Rules of General Application, 46350-46351 [2014-18685]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Rules and Regulations]
[Pages 46350-46351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18685]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 201


Rules of General Application

AGENCY: International Trade Commission.

ACTION: Final rule.

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SUMMARY: The United States International Trade Commission 
(``Commission'') amends provisions of its Rules of Practice and 
Procedure concerning national security information. The amendments are 
designed to ensure that the Commission's procedures with respect to 
national security information are consistent with applicable 
authorities.

DATES: This final rule is effective September 8, 2014.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone 
(202) 205-2000, or Clara Kuehn, Attorney-Advisor, Office of the General 
Counsel, telephone (202) 205-3012, United States International Trade 
Commission. 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 at 
https://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. This rulemaking updates Subpart F of Part 201 
of the Commission's existing Rules of Practice and Procedure concerning 
national security information to ensure that Subpart F is consistent 
with Executive Order 13526 of December 29, 2009, and its implementing 
directive (32 CFR part 2001).
    On April 17, 2014, the Commission published a Notice of Proposed 
Rulemaking (NOPR) in the Federal Register. 79 FR 21658, April 17, 2014. 
In the NOPR, the Commission proposed amendments to Subpart F that would 
make non-substantive changes to existing section 201.42; eliminate 
existing section 201.43 and existing subsections 201.44(b) through (f); 
and update the procedures for processing mandatory declassification 
review (``MDR'') requests in existing subsection 201.44(a) and 
incorporate them into a new section 201.43.
    In the NOPR, the Commission requested public comment on the 
proposed rules, but no comments were received. The Commission found no 
reason to change the proposed rules before adopting them as final 
rules, which are republished below. A section-by-section analysis of 
the rules can be found at 79 FR 21658-21661 (April 17, 2014).
    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) or any 
other statute. Although the Commission published a notice of proposed 
rulemaking, these regulations are ``agency rules of procedure and 
practice,'' and thus are exempt from the notice requirement imposed by 
5 U.S.C. 553(b). Moreover, these rules are certified as not having a 
significant economic impact on a substantial number of small entities.
    These amended rules do not contain any information collection 
requirements subject to the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    No actions are necessary under title II of the Unfunded Mandates 
Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538) because these 
amended 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 Commission has determined that these amended rules do not 
constitute a ``significant regulatory action'' under section 3(f) of 
Executive Order 12866 (58 FR 51735, October 4, 1993).
    These amended rules do not have federalism implications warranting 
the preparation of a federalism summary impact statement under 
Executive Order 13132 (64 FR 43255, August 4, 1999).
    These amended rules are not ``major rules'' as defined by section 
251 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 Act because they concern rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties.

List of Subjects in 19 CFR Part 201

    Administrative practice and procedure.

    For the reasons stated in the preamble, the United States 
International Trade Commission amends 19 CFR part 201 as follows:

PART 201--RULES OF GENERAL APPLICATION

0
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.
0
2. Revise subpart F to read as follows:

Subpart F--National Security Information
Sec.
201.42 Purpose and scope.
201.43 Mandatory declassification review.


    Authority:  19 U.S.C. 1335; E.O. 13526, 75 FR 707.

Subpart F--National Security Information


Sec.  201.42  Purpose and scope.

    This subpart supplements Executive Order 13526 of December 29, 
2009, and its implementing directive (32 CFR part 2001) as it applies 
to the Commission.


Sec.  201.43  Mandatory declassification review.

    (a) Requests for mandatory declassification review--(1) 
Definitions. Mandatory declassification review (``MDR'') means the 
review for declassification of classified information in response to a 
request for declassification that meets the requirements under section 
3.5 of Executive Order 13526.
    (2) Procedures. Requests for MDR of information in the custody of 
the Commission that is classified under Executive Order 13526 or 
predecessor orders shall be directed to the Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. MDR requests will be processed in accordance with 
Executive Order 13526, its

