[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Rules and Regulations]
[Pages 65164-65168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28879]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 206


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

AGENCY: International Trade Commission.

ACTION: Interim rules with request for comments.

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SUMMARY: The United States International Trade Commission (Commission) 
amends its interim Rules of Practice and Procedure for investigations 
relating to alleged market disruption from imports from China. These 
amendments are necessary to respond to exigencies created by statutory 
time constraints and to address concerns created by the existing rules. 
The intended effect of the amendments is to resolve concerns created by 
the existing rules, codify actual Commission practice, and provide 
consistency in and greater transparency regarding the subject 
Commission investigations.

DATES: Effective Date: These amendments are effective as of November 
19, 2003, but do not apply to petitions filed on or before the 
effective date or to investigations in progress as of the effective 
date.
    Comment Date: The deadline for filing written comments on the 
amendments is 5:15 p.m. on January 20, 2004. The comments must arrive 
at the address listed below by that deadline in order to receive 
consideration by the Commission and its staff. See sections 201.3 and 
201.8 of the Commission's Rules of Practice and Procedure (19 CFR 201.3 
and 201.8).

ADDRESSES: A signed original and 3 copies of each set of comments on 
these amendments to the Commission's rules, 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. Comments may be submitted 
electronically to the extent provided by section 201.8 of the 
Commission's rules, as amended at 67 FR 68063 (Nov. 8, 2002) and 68 FR 
32971 (June 4, 2003).

FOR FURTHER INFORMATION CONTACT: William W. Gearhart, Esq., Office of 
the General Counsel, United States International Trade Commission, 
telephone 202-205-3091. Hearing-impaired persons 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 also may be obtained by accessing its 
Internet server, http://www.usitc.gov.

SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding the interim amendments the Commission is 
making to its Rules of Practice and Procedure in part 206. The preamble 
begins with a discussion of the background of the rulemaking, then 
explains why an interim rulemaking procedure was adopted, provides a 
section-by-section analysis of the interim 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 regarding 
the amendments--on whether the amendments are in language that is 
sufficiently plain for users of the rules to understand.

Background

    Section 421(b) of the Trade Act of 1974, as amended, requires the 
Commission to investigate, in specified circumstances, ``to determine 
whether products of the People's Republic of China are being imported 
into the United States in such increased quantities or under such 
conditions as to cause or threaten to cause market disruption to the 
domestic producers of like or directly competitive products.'' The 
circumstances that mandate the initiation of an investigation include 
the filing of a petition by an entity, including a trade association, 
firm, certified or recognized union, or group of workers, which is 
representative of an industry.
    Public Law 106-286, 114 Stat. 880, which added section 421 to the 
Trade Act, was signed by the President on October 10, 2000. The 
Commission promulgated interim rules for petitions and investigations 
under section 421, which are set forth in part 206, subparts A and E, 
of the Commission's Rules of Practice and Procedure. See 67 FR 8183

[[Page 65165]]

(Feb. 22, 2002) and 67 FR 38614 (June 5, 2002).
    The Commission has completed three such investigations to date. See 
68 FR 48938 (Aug. 15, 2003), 68 FR 8926 (Feb. 26, 2003), and 67 FR 
69557 (Nov. 18, 2002). A fourth investigation is in progress. See 68 FR 
54010 (Sept. 15, 2003). Each investigation was initiated in response to 
a petition. The Commission's experiences with those petitions and 
investigations have led it to conclude that provisions of the interim 
rules should be revised without delay.

