[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Proposed Rules]
[Pages 20709-20711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10346]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 201


Rules of General Application

AGENCY: International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission (Commission) 
proposes to amend its Rules of Practice and Procedure (Rules) to permit 
persons the option of filing certain documents with the Commission in 
electronic form instead of in paper form only, as currently required by 
the Rules. The Commission also proposes amending its Rules of Practice 
and Procedure to allow electronic service of documents in limited 
circumstances and to require persons to complete and submit a standard 
cover sheet when filing documents, either in paper form or in 
electronic form, with the Commission. The intended effect of these 
amendments is to provide a choice to persons who wish to file documents 
electronically and/or serve documents by electronic means on other 
parties.

DATES: To be assured of consideration, written comments must be 
received by 5:15 p.m. on June 25, 2002.

ADDRESSES: A signed original and 8 copies of each set of comments on 
these proposed amendments, along with a cover letter, should be 
submitted by mail or hand delivery to Marilyn R. Abbott, Secretary, 
United States International Trade Commission, 500 E Street, SW, Room 
112, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Irene H. Chen, Esq., Office of the 
General Counsel, United States International Trade Commission, 
telephone 202-205-3112. 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.usite.gov).

SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding these proposed amendments to the Commission 
Rules. The preamble begins with a discussion of the background leading 
up to these proposed amendments and ends with a regulatory analysis 
addressing government-wide statutes and issuances on rulemaking. The 
Commission encourages members of the public to comment--in addition to 
any other comments they wish to make on the proposed amendments--on 
whether the proposed amendments are in language that is sufficiently 
plain for users of the rules to understand.

Background

    The Government Paperwork Elimination Act (GPEA) (Pub. L. No. 105-
277, Div. C, Title XVII), enacted on October 21, 1998, provides for 
Federal agencies to permit individuals and/or entities the option of 
transacting business with the agency electronically and to maintain 
records electronically, when practicable, by October 21, 2003. GPEA 
also provides that electronic records and their related electronic 
signatures are not to be denied legal effect, validity, or 
enforceability merely because they are in electronic form. The 
Commission is authorized by section 335 of the Tariff Act of 1930 (19 
U.S.C. 1335) to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. Consistent with GPEA and the Tariff Act of 1930, this notice 
proposes two (2) amendments to section 201.8 of the Commission's Rules 
and one (1) amendment to section 201.16 of the Commission's Rules.
    The first proposed amendment to section 201.8 would allow persons 
appearing before the Commission the option of filing certain documents 
electronically at the Commission's Internet website in lieu of or in 
addition to filing such documents in paper form. By amending the Rules 
to allow for

[[Page 20710]]

electronic filing, the Commission does not intend to require persons to 
file documents with the Commission in electronic form; instead the 
Commission is offering persons the option of filing documents 
electronically.
    The second proposed amendment to section 201.8 would require 
persons to submit a cover sheet with their paper or electronic filing 
to enable the Commission to properly docket the filed document on its 
electronic document information system (EDIS-II). The cover sheet 
requests information such as the investigation number, document type, 
document title, identity of the filer, and the security of the document 
(public or confidential). When a document is entered into EDIS-II, 
certain information that describes the document also is entered. The 
proposed amendment is designed to streamline that process by requiring 
that all filers submit the cover sheet. The cover sheet will insure 
that the document is docketed and catalogued properly in EDIS-II.
    The proposed amendment to section 201.16 would permit persons the 
option of serving documents electronically on other parties in limited 
circumstances. Under proposed amendment, parties wishing to effect 
electronic service of documents must obtain the prior consent of the 
Secretary except in proceedings conducted under section 337 of the 
Tariff Act of 1930. In section 337 proceedings, parties must obtain the 
consent of the presiding administrative law judge before serving 
documents electronically on other parties. The Commission is not 
prepared at this time to permit electronic service in all instances. 
Instead, the Secretary or the administrative law judge will make a 
determination on whether to permit full or partial electronic service 
in a proceeding based on the circumstances of that case.
    Consistent with its normal practice, the Commission is promulgating 
this amendment in accordance with the rulemaking procedure in section 
553 of the Administrative Procedure Act (APA) (5 U.S.C. 553). This 
procedure consists of the following steps: (1) Publication of a notice 
of proposed rulemaking in the Federal Register; (2) solicitation of 
public comments on the proposed rules; (3) Commission review of such 
comments prior to developing final rules; and (4) publication of rules 
not less than thirty days prior to their effective date. See 5 U.S.C. 
553.

