16082 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

administrative proceeding or civil

action.

(c) In the event that a majority of the

members of the board of directors are

named as respondents in an

administrative proceeding or civil

action and request indemnification, the

remaining members of the board may

authorize independent legal counsel to

review the indemnification request and

provide the remaining members of the

board with an opinion of counsel as to

whether the conditions delineated in

paragraph (a) of this section have been

met. If independent legal counsel opines

that said conditions have been met, the

remaining members of the board of

directors may rely on such opinion in

authorizing the requested

indemnification.

(d) In the event that all of the

members of the board of directors are

named as respondents in an

administrative proceeding or civil

action and request indemnification, the

board shall authorize independent legal

counsel to review the indemnification

request and provide the board with an

opinion of counsel as to whether the

conditions delineated in paragraph (a)

of this section have been met. If

independent legal counsel opines that

said conditions have been met, the

board of directors may rely on such

opinion in authorizing the requested

indemnification.

§ 359.6 Filing instructions.

Requests to make excess

nondiscriminatory severance plan

payments pursuant to § 359.1(f)(2)(v)

and golden parachute payments

permitted by § 359.4 shall be submitted

in writing to the FDIC regional director

(Supervision) for the region in which

the institution is located. The request

shall be in letter form and shall contain

all relevant factual information as well

as the reasons why such approval

should be granted. In the event that the

consent of the institution’s primary

federal regulator is required in addition

to that of the FDIC, the requesting party

shall submit a copy of its letter to the

FDIC to the institution’s primary federal

regulator. In the case of national banks,

such written requests shall be submitted

to the OCC district office where the

institution is located. In the case of state

member banks and bank holding

companies, such written requests shall

be submitted to the Federal Reserve

district bank where the institution or

holding company, respectively, is

located. In the case of savings

associations and savings association

holding companies, such written

requests shall be submitted to the OTS

regional office where the institution or

holding company, respectively, is

located. In cases where the prior

consent of only the institution’s primary

federal regulator is required and that

agency is not the FDIC, a written request

satisfying the requirements of this

paragraph shall be submitted to the

primary federal regulator as described in

this paragraph.

§ 359.7 Applicability in the event of

receivership.

The provisions of this part, or any

consent or approval granted hereunder

by the FDIC (in its corporate capacity),

shall not in any way bind any receiver

of a failed insured depository

institution. Any consent or approval

granted hereunder by the FDIC or any

other federal banking agency shall not

in any way obligate such agency or

receiver to pay any claim or obligation

pursuant to any golden parachute,

severance, indemnification or other

agreement. Claims for employee welfare

benefits or other benefits which are

contingent, even if otherwise vested,

when the FDIC is appointed as receiver

for any depository institution, including

any contingency for termination of

employment, are not provable claims or

actual, direct compensatory damage

claims against such receiver. Nothing in

this part may be construed to permit the

payment of salary or any liability or

legal expense of any IAP contrary to 12

U.S.C. 1828(k)(3).

By order of the Board of Directors, dated

at Washington, D.C., this 21st day of March,

1995.

Federal Deposit Insurance Corporation

Robert E. Feldman,

Acting Executive Secretary.

[FR Doc. 95–7603 Filed 3–28–95; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 944

[Docket No. 950222055–5055–01]

RIN 0648–AH92

Restricting or Prohibiting Attracting

Sharks by Chum or Other Means in the

Monterey Bay National Marine

Sanctuary

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Extension of comment period.

SUMMARY: The National Oceanic and

Atmospheric Administration’s

Sanctuaries and Reserves Division

(SRD) is considering amending the

regulations for the Monterey Bay

National Marine Sanctuary (MBNMS or

Sanctuary) to restrict or prohibit the

attracting of sharks by the use of chum

or other means in the MBNMS. An

advance notice of proposed rulemaking

published February 28, 1995 (60 FR

10812) discusses the reasons SRD is

considering restricting or prohibiting

this activity in the MBNMS. A thirty

day comment period was to close on

March 30, 1995. This notice extends the

comment period by fifteen days.

