[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Proposed Rules]
[Pages 66004-66006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27363]


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INTERNATIONAL TRADE COMMISSION

19 CFR Chapter II


Preliminary Plan for Retrospective Analysis of Existing Rules

AGENCY: International Trade Commission.

ACTION: Notice of Availability; Request for Comments.

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SUMMARY: The United States International Trade Commission (Commission) 
is developing a plan for the retrospective analysis of its existing 
regulations. The Commission is seeking public comment on a preliminary 
version of such a plan.

DATES: Comment Date: To be assured of consideration, written comments 
must be received by 5:15 p.m. on November 25, 2011.

ADDRESSES: You may submit comments, identified by docket number MISC-
038 by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Agency Web Site: http://www.usitc.gov. Follow the instructions for 
submitting comments. See http://www.usitc.gov/secretary/edis.htm.
    Mail: For paper submission. U.S. International Trade Commission, 
500 E Street, SW., Room 112, Washington, DC 20436.
    Hand Delivery/Courier: U.S. International Trade Commission, 500 E 
Street, SW., Room 112, Washington, DC 20436. From the hours of 8:45 
a.m. to 5:15 p.m.
    For detailed instructions on submitting comments, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Office of the General 
Counsel, United States International Trade Commission, telephone 202-
205-3094, e-mail [email protected]. 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: Executive Order 13579 of July 11, 2011, 
calls on each independent regulatory agency to develop and release to 
the public, within 120 days of the date of the Executive Order, a plan 
under which the agency will periodically review its significant 
regulations to determine whether any such regulations should be 
modified, streamlined, expanded, or repealed so as to make the agency's 
regulatory program more effective or less burdensome in achieving 
regulatory objectives. The following is the Commission's Preliminary 
Plan for Retrospective Analysis of Existing Rules. The Commission 
welcomes comments from the public concerning this plan.

Public Participation

    Instructions: All submissions received must include the agency name 
and the docket number (MISC-038) for this proceeding. All comments 
received will be posted without change to http://www.usitc.gov, 
including any personal information provided. For paper copies, a signed 
original and 14 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 James Holbein, Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Room 112, 
Washington, DC 20436. Comments, along with a cover letter, may be 
submitted electronically to the extent provided by Sec. 201.8 of the 
Commission's rules. This rule may refer commenters to the Handbook for 
Electronic Filing Procedures (see http://www.usitc.gov/secretary/edis.htm). For those submitting comments by mail, it is advisable to 
mail comments in advance of the due date since Commission mail will be 
delayed due to necessary security screening.
    Docket: For access to the docket to read comments received, go to 
http://www.usitc.gov or U.S. International Trade Commission, 500 E 
Street, SW., Room 112, Washington, DC 20436.

United States International Trade Commission

Preliminary Plan for Retrospective Analysis of Existing Rules

October 18, 2011

I. Executive Summary of Plan

    Executive Orders 13579 and 13563 recognize the importance of 
maintaining a consistent culture of retrospective review and analysis 
throughout the Federal government. Executive Order 13579 calls on each 
independent regulatory agency to develop and release to the public a 
plan, consistent with law and reflecting the agency's resources and 
regulatory priorities and processes, under which the agency will 
periodically review its significant regulations to determine whether 
any such regulations should be modified, streamlined, expanded, or 
repealed so as to make the agency's regulatory program more effective 
or less burdensome in achieving the regulatory objectives.
    Pursuant to Executive Order 13579, the U.S. International Trade 
Commission developed this preliminary plan for retrospective analysis 
of its regulations. The plan is designed to create a defined method and 
schedule for identifying and reconsidering certain significant rules 
that are obsolete, unnecessary, unjustified, excessively burdensome, or 
counterproductive. Its review processes are intended to facilitate the 
identification of rules that warrant repeal or modification, or the 
strengthening, complementing, or modernizing of rules where necessary 
or appropriate.