Regulatory Analysis

    The Commission has determined that these proposed rules do not meet 
the criteria described in Section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) and thus do not constitute a significant 
regulatory action for purposes of the Executive Order.
    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 proposed rulemaking is required under 5 U.S.C. 553(b) of the 
APA 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).
    These proposed rules do not contain federalism implications 
warranting the preparation of a federalism summary impact statement 
pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.) because the proposed 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 proposed rules are not major rules as defined by section 804 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 Contract With America Advancement Act of 1996 (Pub. 
L. 104-121) because they concern rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.

Proposed Information Collection

    With respect to the Commission's proposal to amend section 201.8 of 
the Rules to add paragraph (g), the proposed information collection is 
being conducted pursuant to the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13). Pursuant to the Office of Management and Budget's (OMB) 
regulations regarding information collection, the Commission has 
prepared a supporting statement to be submitted to the Office of 
Management and Budget concerning the information collected by the 
Commission on the cover sheet. The public is entitled to comment on 
this information collection after review of the cover sheet, which is 
published simultaneously with this notice. In your comments, please 
address any concerns regarding the proposed collection of information, 
including (1) whether it is necessary for the proper performance of the 
functions of the Commission; (2) whether the information will have 
practical utility; (3) whether the agency's estimate of the burden of 
the proposed collection of information is accurate, including the 
validity of the methodology and assumptions used; (4) how to enhance 
the quality, utility, and clarity of the information to be collected; 
and (5) how to 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. A sample of the proposed cover 
sheet is attached to this Notice. The collection of information 
contained in the proposed rule, and identified as such, have been 
submitted to OMB for review under section 3507(d) of the Paperwork 
Reduction Act. Members of the public are invited to submit comments to 
this proposed information collection both to the Commission and to OMB. 
A signed original and 8 copies of each set of comments on this proposed 
information collection, along with a cover letter, should be submitted 
by mail or hand delivery to Marilyn R. Abbott, Secretary, United States 
International Trade Commission, 500 E Street, SW, Room 112, Washington, 
DC 20436, and to the Office of Information and Regulatory Affairs of 
OMB, Attention: Desk Officer for International Trade Commission, Room 
10102, 725 17th Street NW, Washington, DC 20503 by 5:15 p.m. on June 
25, 2002. The Commission provides the following information regarding 
the proposed information collection:
    1. Title: EDIS-II cover sheet.
    2. Summary of the collection of information: Filers of documents in 
paper and electronic form will be required to submit a cover sheet that 
describes the filer and the document. EDIS-II will also involve 
registration of electronic filers, but that will only entail a filer 
providing name and contact information as well as agreeing to the terms 
of use of EDIS-II.
    3. Description of the Need for Information and Proposed User of the 
Information: The collection of information is necessary so that the 
Commission may catalog each filing as accurately and efficiency as 
possible. EDIS-II will be organized to permit users to locate documents 
depending on information on the cover sheet, including the type of 
investigation, investigation number, type of document, and identity of 
the filer.
    4. Description of Likely Respondents: Likely respondents are 
limited mostly to

[[Page 20711]]

those firms who regularly file documents at the Commission on behalf of 
parties to Commission investigations or questionnaire respondents. The 
estimated number of respondents is about 4,695 and the estimated 
frequency of response to the collection of information is either about 
47 times or one time per year, depending on the filer.
    5. Estimated Total Annual Reporting and Recordkeeping Burden: The 
estimated total annual reporting burden is about 1,153.3 hours. There 
is no recordkeeping burden.

Section-by-Section Analysis of the Proposed Amendments

PART 201--RULES OF GENERAL APPLICATION

Subpart B--Initiation and Conduct of Investigations

Section 201.8

    Section 201.8 currently provides that a signed original and 14 
copies of each document are to be filed with the Secretary of the 
Commission. The Commission proposes to add a new paragraph (f) to 
section 201.8 to permit persons the options of filing certain documents 
electronically at the Commission's Internet Web site without violating 
the relevant provisions of the Rules that govern paper filing of 
documents with the Commission.
    The Commission also proposes to add a new paragraph (g) to section 
201.8 to require that persons filing documents either in paper form or 
electronically must provide certain coding information to the 
Commission along with their filings.