[[Page 46351]]

implementing directive, and this section. An MDR request must describe 
the document or material containing the requested information with 
sufficient specificity to enable Commission personnel to locate it with 
a reasonable amount of effort. Requests for broad types of information, 
entire file series of records, or similar non-specific requests may be 
denied processing. The Secretary shall notify a requester who has 
submitted a non-specific request that no further action will be taken 
on the request unless the requester provides additional description.
    (b) Freedom of Information Act and Privacy Act requests. (1) 
Requests for records submitted under the Freedom of Information Act 
(``FOIA'') (5 U.S.C. 552), as amended, or the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, which include classified information shall be 
processed in accordance with the provisions of those acts and 
applicable Commission regulations (subpart C of this part (FOIA 
regulations); subpart D of this part (Privacy Act regulations)).
    (2) If a requester submits a request under FOIA and also requests 
MDR, the Secretary shall require the requester to select one process or 
the other. If the requester fails to select one or the other process, 
the Secretary will treat the request as a FOIA request unless the 
requested materials are subject only to MDR.
    (c) Referral of MDR requests. (1) Because the Commission does not 
have original classification authority and all U.S. originated 
classified information in its custody has been originally classified by 
another Federal agency, the Secretary shall refer all requests for MDR 
and the pertinent records to the originating agency for review. 
Following consultations with the originating agency, the Secretary 
shall notify the requester of the referral unless such association is 
itself classified under Executive Order 13526 or its predecessor 
orders. The Secretary shall request that the originating agency, in 
accordance with 32 CFR 2001.33(a)(2)(ii) and 2001.34(e):
    (i) Promptly process the request for declassification,
    (ii) Communicate its declassification determination to the 
Secretary, and
    (iii) If the originating agency proposes to withhold any 
information from public release, notify the Secretary of the specific 
information at issue and the applicable law that authorizes and 
warrants withholding such information.
    (2) Unless a prior arrangement has been made with the originating 
agency, the Secretary shall collect the results of that agency's review 
and inform the requester of any final decision regarding the 
declassification of the requested information as follows:
    (i) If the originating agency denies declassification of the 
requested information in whole or in part, the Secretary shall ensure 
that the decision provided to the requester includes notification of 
the right to file an administrative appeal with the originating agency 
within 60 days of receipt of the denial and the mailing address for the 
appellate authority at the originating agency.
    (ii) If the originating agency declassifies the requested 
information in whole or in part, the Secretary shall determine whether 
the requested declassified information is exempt from disclosure, in 
whole or in part, under the provisions of a statutory authority, such 
as the FOIA. The Secretary shall inform the requester that an appeal 
from a denial of requested declassified information must be received 
within 60 days of the date of the letter of denial and shall be made to 
the Commission and addressed to the Chairman, United States 
International Trade Commission, 500 E Street SW., Washington, DC 20436.
    (d) Foreign Government Information--(1) Definitions. ``Foreign 
government information'' (``FGI'') means information provided to the 
United States Government by a foreign government or governments, an 
international organization of governments, or any element thereof, with 
the expectation that the information, the source of the information, or 
both, are to be held in confidence; information produced by the United 
States Government pursuant to or as a result of a joint arrangement 
with a foreign government or governments, or an international 
organization of governments, or any element thereof, requiring that the 
information, the arrangement, or both, are to be held in confidence; or 
information received and treated as FGI under the terms of a 
predecessor of Executive Order 13526.
    (2) MDR requests for classified records in Commission custody that 
contain FGI. The Commission will handle such MDR requests consistent 
with the requirements of Executive Order 13526 and 32 CFR part 2001. 
MDR requests for FGI initially received or classified by another 
Federal agency shall be referred to such agency following the referral 
procedures in paragraph (c) of this section.
    (e) Appeals of denials of MDR requests. MDR appeals are for the 
denial of classified information only. Appeals of denials are handled 
in accordance with 32 CFR 2001.33(a)(2)(iii), which provides that the 
agency appellate authority deciding an administrative appeal of the 
denial of an MDR request shall notify the requester in writing of the 
reasons for any denial and inform the requester of his or her final 
appeal rights to the Interagency Security Classification Appeals Panel.

    Issued: August 1, 2014.

    By order of the Commission.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-18685 Filed 8-7-14; 8:45 am]
BILLING CODE 7020-02-P