[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Rules and Regulations]
[Pages 14716-14718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06127]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

15 CFR Part 2017

[Docket Number USTR-2016-0002]
RIN 0350-AA07


Establishment of a Petition Process To Review the Eligibility of 
Countries Under the African Growth and Opportunity Act (AGOA)

AGENCY: Office of the United States Trade Representative.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Trade Preferences Extension Act of 2015 (TPEA) requires 
the President to establish a petition process to review the eligibility 
of countries for the benefits of the African Growth and Opportunity Act 
(AGOA). This authority has been delegated to the Office of the United 
States Trade Representative (USTR).

DATES: The interim final rule is effective on March 18, 2016. USTR will 
accept comments on the interim final rule in writing on or before April 
18, 2016.

ADDRESSES: All comments must be submitted electronically at 
www.regulations.gov, docket number USTR-2016-0002.

FOR FURTHER INFORMATION CONTACT: For procedural questions, please 
contact Yvonne Jamison, Trade Policy Staff Committee, at 202-395-3475. 
Direct all other questions to Constance Hamilton, Deputy Assistant U.S. 
Trade Representative for African Affairs, at 
[email protected] or 202-395-9514.

SUPPLEMENTARY INFORMATION:

I. Background

    The AGOA (Title I of the Trade and Development Act of 2000, Pub. L. 
106-200) (19 U.S.C. 2466a et seq.), as amended, contains provisions for 
enhanced trade benefits for eligible sub-Saharan African countries.
    Section 506(c) of the TPEA, which was signed into law on June 29, 
2015 (Pub. L. 114-27, sec. 105(d)(3), 129 Stat. 366-367)), requires the 
President to establish a process to allow any interested person, at any 
time, to file a petition with USTR concerning the compliance of any 
sub-Saharan African country listed in section 107 of the AGOA (19 
U.S.C. 3706), with the eligibility requirements set forth in section 
104 of the AGOA (19 U.S.C. 3703) and the eligibility criteria set forth 
in section 502 of the Trade Act of 1974 (19 U.S.C. 2462). On February 
26, 2016, the President delegated this authority to USTR. See E.O. 
13720 of Feb. 26, 2016, 81 FR 11087, Mar. 2, 2016.

II. Analysis of the Interim Final Rule

    The interim final rule adds 15 CFR part 2017. The new Part 2017 
establishes a petition process that supplements the annual (normal 
cycle) request for public comments on whether a beneficiary sub-Saharan 
African country is meeting the eligibility criteria and requirements of 
the AGOA program (see, e.g., 80 FR 48951, Aug. 14, 2015).
    Section 2017.0 defines acronyms used throughout Part 2017.
    Section 2017.1 permits any interested party to submit a petition, 
at any time, regarding whether a beneficiary sub-Saharan African 
country meets the eligibility requirements in section 104 of the AGOA 
and the eligibility criteria in section 502 of the Trade Act of 1974. 
It requires that a petition adequately identify the country and the 
concern. A petition indicating the existence of exceptional 
circumstances warranting an out-of-cycle review must contain a 
statement of reasons explaining why an out-of-cycle review is 
warranted.
    Section 2017.2 explains how USTR will process petitions. USTR will 
consider petitions filed in accordance with the public comment period 
of the annual (normal cycle) review of all beneficiary countries in 
conjunction with that review. USTR will consider petitions filed 
outside of that time frame in the next (normal cycle) annual review. If 
USTR receives a petition outside of the annual (normal cycle) review 
process that indicates the existence of exceptional circumstances, the 
AGOA Implementation Subcommittee will consider whether there is a basis 
for the initiation of an out-of-cycle review and make recommendations 
to the Trade Policy Staff Committee, which will, in turn, advise the 
U.S. Trade Representative. If the U.S. Trade Representative finds that 
there are exceptional circumstances warranting an out-of-cycle review, 
within 30 days of that determination USTR will announce a schedule for 
the review in the Federal Register.
    Section 2017.3 requires USTR to publish a summary of the actions 
taken in response to petitions in the Federal Register. The notice also 
will include a list of pending petitions upon which no decision has 
been made.
    Section 2017.4 provides that all submitted materials will be made 
available for public inspection at www.regulations.gov other than 
appropriately designated confidential business information.
    The TPEA extended the AGOA until September 30, 2025. See Pub. L. 
114-27, sec. 103, 129 Stat. 364, June 29, 2015. Section 2017.5 provides 
that the AGOA petition process will expire on that date unless extended 
by statute.