DATES: Comments must be received by

April 14, 1995.

ADDRESSES: Comments should be sent to

Elizabeth Moore, Sanctuaries and

Reserves Division, National Oceanic and

Atmospheric Administration, 1305 East

West Highway, SSMC4 12th Floor,

Silver Spring, Maryland, 20910.

Comments will be available for public

inspection at the same address and at

the Monterey Bay National Marine

Sanctuary office at 299 Foam Street,

Suite D, Monterey, California, 93940.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Moore at (301) 713–3141 or

Aaron King at (408) 647–4257 or at

mbmns@igc.apc.org.

Federal Domestic Assistance Catalog Number

11.429 Marine Sanctuary Program.

Dated: March 21, 1995.

Frank Maloney,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 95–7606 Filed 3–28–95; 8:45 am]

BILLING CODE 3510–08–M

INTERNATIONAL TRADE

COMMISSION

19 CFR Part 210

Notice of Proposed Rulemaking

Concerning Federal Register Notices

and Service of Documents on Other

Agencies

AGENCY: International Trade

Commission.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Commission proposes to

amend certain final rules for

investigations and related proceedings

under section 337 of the Tariff Act of

1930 (19 U.S.C. 1337) to do the

following: eliminate the Federal

Register publication requirement for
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16083

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

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

2 Interim amendments to the final rules were

published at 59 FR 67622 (Dec. 30, 1994). Those

amendments apply to all section 337 complaints

filed on or after January 1, 1995.

certain notices that are not required by

law; and reduce the number of

documents that are served on other

Federal agencies pursuant to section

337(b)(2).

DATES: Comments on the proposed

amendments to the final rules will be

considered if received on or before May

30, 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 to eventually replace the interim

rules currently found in 19 CFR parts

210 and 211.1 The interim rules in 19

CFR Parts 210 and 211 (1994) apply to

all pending investigations and related

proceedings that were instituted before

September 1, 1994. The final rules,

which went into effect on Aug. 31, 1994,

and will be codified in 19 CFR Part 210

in 1995, apply to all investigations and

related proceedings instituted on or

after September 1, 1994.2

The interim and final Commission

rules governing investigations and

related proceedings under section 337

require the Commission to serve various

documents on other Federal agencies

and to publish a notice in the Federal

Register when certain events occur. The

Commission Inspector General’s (IG’s)

Audit Report No. IG–03–94, Review of

Ways to Increase the Economy and

Efficiency of the Process for Conducting

Section 337 Investigations (Aug. 19,

1994), criticized those practices.

The IG recommended that the

Commission cease publication of

Federal Register notices that are not

required by law. She suggested that the

following factors supported such action:

(1) The publication fees are not

nominal; (2) significant amounts of staff

time and resources are consumed in the

preparation of notices for publication;

(3) the parties to an investigation are

served with copies of all notices issued

in the investigation and thus do not

have to rely on the Federal Register;

and (4) interested persons who are not

parties can obtain copies of Commission

notices from sources other than the

Federal Register. The Commission

agreed that it should cease the

publication of some, but not all, Federal

Register notices that are not required by

law.

The IG also recommended that the

Commission cease the current practice

of routinely serving various section 337

documents on other agencies, which

practice was initiated in order to

comply with the section 337(b)(2)

provision requiring the Commission to

consult with and to seek advice and

information from other agencies. The IG

noted that other agencies rarely

commented and often did not review

the section 337 documents that were

served.

The Commission agreed with the IG’s

conclusion that the Commission rules

should be amended to eliminate the

requirement that various documents be

served on other agencies and that the

Commission’s present system of

complying with the statutory mandate

to consult with such agencies needs

improvement.

On behalf of the Commission, the

Chairman issued administrative orders

implementing the proposed changes by

suspending the relevant interim and

final rules on an interim basis. See

Administrative Orders 95–09 (Mar 1,

1995), 95–10 (Mar. 1, 1995), 95–11 (Mar.

