information as defined in § 201.6(a) of

this chapter, the complainant shall file

nonconfidential copies of the complaint,

the motion for temporary relief, or the

documentation supporting the motion

for temporary relief concurrently with

the requisite confidential copies, as

provided in § 210.8(a) of this part.

(ii) Persons who file the following

submissions that contain confidential

business information covered by an

administrative protective order, or that

are the subject of a request for

confidential treatment, must file

nonconfidential copies and serve them

on the other parties to the investigation

or related proceeding within 10

calendar days after filing the

confidential version with the

Commission:

(A) A supplement to a complaint and

all exhibits thereto;

(B) A response to a complaint and all

supplements and exhibits thereto;

(C) All submissions relating to a

motion to amend the complaint or

notice of investigation; and

(D) All submissions addressed to the

Commission.

Other sections of this part may require,

or the Commission or the administrative

law judge may order, the filing and

service of nonconfidential copies of

other kinds of confidential submissions.

If the submitter’s ability to prepare a

nonconfidential copy is dependent

upon receipt of the nonconfidential

version of an initial determination, or a

Commission order or opinion, or a

ruling by the administrative law judge

or the Commission as to whether some

or all of the information at issue is

entitled to confidential treatment, the

nonconfidential copies of the

submission must be filed within 10

calendar days after service of the

Commission or administrative law judge

document in question. The time periods

for filing specified in this paragraph

apply unless the Commission, the

administrative law judge, or another

section of this part specifically provides

otherwise.

3. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (a) of § 210.5 to read as

follows:

§ 210.5 Confidential business information.

(a) Definition and submission.

Confidential business information shall

be defined and identified in accordance

with § 201.6(a) and (c) of this chapter.

Unless the Commission, the

administrative law judge, or another

section of this part states otherwise,

confidential business information shall

be submitted in accordance with

§ 201.6(b) of this chapter. In the case of

a complaint and a motion for temporary

relief filed under this part, the number

of nonconfidential copies shall be

prescribed by § 210.8(a) of this part.

* * * * *

4. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (a) of § 210.8 to read as

follows:

§ 210.8 Commencement of preinstitution

proceedings.

(a) Upon receipt of complaint. A

preinstitution proceeding is commenced

by filing with the Secretary a signed

original complaint and the requisite

number of true copies. The complainant

shall file 14 confidential copies of the

complaint, 14 nonconfidential copies,

plus one confidential copy and one

nonconfidential copy for each person

named in the complaint as violating

section 337 of the Tariff Act of 1930,

and one nonconfidential copy for the

government of each foreign country of

any person or persons so named. If the

complainant is seeking temporary relief,

the complainant must file 14

confidential copies of the motion, 14

nonconfidential copies, plus one

additional confidential copy and one

additional nonconfidential copy of the

motion for such relief for each proposed

respondent, and one nonconfidential

copy for the government of the foreign

country of the proposed respondent.

The additional copies of the complaint

and motion for temporary relief for each

proposed respondent and the

appropriate foreign government are to

be provided notwithstanding the

procedures applicable to a motion for

temporary relief, which require service

of the complaint and motion for

temporary relief by the complainant.

* * * * *

5. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (e) of § 210.52 to read

as follows:

§ 210.52 Motions for temporary relief.

* * * * *

(e) If the complaint, the motion for

temporary relief, or the documentation

supporting the motion for temporary

relief contains confidential business

information as defined in § 201.6(a) of

this chapter, the complainant must

follow the procedure outlined in

§§ 210.4(a), 210.5(a), 201.6(a) and (c),

210.8(a), and 210.55 of this part.

Issued: March 23, 1995.

By Order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–7648 Filed 3–28–95; 8:45 am]

BILLING CODE 7020–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Chapter I

[FRL–5174–3]

National Emission Standards for

Hazardous Air Pollutants Streamlined

Development: Announcement and

Request for Comments

AGENCY: Environmental Protection

Agency (EPA).