III. Requirements for Submission

    All submissions must be in English and must be submitted 
electronically via http://www.regulations.gov. USTR will not accept 
hand-delivered submissions. To make a submission using http://www.regulations.gov, enter the docket number USTR-2016-0002 in the 
``Search for'' field on the home page and click ``Search.'' The site 
will provide a search-results page listing all documents associated 
with this docket. Find a reference to this notice by selecting 
``Notice'' under ``Document Type'' in the ``Filter Results by'' section 
on the left side of the screen and click

[[Page 14717]]

on the link entitled ``Comment Now.'' The http://www.regulations.gov 
Web site offers the option of providing comments by filling in a ``Type 
Comment'' field or by attaching a document using the ``Upload file(s)'' 
field. (For further information on using the http://www.regulations.gov 
Web site, please consult the resources provided on the Web site by 
clicking on ``How to Use This Site'' on the left side of the home 
page.) The http://www.regulations.gov Web site allows users to provide 
comments by filling in a ``Type Comment'' field or by attaching a 
document using the ``Upload file(s)'' field. The AGOA Implementation 
Subcommittee prefers that submissions be provided in an attached 
document.

Business Confidential Submissions

    USTR will grant business confidential status to information you 
submit if you certify that you would not customarily release the 
information to the public and clearly designate it as confidential 
business information. You must mark your submission ``BUSINESS 
CONFIDENTIAL'' at the top and bottom of the cover page and on each 
succeeding page, and the submission should indicate, via brackets, the 
specific information that is confidential. Additionally, you must 
include ``Business Confidential'' in the ``Type Comment'' field. If you 
submit a comment containing business confidential information, you also 
must submit a separate non-confidential version that is not a part of 
the same submission as the confidential version, indicating where 
confidential information has been redacted. The non-confidential 
version will be placed in the docket and open to public inspection.

Public Inspection

    All comments we receive, except for information granted ``business 
confidential'' status, will be available for public viewing without 
change, including any personal information you provide, such as your 
name and address. You can find the comments by entering docket number 
USTR-2016-0002 in the search field at www.regulations.gov.

IV. Notice and Public Participation

    USTR is promulgating these changes as an interim final rule in 
order to meet the statutory deadline for establishment of a petition 
process. Accordingly, USTR for good cause finds that the notice and 
publication requirements of the Administrative Procedure Act are 
unnecessary. See 5 U.S.C. 553(b)(3)(B). However, because this type of 
rulemaking generally requires notice and receipt of public comment, 
USTR will accept written comments on the interim final rule on or 
before April 18, 2016.

V. Effective Date

    For the reasons stated in part IV above, USTR for good cause finds 
that the interim final rule should become effective on March 18, 2016. 
See 5 U.S.C. 553(d)(3).

VI. Regulatory Flexibility Act

    USTR is adopting 15 CFR part 2017 in the form of an interim final 
rule and not as a proposed rule. Therefore, the provisions of the 
Regulatory Flexibility Act do not apply. See 5 U.S.C. 601(2), 603(a).

VII. Paperwork Reduction Act

    The interim final rule does not contain any collections of 
information under the Paperwork Reduction Act of 1995. See 44 U.S.C. 
3501 et seq. Consequently, USTR has not submitted any information to 
the Office of Management and Budget for review.

List of Subjects in 15 CFR Part 2017

    Administrative practice and procedure, Confidential business 
information, Foreign trade.


0
For the reasons stated in the preamble, USTR amends 15 CFR by adding 
part 2017 to read as follows:

PART 2017--PETITION PROCESS TO REVIEW ELIGIBILITY OF COUNTRIES 
UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)

Sec.
2017.0 Definitions.
2017.1 Petition for review.
2017.2 Action following receipt of a petition.
2017.3 Publication regarding petitions.
2017.4 Public inspection.
2017.5 Expiration.

    Authority:  19 U.S.C. 2466a et seq.; Pub. L. 114-27, sec. 
105(d)(3), 129 Stat. 366-367, June 29, 2015; E.O. 13720 of Feb. 26, 
2016, 81 FR 11087, Mar. 2, 2016


Sec.  2017.0  Definitions.

    For purposes of this part:
    AGOA means the African Growth and Opportunity Act, as amended 
(Title I of the Trade and Development Act of 2000, Pub. L. 106-200) (19 
U.S.C. 2466a et seq.).
    TPC means the Trade Policy Committee.
    TPRG means the Trade Policy Review Group.
    TPSC means the Trade Policy Staff Committee.
    USTR means the Office of the United States Trade Representative.


Sec.  2017.1  Petition for review.