21, 1995), and 95–12 (Mar. 21, 1995).

The Commission also decided to

publish proposed amendments to the

final rules to eliminate the Federal

Register publication requirement for

some, but not all, notices that are not

required by statute. The specific

amendments that the Commission is

contemplating are discussed below.

Final Rule 210.7

Final rule 210.7 is currently entitled

‘‘Service of process and other

documents.’’ The Commission proposes

to amend that rule by retitling it

‘‘Service of process and other

documents; publication of notices’’ and

by adding provisions concerning the

publication of Federal Register notices.

The Commission thought it best to add

the new publication provisions to an

existing rule rather than creating a new

rule, in order to avoid having to

renumber the existing rules.

The Commission proposes to amend

the text of final rule 210.7 by

designating the current text as

paragraph (a) of the amended rule and

then adding a new paragraph (b) which

provides that notices will be published

in the Federal Register only when such

publication is required—

1. By a rule in 19 CFR Chapter II of the

Commission’s rules of Practice and

Procedure (which includes the rules of

general application in Part 201 as well as the

rules in Part 210); or

2. By order of an ALJ or the Commission

(notwithstanding the absence of a rule

specifically authorizing publication of the

notice in question); or

3. Because an ALJ or the Commission has

determined to amend or supplement a

previously published notice.

Section 337 notices are available for

public inspection in the Office of the

Secretary. They will also be made

available on WESTLAW and LEXIS. The

Commission also is exploring the

possibility of making its section 337

notices available on the Internet.

Final Rule 210.11

Paragraph (a) of final rule 210.11

governs service of documents by the

Commission Secretary when the

Commission institutes a section 337

investigation. Paragraph (a) currently

requires the Secretary to serve

nonconfidential copies of the following

documents on other Federal agencies:

(1) The complaint; (2) the notice of

investigation; and (3) the motion for

temporary relief (if any).

The Commission proposes to amend

paragraph (a) to eliminate the

requirement that copies of the

complaint and motion for temporary

relief must be served on other agencies.

Copies of those submissions will be

made available to the other agencies

upon request. The amended paragraph

(a) will be will designated paragraph

(a)(1) of the amended rule 210.11 and

will contain no reference to service of

documents on other agencies. The

Commission proposes to create a new

paragraph (a)(2) stating that the

Commission will serve copies of the

notice of investigation on other Federal

agencies.

Final Rule 210.21

Paragraph (b)(2) of final rule 210.21

discusses the action to be taken when an

administrative law judge (ALJ) certifies

to the Commission an initial

determination (ID) granting a motion for

termination of an investigation in whole

or part on the basis of a licensing,

settlement, or other agreement. The

Commission proposes to amend this

rule by eliminating the requirement that
16084 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

a notice soliciting public comments on

the ID is to be published in the Federal

Register. Paragraph (b)(2) will also be

amended to provide that if the

Commission’s final disposition of the ID

results in termination of the

investigation in its entirety, a notice will

be published in the Federal Register.

Finally, paragraph (b)(2) will be

amended to state that notice of the ID

will be given to the other Federal

agencies and departments. The cover

letter accompanying the notice will:

1. Identify the parties and products

involved (to the extent that information does

not appear in the notice);

2. Offer to provide the nonconfidential

version of the ID upon request; and

3. List an appropriate person to contact for

further information.

If the Commission ultimately

determines to make its IDs and other

section 337 documents available on the

Internet, all cover letters also will

explain how the ID and other

documents can be accessed on the

Internet.

Paragraph (c)(2) of final rule 210.21

discusses the final disposition of an ID

granting a motion for termination of an

investigation in whole or part on the

basis of a consent order. Paragraph

(c)(2)(i) of that rule will be amended to

omit the requirement that copies of an

ID are to be served on other Federal

agencies. The amended paragraph will

provide that notice of the ID will be

given to the other agencies. (The notice

will be accompanied by a cover letter of

the sort described above in connection

with notice of an ID granting

termination on the basis of a settlement,

licensing, or other agreement.)