The Procedure for Adopting the Interim Amendments

    The Commission ordinarily promulgates amendments to the Code of 
Federal Regulations in accordance with the rulemaking procedure in 
section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553). 
That procedure entails publishing a notice of proposed rulemaking in 
the Federal Register that solicits public comment on the proposed 
amendments, considering the public comments in deciding on the final 
content of the amendments, and publishing the final amendments at least 
30 days prior to their effective date. In this instance, however, the 
Commission is amending its rules in 19 CFR part 206 on an interim 
basis, effective upon publication of this notice in the Federal 
Register.
    The Commission's authority to adopt interim amendments without 
following all steps listed in section 553 of the APA is derived from 
section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) and section 553 
of the APA.
    Section 335 of the Tariff Act authorizes the Commission to adopt 
such reasonable procedures, rules, and regulations as it deems 
necessary to carry out its functions and duties. The Commission has 
determined that the need for interim rulemaking is clear in this 
instance. Section 421 of the Trade Act requires the Commission to 
evaluate the petition, institute the requested investigation, conduct a 
hearing, compile an investigative record, and make the required 
determination(s) in each investigation ``at the earliest practicable 
time'' but no later than the prescribed deadline. Rulemaking is 
essential for orderly administration and compliance with the duties, 
responsibilities, and deadlines imposed by section 421.
    Section 553(b) of the APA allows an agency to dispense with 
publication of a notice of proposed rulemaking when the following 
circumstances exist: (1) The rules in question are interpretive rules, 
general statements of policy, or rules of agency organization, 
procedure or practice; or (2) the agency for good cause finds that 
notice and public comment on the rules are impracticable, unnecessary, 
or contrary to the public interest, and the agency incorporates that 
finding and the reasons therefor into the rules adopted by the agency.
    In this instance, the Commission has determined that the requisite 
circumstances exist for dispensing with the notice, comment, and 
advance publication procedure that ordinarily precedes the adoption of 
Commission rules. For purposes of invoking the section 553(b) exemption 
from publishing a notice of proposed rulemaking that solicits public 
comment, the Commission finds that the interim amendments to part 206 
are ``agency rules of procedure and practice.''
    In light of the statutory time constraints for an investigation 
under section 421(b), the petitioner and the petition must serve as 
primary sources of information in each investigation based on a 
petition. The current rules do not require the petition to provide 
certain information that is critical for the commencement of key 
investigative activity such as the preparation and issuance of 
Commission questionnaires and the verification of allegations set forth 
in the petition. As a result, the issuance of questionnaires and the 
verification process have been delayed and petitioners have been forced 
to compile and provide the necessary information on an expedited basis 
after the petition was filed and the statutory period for completing 
the investigation had begun to run.
    Experience also has shown that there is a need for greater clarity 
regarding (1) the petitioner's service of public and/or nonconfidential 
copies of the petition on other parties to the investigation, (2) 
limitations on the content of written comments filed by parties 
following submission of their post-hearing briefs, and (3) the closing 
of the investigative record.
    The facts and circumstances described above make it necessary for 
the Commission to amend the existing rules without delay. Hence, it 
would be impracticable for the Commission to publish a notice of 
proposed rulemaking, and to consider any comments received in response 
to the notice, prior to making the necessary rule changes.
    Section 553(d)(3) of the APA allows an agency to dispense with the 
publication of notice of final rules at least thirty days prior to 
their effective date if the agency finds that good cause exists for not 
meeting the advance publication requirement and the agency publishes 
that finding along with the rules. The Commission finds that the facts 
and circumstances described above also constitute good cause for the 
purpose of invoking that exemption.
    The Commission recognizes that interim amendments to the rules 
should not respond to anything more than the exigencies created by the 
aforesaid facts and circumstances. Each amendment set forth in this 
notice accordingly does one or more of the following: (1) Addresses a 
concern regarding the existing rule specifying the required content of 
a petition under section 421(b) of the Trade Act; (2) provides clarity 
about the petitioner's obligation to serve copies of the petition on 
other parties to the investigation, the appropriate content of written 
comments filed after submission of the post-hearing briefs, and the 
closing of the investigative record; or (3) resolves a matter not 
adequately addressed in the current rules, such as the deadline for the 
petitioner to serve copies of the petition on other parties to the 
investigation following notification by the Secretary to the Commission 
of acceptance of an administrative protective order application or 
issuance of a service list and amendment thereto.
    The Commission will replace the interim rules in part 206 with 
final rules promulgated in accordance with the notice, comment, and 
advance publication procedure prescribed in section 553 of the APA 
after taking into account (1) all comments received in response to the 
interim rules as originally adopted (see 67 FR 8183), (2) any comments 
received in response to the amendments set forth in this notice, and 
(3) the experience acquired in all investigations under section 421(b) 
that are conducted prior to commencement of the APA procedure for final 
rulemaking.

Section-by-Section Analysis of the Interim Amendments

Section 206.44

    Paragraphs (a)-(i) of section 206.44 list the required content of a 
petition for an investigation under section 421(b)(1) of the Act. The 
Commission amends section 206.44 by making substantive and/or technical 
revisions to existing paragraphs (a), (c), (j), and (i) and adding a 
new paragraph (j).
    Paragraph (a). Paragraph (a) of section 206.44 imposes the basic 
requirement that the petition must provide specific information to 
support the claim that products of the People's Republic of China are 
being imported into the United States in such increased quantities or 
under such conditions as