    (a) Any person may submit a petition to USTR in accordance with 
this section with respect to the compliance of any country listed in 
section 107 of the AGOA (19 U.S.C. 3706), with the eligibility 
requirements set forth in section 104 of the AGOA (19 U.S.C. 3703) and 
the eligibility criteria set forth in section 502 of the Trade Act of 
1974 (19 U.S.C. 2462).
    (b) A petition must:
    (1) Identify the sub-Saharan African country that would be subject 
to the review;
    (2) Indicate the specific eligibility requirement or criterion that 
the petitioner believes warrants review; and
    (3) Include all available supporting arguments and information to 
explain why review is warranted.
    (c) A petition requesting an out-of-cycle review under section 
111(d)(4) of the AGOA (19 U.S.C. 2466a(d)(4)) must contain a statement 
indicating the existence of exceptional circumstances warranting the 
out-of-cycle review.
    (d) The TPSC may request additional information.


Sec.  2017.2  Action following receipt of a petition.

    (a) USTR will consider a petition received in accordance with the 
schedule published in the Federal Register for the annual (normal 
cycle) AGOA review process under section 111 of the AGOA (19 U.S.C. 
2466a) in conjunction with that annual review.
    (b) Except as provided in paragraph (c) of this section, USTR will 
consider a petition received at any time other than the time described 
in paragraph (a) of this section, in accordance with the schedule 
published in the Federal Register for the next annual (normal cycle) 
AGOA review process.
    (c)(1) If a petition received at any time other than the time 
described in paragraph (a), requests an out-of-cycle review under 
section 111(d)(4) of the AGOA (19 U.S.C. 2466a(d)(4)), within 60 days:
    (i) The AGOA Implementation Subcommittee will review the petition 
and report to the TPSC whether there are exceptional circumstances 
warranting an out-of-cycle review;
    (ii) The TPSC will conduct further review as necessary;
    (iii) The TPSC Chair will report the results of the TPSC review to 
the U.S. Trade Representative; and
    (iv) The U.S. Trade Representative may convene the TPRG or the TPC 
for further review of the TPSC recommendations and other decisions.
    (2) If the U.S. Trade Representative finds that there are 
exceptional

[[Page 14718]]

circumstances warranting an out-of-cycle review, within 30 days of that 
determination USTR will announce a schedule for the review in the 
Federal Register. The schedule will include the deadline and guidelines 
for any party to submit written comments supporting, opposing or 
otherwise commenting on any proposed action.
    (3) For any out-of-cycle review initiated under this paragraph (c), 
the AGOA Implementation Subcommittee will consider public input 
received by the applicable deadline and any other relevant information 
and report to the TPSC. The TPSC will conduct further review as 
necessary and prepare recommendations for the U.S. Trade 
Representative. The U.S. Trade Representative may convene the TPRG or 
the TPC for further review of recommendations and other decisions. The 
U.S. Trade Representative will make recommendations to the President, 
which may include a recommendation that no action be taken.


Sec.  2017.3  Publication regarding petitions.

    USTR will publish in the Federal Register:
    (a) A list of actions taken in response to a petition, such as the 
publication of a Presidential proclamation modifying the designation of 
a country or the application of duty-free treatment with respect to 
articles from a country pursuant to the AGOA; and
    (b) A list of petitions upon which no decision was made, and thus 
which are pending further review.


Sec.  2017.4  Public inspection.

    USTR will make publicly available at www.regulations.gov:
    (a) Any written request, brief or similar submission of information 
made pursuant to this part; and
    (b) Any stenographic record of any public hearing that may be held 
pursuant to this part.
    (c)(1) USTR will grant business confidential status and withhold 
from public disclosure the information submitted if the petitioner 
certifies that the information customarily would not be released to the 
public and clearly designates the information as confidential business 
information.
    (2) To request business confidential status the petitioner must 
mark the submission ``BUSINESS CONFIDENTIAL'' at the top and bottom of 
the cover page and on each succeeding page, and the submission should 
indicate, via brackets, the specific information that is confidential.
    (3) If the submission contains business confidential information, 
the petitioner also must submit a non-confidential version or summary, 
indicating where confidential information has been redacted, and a 
written explanation of why the material should be protected.
    (4) The non-confidential version or summary will be made publicly 
available at www.regulations.gov.
    (5) A request for exemption of any particular information may be 
denied if it is determined that such information is not entitled to 
exemption under law. In the event of such a denial, the information 
will be returned to the person who submitted it, with a statement of 
the reasons for the denial.


Sec.  2017.5  Expiration.

    The Trade Preferences Extension Act of 2015 extended the AGOA until 
September 30, 2025 (Pub. L. 114-27, sec. 103, 129 Stat. 364). 
Accordingly, this Part will expire on that date unless extended by 
statute.

Florizelle Liser,
Assistant U.S. Trade Representative for African Affairs.
[FR Doc. 2016-06127 Filed 3-17-16; 8:45 am]
 BILLING CODE 3290-F6-P