II. Background

    The Commission is an independent, quasi-judicial Federal agency 
with broad investigative responsibilities on matters of trade. It 
investigates the effects of dumped and subsidized imports on domestic 
industries, conducts global safeguard investigations, and adjudicates 
cases involving imports that allegedly infringe intellectual property 
rights. The Commission also serves as a Federal resource where trade 
data and other trade policy-related information are gathered and 
analyzed. The information and analysis are provided to the President, 
the Office of the United States Trade Representative (USTR), and 
Congress to facilitate the development of sound and informed U.S. trade 
policy. The Commission makes most of its information and analysis 
available to the public to promote understanding of international trade 
issues. The Commission also maintains the

[[Page 66005]]

Harmonized Tariff Schedule of the United States (HTS).
    Thus, the Commission is not primarily a regulatory agency, and its 
regulations generally serve to govern the process of its statutory 
investigative responsibilities. In carrying out its mission, the 
Commission issues rules of practice and procedure relating to the 
conduct of its investigations. The Commission's rules are codified in 
Title 19 of the Code of Federal Regulations.
     Part 201 of the Commission's rules are rules of general 
application relating to the functions and activities of the Commission.
     Part 202 sets out rules pertaining to investigations of 
costs of production under section 336 of the Tariff Act of 1930, as 
amended (19 U.S.C. 1336).
     Part 204 contains rules pertaining to investigations of 
effects of imports on agricultural programs under section 22 of the 
Agricultural Adjustment Act, as amended (7 U.S.C. 624).
     Part 205 covers rules pertaining to investigations to 
determine the probable economic effect on the economy of the United 
States of proposed modifications of duties or any other barrier to (or 
other distortion of) international trade or of taking retaliatory 
actions to obtain the elimination of unjustifiable or unreasonable 
foreign acts or policies which restrict U.S. commerce.
     Part 206 pertains to investigations relating to global and 
bilateral safeguard actions, market disruption, trade diversion, and 
review of relief actions.
     Part 207 sets out rules for the conduct of antidumping and 
countervailing duty investigations conducted under title VII of the 
Tariff Act of 1930, as amended (19 U.S.C. 1671 et seq.).
     Part 208 contains rules pertaining to investigations with 
respect to the commercial availability of textile fabric and yarn in 
Sub-Saharan African countries.
     Part 210 sets out rules for the conduct of investigations 
of unfair practices in import trade under section 337 of the Tariff Act 
of 1930, as amended (19 U.S.C. 337).
     Part 212 establishes rules for the implementation of the 
Equal Access to Justice Act (5 U.S.C. 504).
    In the course of its investigations, the Commission also generally 
issues questionnaires seeking business and financial information from 
domestic and foreign firms. These questionnaires are frequently revised 
and adapted, with the input of affected parties wherever possible.
    The Commission also maintains several documents that provide 
guidance to parties involved in its investigations, including its 
``Antidumping and Countervailing Duty Handbook,'' ``An Introduction to 
Administrative Protective Order Practice in Import Injury 
Investigations,'' and the ``Handbook on Electronic Filing Procedures.'' 
The documents are maintained in electronic form on the Commission's Web 
site and are reviewed and updated periodically.

III. Scope of Plan

    This Plan covers existing regulations, existing information 
collections, and significant guidance documents.

IV. Elements of the Plan

    Fostering a Culture of Retrospective Analysis. The Commission 
intends to strengthen its culture of retrospective analysis by 
informing all of its employees of the Plan and periodically seeking 
input from them.
    Prioritization. The Commission has identified selection criteria 
for the rules it will review retrospectively. It will endeavor to 
review rules that:
     Have been affected by subsequent legal developments;
     Overlap, duplicate, or conflict with other Federal rules;
     Are the subject of public comments, from individuals and 
entities that appear before the Commission, and from Congressional and 
other Executive Branch sources;
     Require outdated reporting practices; or
     Have been in place for a long time, so that updating may 
be appropriate.
    Structure and Staffing. The following Commission official will be 
responsible for overseeing the retrospective review of existing rules: 
James R. Holbein, Secretary, e-mail: [email protected].
    Process for Retrospective Review. Every two years, the Commission's 
General Counsel will send a memorandum to the Commission's Secretary, 
office directors, and administrative law judges asking them for input 
on rules suitable for modification or elimination. The Commission will 
also seek input from the public at that time. Based on responses to 
this memorandum and comments from the public, and in consultation with 
Commissioners, staff of the General Counsel's office will make 
recommendations to the Commission regarding the possible modification 
or elimination of existing regulations. Once an appropriate rule change 
has been identified, the Commission will publish a notice of proposed 
rulemaking and solicit public comment on the proposed change.