The Commission proposes to amend

paragraph (c)(2)(ii) by eliminating the

requirement that notice of the

Commission’s final disposition of the ID

granting a motion for termination on the

basis of a consent order is to be

published in the Federal Register.

Instead, the amended rule will state that

a notice will be published only if the

final disposition of the ID results in

termination of the investigation in its

entirety. A Federal Register notice will

not be published if the disposition

terminates the investigation only in part

(i.e., as to one or more, but not all,

respondents).

Paragraph (d) of final rule 210.21 was

added by the December 30, 1994,

interim amendments to Part 210 to

implement the Uruguay Round

Agreements Act. Paragraph (d) discusses

the final disposition of an ID granting a

motion for termination of an

investigation in whole or part on the

basis of an arbitration agreement. The

Commission proposes to amend

paragraph (d) by eliminating the

requirement that notice of the

Commission’s final disposition of the ID

granting a motion for termination on the

basis of an arbitration agreement is to be

published in the Federal Register.

Instead, the amended rule will state that

a notice will be published only if the

final disposition of the ID results in

termination of the investigation in its

entirety.

Final Rule 210.41

Final rule 210.41, as amended on

December 30, 1994, currently states that,

except as provided in the rules

governing terminations on the basis of a

consent order, settlement, licensing,

arbitration or other agreement, an order

of termination issued by the

Commission shall constitute a

determination of the Commission. The

Commission proposes to further amend

final rule 210.41 by adding a sentence

stating that the Commission shall

publish in the Federal Register notice of

each Commission order that terminates

an investigation in its entirety.

Final Rule 210.42

Paragraph (e) of final rule 210.42

indicates that nonconfidential copies of

all IDs on matters other than temporary

relief will be served on other Federal

agencies. The Commission proposes to

amend paragraph (e) to provide that

notice of IDs granting motions for

termination of an investigation in whole

or part on the basis of a consent order

or a licensing, settlement, or other

agreement—and notice of such other IDs

as the Commission may order—will be

provided to the customary Federal

agencies (in the manner described above

in connection with paragraphs (b)(2)

and (c)(2)(i) of final rule 210.21

concerning notices of IDs granting

termination on the basis of a consent

order or a licensing, settlement, or other

agreement).

Paragraph (i) of final rule 210.42

currently states that notice of the

Commission’s decision to review an ID

will be published in the Federal

Register. The Commission proposes to

amend that paragraph by deleting the

publication requirement and replacing it

with a statement that if the

Commission’s decision terminates the

investigation in its entirety, a notice will

be published in the Federal Register.

Final Rule 210.43

Paragraph (d)(3) of final rule 210.43

currently states that notice of the

Commission’s decision to grant a

petition for review of an ID on a matter

other than temporary relief will be

served on other Federal agencies. The

Commission proposes to amend

paragraph (d)(3) to state that such a

notice will be served on the other

agencies only if the notice also solicits

written submissions from interested

persons on the issues of remedy, the

public interest, and bonding by

respondents.

Final Rule 210.45

Paragraph (c) of final rule 210.45

currently describes the action that the

Commission may take upon review of

an ID on a matter other than temporary

relief. The Commission proposes to

amend paragraph (c) to provide that if

the Commission’s determination on

review terminates the investigation in

its entirety, a notice will be published

in the Federal Register.

Final Rule 210.66

Paragraph (d) of final rule 210.66

states that copies of the nonconfidential

version of each ID on temporary relief

will be served on other Federal

agencies. The Commission proposes to

amend paragraph (d) to state that notice

of the ID will be provided to the other

agencies (in the manner described above

in connection with final rule 210.21

concerning notice of IDs granting

termination on the basis of a consent

order or a licensing, settlement, or other

agreement).