[[Page 65166]]

to cause or threaten to cause market disruption to the domestic 
producers of like or directly competitive products. Paragraph (a) also 
states that each petition should provide the information specified in 
paragraphs (a) through (i)--i.e., a product description and information 
about representativeness, imports, domestic production, injury or 
threat of injury, cause of injury, critical circumstances, the relief 
sought and the purpose thereof--to the extent that such information is 
reasonably available to the petitioner with due diligence.
    The Commission redesignates the current paragraph (a) as paragraph 
(a)(1). The Commission adds a new paragraph (a)(2) that requires an 
additional certification if the petition fails to include any data or 
information that is required by a provision of section 206.44 that 
applies to a petition for an investigation under section 421(b)(1) of 
the Act. In such a case, the new paragraph (a)(2) will require the 
petition to include a certification that the missing information was 
not reasonably available to the petitioner. The Commission intends for 
the additional certification to impress upon each petitioner the 
importance of exercising due diligence to compile and submit the 
information specified in section 206.44 to the extent that the 
information is reasonably available to the petitioner.
    The Commission also amends paragraph (a) of section 206.44 to make 
technical revisions. Paragraph (a) contains two references to 
``paragraphs (b)-(i).'' Because the Commission is adding a new 
paragraph (j) to section 206.44 (as discussed below), the Commission 
changes the reference from ``paragraphs (b)-(i)'' to ``paragraphs (b)-
(j).''
    Paragraph (c). A petition for an investigation under section 
421(b)(1) of the Act must be filed by an entity described in 19 U.S.C. 
2252(a)--that is, an entity, including a trade association, firm, 
certified or recognized union, or group of workers, which is 
representative of an industry. To enable the investigative staff to 
promptly verify the information that the petition provides to comply 
with paragraph (c) of section 206.44, the Commission revises paragraph 
(c)(1) to require the petition to include the name and telephone number 
of a contact person for each producer that is represented in the 
petition or that employs or previously employed workers represented in 
the petition. The Commission also revises paragraph (c)(3) to require 
the petition to provide the name and telephone number of a contact 
person for each other producer of the domestic product known to the 
petitioner. Requiring the aforesaid information to be set forth in the 
petition will expedite the Commission's gathering of information and 
relieve the petitioner from having to provide it on an expedited basis 
after the petition is filed.
    New Paragraph (j). Much of the information that will be critical in 
helping the Commission make the required determination(s) in an 
investigation under section 421(b)(1) of the Trade Act is obtained from 
responses to Commission questionnaires. The Commission seeks to issue 
the questionnaires as expeditiously as possible. However, Commission 
staff cannot complete the drafting of questionnaires or mail them until 
it has compiled certain information about the subject products and the 
names and addresses of domestic and foreign producers, importers, and 
purchasers believed to have information relevant to the investigation. 
Section 206.44 does not currently require the petition to provide such 
information.
    The Commission accordingly adds a new paragraph (j) to section 
206.44. Paragraph (j)(1) requires the petition to include the name, 
address, and telephone number of each U.S. importer and producer in 
China of the products under investigation. Paragraph (j)(3) requires 
the petition to furnish the name, address, primary contact person, and 
telephone number for each of the 10 largest purchasers of each domestic 
producer represented in, or that employs or formerly employed workers 
represented in, the petition. The Commission believes that the 
information required by paragraphs (j)(1) and (j)(3) should be readily 
available to petitioner(s) from its (their) own records, public 
sources, or other sources.
    New paragraph (j) of section 206.44 includes a paragraph (j)(2) 
that requires the petition to provide a detailed description of each 
product for which the petitioner wants the Commission to seek pricing 
information in its questionnaires and an explanation of why the 
petitioner believes the Commission should collect pricing information 
for that product.
    The Commission believes that having the information specified in 
paragraphs (j)(1), (j)(2), and (j)(3) should enable the investigative 
staff to prepare and mail the Commission questionnaires sooner--which, 
in turn, would give the recipients more time to respond and give the 
staff, the Commission, and authorized representatives of parties to the 
investigation more time to evaluate the responses.
    The new paragraph (j) also includes a paragraph (j)(4) that 
requires the petition to furnish information to support each allegation 
of a lost sale or lost revenue. The required supporting information 
includes the date, value, and product quantity of each such alleged 
loss. It also includes the name of the company that lost the sale, the 
name of the customer involved, and the name of the company that 
captured the sale or whose competition resulted in the lost revenue, 
and company addresses, contact persons, and telephone numbers. The 
Commission believes that requiring the petition to provide such 
information will facilitate staff verification of the allegation and 
will relieve the petitioner of the burden of having to furnish the 
information on a expedited basis after the petition is filed.
    Current Paragraph (j). Having amended section 206.44 by adding a 
new paragraph (j) as discussed above, the Commission redesignates the 
current paragraph (j) as paragraph (k).