Section 201.16

    Section 201.16 provides generally that documents required to be 
served by a person or by the Commission on another party shall be 
effected by mailing or delivering a copy of such documents to such 
party or its authorized representative or its attorney. The Commission 
proposes to add a new paragraph (e) to section 201.16 to permit persons 
the option of serving documents on other parties electronically, if the 
Secretary consents to such electronic service, except in proceedings 
under section 337 of the Tariff Act of 1930. In section 337 
proceedings, parties must obtain the prior permission of the presiding 
administrative law judge before serving documents electronically on 
other parties.

List of Subjects in 19 CFR Part 201

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

    For the reasons stated in the preamble, the Commission proposes to 
amend 19 CFR part 201 as follows:

PART 201--RULES OF GENERAL APPLICATION

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: Sec. 335 of the Tariff Act of 1930 (19 U.S.C. 1335), 
and sec. 603 of the Trade Act of 1974 (19 U.S.C. 2482), unless 
otherwise noted.

    2. Amend Sec. 201.8 to add paragraphs (f) and (g) to read as 
follows:


Sec. 201.8  Filing of documents.

* * * * *
    (f) Electronic filing. Notwithstanding the relevant provisions of 
Sec. Sec. 201.8, 201.12, 201.16, 207.3, 207.93, 210.4 and 210.7 of the 
Commission's Rules of Practice and Procedure (19 CFR 201.8, 201.12, 
201.16, 207.3 207.93, 210.4 and 210.7) governing the filing of 
documents in paper form with the Commission, a person may instead or in 
addition choose to file electronically certain documents at http://edis.usitc.gov. A person so choosing shall comply with the procedures 
set forth in the Commission's Handbook on Electronic Filing Procedures, 
which is available at the Office of the Secretary and at 
http://edis.usitc.gov. The Commission's Handbook on Electronic Filing 
Procedures will include a description of documents that are permitted 
to be filed with the Commission in electronic form.
    (g) Cover sheet. Documents filed in paper form with the office of 
the Secretary must be accompanied by a cover sheet in a form prescribed 
by the Secretary, completed in its entirety. The cover sheet may be 
obtained from the Secretary or printed-out at 
http://edis.usitc.gov. For documents that are filed electronically, the 
cover sheet for such filing must be completed on-line at http://edis.usitc.gov at the time of the electronic filing.
    3. Amend $201.16 to add paragraph (e) to read as follows:


Sec. 201.16  Service of process and other documents.

* * * * *
    (e) Electronic service. With the prior consent of the Secretary, 
parties may serve documents by electronic means in all matters before 
the Commission, except for proceedings conducted under section 337 of 
the Tariff Act of 1930. In the case of proceedings under section 337 of 
the Tariff Act of 1930, parties may serve documents by electronic means 
with the prior consent of the presiding administrative law judge. 
Parties may only effect electronic service on recipients who have 
provided written consent thereto to the Secretary or the presiding 
administrative law judge. If electronic service is permitted, 
paragraphs (a), (b) and (d) of this section shall not apply. However, 
any dispute that arises among aprties regarding electronic service must 
be resolved by the parties themselves, without the Commission/s 
involvement. A party may withdraw its consent to electronic service and 
require service under paragraphs (a) and (b) of this section

    Dated: April 23, 2002.

    By Order of the Commission:
Marilyn R. Abbott,
Secretary.
    The following atttachment will not appear in the Code of Federal 
Regulations.

ATTACHMENT: EDIS-II Cover Sheet

Filed by---------------------------------------------------------------
Firm/Organization------------------------------------------------------
Filed on Behalf of-----------------------------------------------------
Security---------------------------------------------------------------
Investigation #--------------------------------------------------------
Document Type----------------------------------------------------------
Document Title---------------------------------------------------------
Document Date----------------------------------------------------------
Add Attachments:-------------------------------------------------------
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[FR Doc. 02-10346 Filed 4-25-02; 8:45 am]
BILLING CODE 7020-02-M