Paragraph (f) of final rule 210.66

currently states that notice of the

Commission’s final disposition of a

temporary relief ID will be published in

the Federal Register. The Commission

proposes to amend paragraph (f) to state

that notice of the determination will be

published in the Federal Register only

if the Commission’s disposition of the

ID has resulted in a determination that

there is reason to believe that section

337 has been violated and a temporary

remedial order is to be issued. (Section

337(j)(1) requires that a notice be

published in those circumstances.)

Final Rule 210.74

Paragraph (b) of final rule 210.74

describes the procedure for Commission

modification of the reporting

requirements of consent orders. The

Commission proposes to amend

paragraph (b) to provide that notice of

any proposed change will be published

in the Federal Register only if the

Commission determines to solicit public

comment on the proposed change.

Final Rule 210.75

Paragraph (b) of final rule 210.75

describes the Commission action to be

taken following receipt of a petition for

modification or rescission of a remedial

order, a consent order, or another
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16085

Commission order. The Commission

proposes to amend paragraph (b) by

removing the requirement that notice of

the institution of such proceedings be

published in the Federal Register.

If the Commission decides to proceed

with this rulemaking after reviewing the

comments filed in response to this

notice, the proposed rule amendments

will be promulgated in accordance with

the Administrative Procedure Act (5

U.S.C. 553), and will be codified in 19

CFR part 210. If and when the final

rules are amended, the Commission will

also revoke appropriate provisions of

the interim rules.

List of Subjects in 19 CFR Part 210

Administrative practice and

procedure, Advisory opinions, Business

and industry, Customs duties and

inspection, Imports, Investigations.

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 § 210.7 to read as follows:

§ 210.7 Service of process and other

documents; publication of notices.

(a) Manner of service. The service of

process and all documents issued by or

on behalf of the Commission or the

administrative law judge—and the

service of all documents issued by

parties under §§ 210.27 through 210.34

of this part—shall be in accordance with

§ 201.16 of this chapter, unless the

Commission, the administrative law

judge, or another section of this part

specifically provides otherwise.

(b) Publication of notices. (1) Notice

of action by the Commission or an

administrative law judge will be

published in the Federal Register only

as specifically provided in paragraph

(b)(2) of this section, by another section

in this chapter, or by order of an

administrative law judge or the

Commission.

(2) When an administrative law judge

or the Commission determines to amend

or supplement a notice published in

accordance with paragraph (b)(1) of this

section, notice of the amendment will

be published in the Federal Register.

3. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (a) of § 210.11 to read

as follows:

§ 210.11 Service of complaint and notice

of investigation.

(a)(1) Notwithstanding the provisions

of § 210.54 requiring service of the

complaint by the complainant, the

Commission, upon institution of an

investigation, shall serve copies of the

complaint and the notice of

investigation (and any accompanying

motion for temporary relief) upon each

respondent and the embassy in

Washington, DC of the government of

each foreign country represented by

each respondent. All respondents

named after an investigation has been

instituted and the governments of the

foreign countries they represent shall be

served as soon as possible after the

respondents are named.

(2) The Commission shall serve copies

of the notice of investigation upon the

U.S. Department of Health and Human

Services, the U.S. Department of Justice,

the Federal Trade Commission, the U.S.

Customs Service, and such other

agencies and departments as the

Commission considers appropriate.

* * * * *

4. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraphs (b)(2), (c)(2)(i),

(c)(2)(ii), and (d) of § 210.21 to read as

follows:

§ 210.21 Termination of investigations.

* * * * *

(b) Termination by settlement. * * *

(2) The motion and agreement(s) shall

be certified by the administrative law

judge to the Commission with an initial

determination if the motion for

termination is granted. If the licensing

or other agreement or the initial

determination contains confidential

business information, copies of the

agreement and initial determination

with confidential business information

deleted shall be certified to the

Commission simultaneously with the

confidential versions of such

documents. Notice of the initial

determination and the agreement shall

be provided to the U.S. Department of

Health and Human Services, the U.S.