The Creation of a New Section 206.44a

    The Commission further amends Part 206 of its Rules of Practice and 
Procedure by adding a new section 206.44a to establish special rules 
for investigations under section 421(b) of the Trade Act.
    Paragraph (a) of the new section 206.44a addresses the petitioner's 
obligation to serve confidential and/or public copies of the petition 
on other parties to the investigation and provides for earlier service 
of the petition. The Commission intends for paragraph (a) to provide 
clarity about a matter not adequately addressed in the current rules, 
namely the deadline for the petitioner to serve copies of the petition 
on other parties to the investigation following notification by the 
Secretary of approval of an application for disclosure under an 
administrative protective order, before establishment of a service 
list; the deadline for such service upon notification of the 
establishment of a service list; and the deadline for such service upon 
notification of an amendment of the service list.
    Paragraph (b) of the new section 206.44a addresses the submission 
of written comments by parties after submission of their post-hearing 
briefs. The Commission adopts this paragraph to provide greater clarity 
on the issue of when the record closes. The Commission also intends for 
paragraph (b) to have the effect of preventing the recurrence of a 
problem that occurred in a recently completed investigation, namely, a 
party's inclusion of new

[[Page 65167]]

information in written comments submitted after the post-hearing briefs 
were filed. Paragraph (b) is similar to section 207.30(b) of the 
Commission's Rules of Practice and Procedure (19 CFR 207.30(b)), which 
governs parties' written comments on new information during the final 
phase of a countervailing duty investigation or an antidumping duty 
investigation under Title VII of the Tariff Act of 1930. The Commission 
intends for paragraph (b) of the new section 206.44a to make it clear 
that a party to an investigation under section 421(b) of the Trade Act 
should not include new information in comments filed after the 
submission of its post-hearing brief, unless the Commission grants the 
party leave to do so.

Regulatory Analysis

The Regulatory Flexibility Act

    The Commission notes that 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 section 
553(b) of the APA. (See the discussion above concerning the procedure 
for adopting the interim amendments.)
    Even if the Regulatory Flexibility Act applied, the Commission's 
interim amendments to part 206 are not likely to affect small entities 
in the manner that the Act is intended to prevent. The interim 
amendments are agency rules of procedure and practice. Some procedures 
codified in the amendments are the same as or substantially similar to 
procedures codified in existing rules for other types of 
investigations. Moreover, the Commission has no reason to believe, at 
this point, that a large number of the petitioners will be small 
entities. For those reasons, the Commission certifies, pursuant to 5 
U.S.C. 605(b), that the interim rule amendments in this notice will not 
have a significant economic impact on a substantial number of small 
entities.

Executive Order 12866

    The Commission has determined that the interim amendments to part 
206 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. As 
noted, they merely respond to exigencies created by the statutory time 
constraints and concerns created by the existing rules. The interim 
amendments to part 206 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 interim amendments to part 206 of the Commission's rules do not 
contain federalism implications warranting the preparation of a 
Federalism Assessment pursuant to Executive Order 13132 (64 FR 43255, 
Aug. 4, 1999).

The Unfunded Mandates Reform Act of 1995

    The interim amendments to part 206 of the Commission's 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. Therefore, no actions are deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 
et seq.).

The Small Business Regulatory Enforcement Fairness Act of 1996

    The interim amendments to part 206 of the Commission's 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.). The 
interim amendments 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.

The Contract With America Advancement Act of 1996

    The interim amendments to part 206 of the Commission's rules 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 procedure or practice that do not substantially affect the 
rights or obligations of non-agency parties.

List of Subjects in 19 CFR Part 206

    Administrative practice and procedure, investigations.

0
For the reasons stated in the preamble, the Commission amends 19 CFR 
part 206 as follows:

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

0
1. The authority citation for part 206 continues to read as follows:

    Authority: 19 U.S.C. 1335, 2251-2254, 2451-2451a, 3351-3382; 
secs. 103, 301-302, Pub. L. 103-465, 108 Stat. 4809.

0
2. Amend Sec.  206.44 by revising paragraph (a), revising paragraphs 
(c)(1) and (c)(3), re-designating paragraph (j) as paragraph (k), and 
adding a new paragraph (j), to read as follows:


Sec.  206.44  Contents of a petition under section 421(b) or (o) of the 
Trade Act.

