[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Rules and Regulations]
[Pages 32217-32218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15164]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 206


Investigations Relating to Global and Bilateral Safeguard 
Actions, Market Disruption, and Review of Relief Actions

AGENCY: International Trade Commission.

ACTION: Interim rule with request for comments and opportunity for 
objection.

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SUMMARY: The United States International Trade Commission (Commission) 
is amending on an interim basis part 206 of its Rules of Practice and 
Procedure. The amendment will have the effect of providing for 
disclosure of confidential business information under administrative 
protective order in certain proceedings, and is prompted by a party 
request. The Commission requests comments on the interim amendment. The 
Commission also is providing parties to two currently-pending 
investigations the opportunity to object to application of the 
amendment to the investigation to which they are a party.

DATES: Effective Date: The interim amendment will take effect, as to 
both pending and new investigations, on June 14, 2001.
    Comment Date: Comments are due on or before 5:15 p.m. August 13, 
2001.
    Objection Date: Objections are due on or before 5:15 p.m. June 21, 
2001.

ADDRESSES: A signed original and 14 copies of each set of comments or 
objections should be mailed or hand delivered to Donna R. Koehnke, 
Secretary, United States International Trade Commission, 500 E. Street, 
SW., Room 112, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: William W. Gearhart, Esq., Office of 
the General Counsel, U.S. International Trade Commission (telephone 
202-205-3091). 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 (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: 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. Section 202 of the Trade Act of 1974 (19 
U.S.C. 2252) provides for the Commission to promulgate regulations 
concerning access to confidential business information (CBI) under 
administrative protective order (APO) in safeguard investigations. The 
interim amendment set out herein concerns rules of agency organization, 
procedure, and practice.
    A party to Inv. No. TA-204-6, Certain Steel Wire Rod, has requested 
disclosure of CBI under APO. The Commission's Rules of Practice and 
Procedure do not currently provide for such disclosure. The 
investigation is subject to statutory deadlines and is scheduled to be 
completed in a relatively short period of time. Consequently, the 
Commission cannot pursue the normal notice-and-comment rulemaking 
schedule called for in the Administrative Procedure Act, under 5 U.S.C. 
553, and has good cause for making its rule amendment effective on 
publication. Therefore, the Commission is amending its rules on an 
interim basis, effective on the date of publication of this notice.
    The Commission is amending section 206.52 of the Commission's Rules 
(19 CFR 206.52) to add a new paragraph (c) that corresponds to the 
existing paragraph (e) in section 206.54. This change will permit the 
disclosure of CBI under APO in monitoring proceedings addressed in 
section 206.52.
    Because of the emergency nature of the amendment, the Commission is 
providing each party to one of the two currently-pending 
investigations, Inv. No. TA-204-6, Certain Steel Wire Rod and Inv. No. 
TA-204-5, Circular Welded Carbon Quality Line Pipe, the opportunity to 
object to application of the amendment to the investigation to which it 
is a party. Any such objection must be filed no later than 7 calendar 
days after the date of publication of this notice.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the Commission certifies pursuant to 5 U.S.C. 605(b), that the 
amendment set forth in this notice will not, if promulgated, have a 
significant economic impact on a substantial number of small entities. 
The amendment will clarify current Commission procedures, and does not 
substantially increase the burden of appearing or practicing before the 
Commission.

Executive Order 12866

    The Commission has determined that the amendment does not meet the 
criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, October 4, 1993) (E.O.) and thus does not constitute a 
significant regulatory action for purposes of the E.O., since the 
revisions will not result in (1) an annual effect on the economy of 
$100 million or more, (2) a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions, or (3) significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic or foreign markets. Accordingly, no 
regulatory impact assessment is required.

Executive Order 13132

    The amendment does not contain federalism implications warranting 
the preparation of a Federalism Assessment pursuant to E.O. 13132 (64 
FR 43255, August 4, 1999).

Unfunded Mandates Reform Act of 1995

    The amendment 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

[[Page 32218]]

in any one year, and will not significantly or uniquely affect small 
governments. Therefore, no actions are deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 
et. seq.).

Small Business Regulatory Enforcement Fairness Act of 1996

    The amendment is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
801 et. seq.). The amendment will not result in an annual effect on the 
economy of $100,000,000 or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Contract With America Advancement Act of 1996

    The amendment is exempt from the reporting requirements of the 
Contract With America Advancement Act of 1996 (5 U.S.C. 801 et. seq.) 
because it concerns rules of agency organization, procedure, or 
practice that do not substantially affect the rights or obligations of 
non-agency parties.

Paperwork Reduction Act

    The amendment is not subject to the Paperwork Reduction Act (44 
U.S.C. 3501 et. seq.), since it does not contain any new information 
collection requirements.

List of Subjects in 19 CFR parts 206

    Administrative practice and procedure, Business and industry, 
Canada, Imports, Investigations, Mexico, Trade agreements.


    For the reasons stated in the preamble, the Commission amends 19 
CFR part 206 as follows:

PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL 
SAFEGUARDS ACTIONS, MARKET DISRUPTION, AND REVIEW OF RELIEF ACTIONS

    1. The authority citation for part 206 continues to read as 
follows:

    Authority: 19 U.S.C. 1335, 2251-2254, 3351-3382; secs. 103, 301-
302, Pub. L. 103-465, 108 Stat. 4809.

    2. Amend Sec. 206.52 to add a new paragraph (c) to read as follows:


Sec. 206.52  Monitoring.

* * * * *
    (c) Limited disclosure of certain confidential business information 
under administrative protective order. Upon receipt of a timely 
application filed by an authorized applicant, the Secretary shall make 
available to an authorized applicant under administrative protective 
order all confidential business information contained in Commission 
memoranda and reports and in written submissions filed with the 
Commission at any time during an investigation under this section with 
respect to an article that was the subject of an affirmative Commission 
determination under section 202 of the Trade Act (except privileged 
information, classified information, and specific information of a type 
which there is a clear and compelling need to withhold from 
disclosure). Such disclosure shall be made in the manner provided for 
and in accordance with the procedures set forth in Sec. 206.17. The 
provisions in paragraphs (d) and (e) of Sec. 206.17 relating to 
Commission responses to a breach of an administrative protective order 
and breach procedure shall apply with respect to orders issued under 
this paragraph.


    Issued: June 12, 2001.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-15164 Filed 6-13-01; 8:45 am]
BILLING CODE 7020-02-P