V. Public Access and Participation

    On October 18, 2011, the Commission issued a notice to be published 
in the Federal Register and posted on the homepage of its Web site 
http://www.usitc.gov/, seeking public comment on the design of this 
Plan and the identification of specific rules to be included in the 
Plan. See http://www.usitc.gov/.

[This section will discuss public comments that the Commission 
receives.]

VI. Current Agency Efforts Already Underway Independent of Executive 
Order 13579

    Even before the issuance of Executive Order 13579, Commission staff 
periodically review existing regulations with a view to updating and 
improving them, and eliminating redundant or unnecessary regulations. 
For example, this year the Commission undertook to revise its rules to 
provide that most documents filed with the agency will be filed by 
electronic means. See 76 FR 61937 (Oct. 6, 2011). In addition, the 
Commission staff constantly adapts the questionnaires that it issues in 
its investigations to reflect the specific circumstances of each 
investigation. Wherever possible, the staff seek preliminary input from 
firms that will be asked to complete these questionnaires. In light of 
these efforts, the Commission is well-positioned to implement a more 
systematic plan for retrospective review of its regulations.

VII. Examples of Rules for Retrospective Review

    The Commission has preliminarily identified the following aspects 
of its existing rules for review over the next two years:
    1. General review of existing regulations in 19 CFR parts 201, 207, 
and 210. The Commission will seek to determine whether any such 
regulations shall be modified, streamlined, expanded or repealed so as 
to make the agency's regulations more effective or less burdensome.
    2. Employee Responsibilities and Conduct, 19 CFR part 200. The 
Commission intends to review its regulations addressing employee 
responsibilities and conduct, to assess whether these regulations can 
be modified or repealed, in light of the issuance of similar 
regulations by the Office of Government Ethics.
    3. National Security Information, 19 CFR part 201, subpart F. The 
Commission intends to review its regulations addressing national 
security information, to assess whether these

[[Page 66006]]

regulations should be modified, in light of Executive Order 13526 (Dec. 
29, 2009).
    4. Investigations With Respect to Commercial Availability of 
Textile Fabric and Yarn in Sub-Saharan African Countries, 19 CFR part 
208. The Commission intends to review its regulations addressing 
investigations with respect to the commercial availability of textile 
fabric and yarn in Sub-Saharan African countries, to assess whether 
these regulations can be repealed, in light of the repeal of section 
112(c)(2) of the African Growth and Opportunity Act (AGOA), which 
required the Commission to make determinations with respect to the 
commercial availability and use of regional textile fabric or yarn in 
lesser developed beneficiary sub-Saharan African countries in the 
production of apparel articles receiving U.S. preferential treatment 
under AGOA (see section 3(a)(2)(B) of Public Law 110-436, October 16, 
2008, 122 Stat. 4980).

This list is non-exhaustive and the Commission will consider whether 
other parts of its regulations should also be subject to review within 
the next two years.

VIII. Publishing the Plan Online

    The Commission will publish this plan in the Federal Register and 
on the agency's Web site, at http://www.usitc.gov. The Web site 
includes a page on the Commission's Rules of Practice and Procedure, at 
http://www.usitc.gov/secretary/fed_reg_notices/rules/. This Rules 
page will include a link to the plan. Members of the public will be 
able to post comments about the plan via a link on the page. Commenters 
may also choose to file comments in paper form to the Secretary to the 
Commission, room 112, 500 E Street, SW., Washington, DC 20436.

    By Order of the Commission.

     Issued: October 18, 2011.
James Holbein,
Secretary to the Commission.
[FR Doc. 2011-27363 Filed 10-24-11; 8:45 am]
BILLING CODE 7020-02-P