    (a) Petitions under section 421(b). (1) A petition for relief under 
section 421(b) of the Trade Act shall provide specific information in 
support of the claim that products of the People's Republic of China 
are being imported into the United States in such increased quantities 
or under such conditions as to cause or threaten to cause market 
disruption to the domestic producers of like or directly competitive 
products. In addition, such petition shall include the information 
described in paragraphs (b) through (j) of this section. The petition 
shall provide the information required by this paragraph and paragraphs 
(b) through (j) of this section to the extent that such information is 
reasonably available to the petitioner with due diligence.
    (2) If the petition fails to provide any item of information 
specified in paragraphs (b) through (j) of this section, the petition 
shall include a certification that such information was not reasonably 
available to the petitioner.
* * * * *
    (c) Representativeness. Each petition shall include:
    (1) The names and street addresses of the firms represented in the 
petition and/or the firms employing or previously employing the workers 
represented in the petition, the locations of the establishments in 
which each such firm produces the domestic product, and the telephone 
number and contact person(s) for each such firm;
* * * * *
    (3) The names and street addresses of all other producers of the 
domestic product known to the petitioner, and

[[Page 65168]]

the telephone number and contact person(s) for each such producer.
    (j) Additional information. The petition shall include:
    (1) The names of all U.S. importers and all producers in China of 
the subject merchandise known to petitioner, and the street address, 
telephone and fax number, and primary contact person(s) for each such 
importer and producer in China;
    (2) A detailed description of each product for which the petitioner 
requests the Commission to seek pricing information in its 
questionnaires, and an explanation of why the petitioner believes the 
Commission should collect pricing information for each such product;
    (3) For each domestic producer represented by petitioner, the 
company names of its 10 largest purchasers, and the street address, 
telephone number, and primary contact person(s) for each such 
purchaser;
    (4) For each allegation of lost sales and/or lost revenues, 
supporting information with regard to each such alleged loss, including 
the name of the company represented by petitioner that lost the sale or 
revenue, the name of the company that captured the sale or whose 
competition resulted in lost revenue (including company street address, 
company contact person, and telephone and fax numbers for each contact 
person), the date and total value of the lost sale or lost revenue, and 
the total quantity of product involved (by weight or number of units).
    (k) Petitions under section 421(o).
* * * * *

0
2. Amend part 206 by adding Sec.  206.44a to read as follows:


Sec.  206.44a  Special rules for conducting investigations under 
section 421(b) of the Trade Act.

    (a) Service of the petition. (1)(i) The Secretary shall promptly 
notify a petitioner when, before the establishment of a service list 
under Sec.  206.17(a)(4) of this part, he or she approves an 
application under Sec.  206.17(a)(2) of this part pursuant to Sec.  
206.47. When practicable, this notification shall be made by facsimile 
transmission. The petitioner shall then serve a copy of the petition, 
including all confidential business information, on the approved lead 
authorized applicants in accord with Sec.  206.17(f) within 2 calendar 
days of the time notification is made by the Secretary.
    (ii) Upon establishment and issuance of the service list, the 
petitioner shall serve the lead authorized applicants enumerated on the 
list established by the Secretary pursuant to Sec.  206.17(a)(4) that 
have not been served pursuant to paragraph (a)(1)(i) of this section 
within 2 calendar days of the establishment and issuance of the 
Secretary's list.
    (2) As the Secretary adds new authorized applicants to the service 
list described in paragraph (a)(1) of this section, the Secretary shall 
notify the petitioner and issue an amended list, and the petitioner 
shall serve new lead authorized applicants with a copy of the petition 
in the same manner as under paragraph (a)(1)(i) of this section.
    (3) The petitioner shall serve a copy of the non-confidential 
version of the petition on those persons enumerated on the list 
established by the Secretary pursuant to Sec.  201.11(d) of this 
chapter within 2 calendar days of the establishment and issuance of the 
Secretary's list, and on any additional persons within 2 calendar days 
of receiving notification from the Secretary of an amended list.
    (4) The petitioner shall attest service of the petition by filing a 
certificate of service with the Commission.
    (b) Comment on information. The parties shall have an opportunity 
to file comments on any information disclosed to them after they have 
filed their posthearing brief. Comments shall concern only such 
information, and shall not exceed 15 pages of textual material, double-
spaced and on single-sided stationery measuring 8\1/2\ x 11 inches. A 
comment may address the accuracy, reliability, or probative value of 
such information by reference to information elsewhere in the record, 
in which case the comment shall identify where in the record such 
information is found. New factual information and arguments based on 
that information shall be disregarded. The date on which such comments 
must be filed will be specified by the Commission when it specifies the 
time that information will be disclosed. The record shall close on the 
date such comments are due, except with respect to changes in 
bracketing of confidential business information permitted by Sec.  
206.8(c) of this part.

    Issued: November 13, 2003.

    By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-28879 Filed 11-18-03; 8:45 am]
BILLING CODE 7020-02-P