Department of Justice, the Federal Trade

Commission, the U.S. Customs Service,

and such other departments and

agencies as the Commission deems

appropriate. If the Commission’s final

disposition of the initial determination

results in termination of the

investigation in its entirety, a notice will

be published in the Federal Register.

An order of termination by settlement

need not constitute a determination as

to violation of section 337 of the Tariff

Act of 1930.

(c) Termination by entry of consent

order. * * *

(2) Commission disposition of consent

order. (i) If an initial determination

granting the motion for termination

based on a consent order stipulation is

filed with the Commission, notice of the

initial determination and the consent

order stipulation shall be provided to

the U.S. Department of Health and

Human Services, the U.S. Department of

Justice, the Federal Trade Commission,

the U.S. Customs Service, and such

other departments and agencies as the

Commission deems appropriate.

(ii) The Commission, after considering

the effect of the settlement by consent

order upon the public health and

welfare, competitive conditions in the

U.S. economy, the production of like or

directly competitive articles in the

United States, and U.S. consumers, shall

dispose of the initial determination

according to the procedures of §§ 210.42

through 210.45. If the Commission’s

final disposition of the initial

determination results in termination of

the investigation in its entirety, a notice

will be published in the Federal

Register. An order of termination by

consent order need not constitute a

determination as to violation of section

337. Should the Commission reverse the

initial determination, the parties are in

no way bound by their proposal in later

actions before the Commission.

* * * * *

(d) Termination based upon

arbitration agreement. Upon filing of a

motion for termination with the

administrative law judge or the

Commission, a section 337 investigation

may be terminated as to one or more

respondents pursuant to section 337(c)

of the Tariff Act of 1930 on the basis of

an agreement between complainant and

one or more of the respondents to

present the matter for arbitration. The

motion and a copy of the arbitration

agreement shall be certified by the

administrative law judge to the

Commission with an initial

determination if the motion for

termination is granted. If the agreement

or the initial determination contains

confidential business information,

copies of the agreement and initial

determination with confidential

business information deleted shall be

certified to the Commission with the

confidential versions of such

documents. A notice will be published

in the Federal Register if the

Commission’s final disposition of the

initial determination results in

termination of the investigation in its

entirety. An order of termination based

on an arbitration agreement does not

constitute a determination as to

violation of section 337 of the Tariff Act

of 1930.

* * * * *
16086 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

5. For the reasons set forth in the

preamble, the Commission proposes to

revise § 210.41 to read as follows:

§ 210.41 Termination of investigation.

Except as provided in § 210.21(b)(2),

(c), and (d), an order of termination

issued by the Commission shall

constitute a determination of the

Commission under § 210.45(c). The

Commission shall publish in the

Federal Register notice of each

Commission order that terminates an

investigation in its entirety.

6. For the reasons set forth in the

preamble, the Commission proposes to

amend paragraphs (e) and (i) of § 210.42

to read as follows:

§ 210.42 Initial determinations.

* * * * *

(e) Notice to and advice from other

departments and agencies. Notice of

each initial determination granting a

motion for termination of an

investigation in whole or part on the

basis of a consent order or a settlement,

licensing, or other agreement pursuant

to § 210.21 of this part, and notice of

such other initial determinations as the

Commission may order, shall be

provided to the U.S. Department of

Health and Human Services, the U.S.

Department of Justice, the Federal Trade

Commission, the U.S. Customs Service,

and such other departments and

agencies as the Commission deems

appropriate. The Commission shall

consider comments, limited to issues

raised by the record, the initial

determination, and the petitions for

review, received from such agencies

when deciding whether to initiate

review or the scope of review. The

Commission shall allow such agencies

10 days after the service of an initial

determination to submit their

comments.

* * * * *

(i) Notice of determination. A notice

stating the Commission’s decision on

whether to review an initial

determination will be issued by the

Secretary and served on the parties.

Notice of the Commission’s decision

will be published in the Federal

Register if the decision results in

termination of the investigation in its

entirety.

7. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (d)(3) of § 210.43 to

read as follows:

§ 210.43 Petitions for review of initial

determinations on matters other than

temporary relief.

* * * * *

(d) * * *

(3) The Commission shall grant a

petition for review and order review of

an initial determination or certain issues

therein when at least one of the

participating Commissioners votes for

ordering review. In its notice, the

Commission shall establish the scope of

the review and the issues that will be

considered and make provisions for

filing of briefs and oral argument if

deemed appropriate by the Commission.

If the notice solicits written submissions

from interested persons on the issues of

remedy, the public interest, and

bonding in addition to announcing the

Commission’s decision to grant a

petition for review of the ID, the notice

shall be served by the Secretary on all

parties, the U.S. Department of Health

and Human Services, the U.S.

Department of Justice, the Federal Trade

Commission, the U.S. Customs Service,

and such other departments and

agencies as the Commission deems

appropriate.

8. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (c) of § 210.45 to read

as follows:

§ 210.45 Review of initial determinations

on matters other than temporary relief.

* * * * *

(c) Determination on review. On

review, the Commission may affirm,

reverse, modify, set aside or remand for

further proceedings, in whole or in part,

the initial determination of the

administrative law judge. The

Commission also may make any

findings or conclusions that in its

judgment are proper based on the record

in the proceeding. If the Commission’s

determination on review terminates the

investigation in its entirety, a notice will

be published in the Federal Register.

9. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraphs (d) and (f) of § 210.66

to read as follows:

§ 210.66 Initial determination concerning

temporary relief; Commission action

thereon.

* * * * *

(d) Notice of the initial determination

shall be served on the other agencies

listed in § 210.50(a)(2). Those agencies

will be given 10 calendar days from the

date of service of the notice to file

comments on the initial determination.

* * * * *

(f) If the Commission determines to

modify, reverse, or set aside the initial

determination, the Commission will

issue a notice and, if appropriate, a

Commission opinion. If the Commission

does not modify, reverse, or set aside

the administrative law judge’s initial

determination within the time provided

under paragraph (b) of this section, the

initial determination will automatically

become the determination of the

Commission. Notice of the

Commission’s determination concerning

the initial determination will be issued

on the statutory deadline for

determining whether to grant temporary

relief, or as soon as possible thereafter,

and will be served on the parties. Notice

of the determination will be published

in the Federal Register if the

Commission’s disposition of the ID has

resulted in a determination that there is

reason to believe that section 337 has

been violated and a temporary remedial

order is to be issued. If the Commission

determines (either by reversing or

modifying the administrative law

judge’s initial determination, or by

adopting the initial determination) that

the complainant must post a bond as a

prerequisite to the issuance of

temporary relief, the Commission may

issue a supplemental notice setting forth

conditions for the bond if any (in

addition to those outlined in the initial

determination) and the deadline for

filing the bond with the Commission.

10. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (b) of § 210.74 to read

as follows:

§ 210.74 Modification of reporting

requirements.

* * * * *

(b) Consent orders. Consistent with

the standards set forth in paragraph (a)

of this section, the Commission may

modify reporting requirements of

consent orders. The Commission shall

serve notice of any proposed change,

together with the reporting requirements

to be modified and the reasons therefor,

on each party subject to the consent

order. Such parties shall be given the

opportunity to submit briefs to the

Commission, and the Commission may

hold a hearing on the matter. Notice of

any proposed change in the reporting

requirements will be published in the

Federal Register if the Commission

determines to solicit public comment on

the proposed change.

11. For the reasons set forth in the

preamble, the Commission proposes to

revise paragraph (b)(1) of § 210.75 to

read as follows:

§ 210.75 Proceedings to enforce exclusion

orders, cease and desist orders, consent

orders, and other Commission orders.

* * * * *

(b) Formal enforcement proceedings.

(1) The Commission may institute an

enforcement proceeding at the

Commission level upon the filing of a
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