Adjudication and Enforcement, 13689-13690 [E7-5177]

Download as PDF Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations List of Subjects in 16 CFR Part 1615 Clothing, Consumer protection, Flammable materials, Infants and children, Labeling, Reporting and recordkeeping requirements, Sleepwear, Textiles, Warranties. I Accordingly, 16 CFR part 1615 is corrected by making the following correcting amendments: PART 1615—STANDARD FOR THE FLAMMABILITY OF CHILDREN’S SLEEPWEAR: SIZES 0 THROUGH 6X 1. The authority citation for part 1615 continues to read as follows: I Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569–570; 15 U.S.C. 1193. § 1615.1 [Amended] 2. In § 1615.1: A. In paragraph (c)(3) add the word ‘‘of’’ between the words ‘‘Flammability’’ and ‘‘Clothing’’ and add the word ‘‘of’’ between the words ‘‘Flammability’’ and ‘‘Vinyl’’; I B. In Diagram 1, in the block underneath ‘‘5″ remove ‘‘9.5 cm 31⁄4’’″ and add, in their place ‘‘9.5 cm 33⁄4’’″. I I § 1615.4 [Amended] 3. In § 1615.4: A. In paragraph (b)(1) remove the word ‘‘plain’’ and add in its place ‘‘plan’’. I B. In the last sentence in paragraph (d)(3)(i)(A) remove the word ‘‘of’’ and add in its place ‘‘or’’. I I Dated: March 19, 2007. Todd Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E7–5303 Filed 3–22–07; 8:45 am] BILLING CODE 6355–01–P INTERNATIONAL TRADE COMMISSION 19 CFR Part 210 Adjudication and Enforcement U.S. International Trade Commission. ACTION: Final rule. sroberts on PROD1PC70 with RULES AGENCY: SUMMARY: The U.S. International Trade Commission is adopting as a final rule the proposed rulemaking that revised certain provisions of the agency’s rules for investigations and related proceedings under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) to provide for services of certain Commission documents by overnight delivery and provide one additional day to respond to Commission documents served by overnight delivery. These VerDate Aug<31>2005 18:36 Mar 22, 2007 Jkt 211001 rules will ensure effective service of Commission documents on private parties in section 337 investigations and related proceedings. DATES: Effective Date: March 23, 2007. Applicability Date: The Commission will adopt procedures to implement the rules changes on April 2, 2007. FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Esq., telephone 202– 708–2310, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. General information concerning the Commission may be obtained by accessing its Internet server (http://www.usitc.gov). Hearing-impaired persons are advised that information on the final rulemaking can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: On December 8, 2006 (71 FR 71113), the Commission published a proposed rulemaking that would revise the text of § 210.6 by dividing the current text and designating the portions as paragraphs (a) and (b), adding a new paragraph (c), which provides that a party shall be given one additional day to respond to a Commission document when served by overnight delivery, and adding another new paragraph (d), which defines ‘‘overnight delivery’’; and amending the text of § 210.7 by revising and redesignating paragraph 210.7(a) as paragraph (a)(1) and adding new paragraph (a)(2). The sixty day public comment period for the proposed rulemaking closed on February 6, 2007. The Commission received one set of comments, from the ITC Trial Lawyers Association (ITCTLA), in response to the proposed rulemaking. The Commission has considered the ITCTLA comments to expand the scope of documents to be served by overnight delivery to include additional categories of documents. The Commission’s response to these comments is that the Commission will consider whether to expand its procedures to include other types of documents after it has gained experience with the new service procedures. Thus, the Commission is adopting the proposed rule as a final rule without any changes. Regulatory Analysis The Commission has determined that the final 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 13689 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 rulemaking is required under 5 U.S.C. 553(b) or any other statute. Although the Commission has chosen to publish a notice of final 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 final 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 final 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 final 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. The amendments are not subject to section 3504(h) of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), since they do not contain any new information collection requirements. List of Subjects in 19 CFR Part 210 Administration practice and procedure, Business and industry, Customs duties and inspection, Imports, and Investigations. I For the reasons discussed in the supplementary information, the United States International Trade Commission amends 19 CFR part 210 as follows: PART 210—ADJUDICATION AND ENFORCEMENT 1. The authority citation for part 210 continues to read as follows: I Authority: 19 U.S.C. 1333, 1335, and 1337. I 2. Revise § 210.6 to read as follows: § 210.6 Computation of time, additional hearings, postponements, continuances, and extensions of time. (a) Unless the Commission, the administrative law judge, or this or another section of this part specifically E:\FR\FM\23MRR1.SGM 23MRR1 13690 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations provides otherwise, the computation of time and the granting of additional hearings, postponements, continuances, and extensions of time shall be in accordance with §§ 210.14 and 210.16(d) of this chapter. (b) Whenever a party has the right or is required to perform some act or to take some action within a prescribed period after service of a document upon it, and the document was served by mail, the deadline shall be computed by adding to the end of the prescribed period the additional time allotted under § 210.16(d), unless the Commission, the administrative law judge, or another section of this part specifically provides otherwise. (c) Whenever a party has the right or is required to perform some act or to take some action within a prescribed period after service of a Commission document upon it, and the document was served by overnight delivery, the deadline shall be computed by adding one day to the end of the prescribed period, unless the Commission, the administrative law judge, or another section of this part specifically provides otherwise. (d) ‘‘Overnight delivery’’ is defined as delivery by the next business day. I 3. Amend § 210.7 by revising paragraph (a) to read as follows: sroberts on PROD1PC70 with RULES § 210.7 Service of process and other documents; publication of notices. (a) Manner of service. (1) The service of process and all documents issued by or on behalf of the Commission or the administrative law judge—and the service of all documents issued by parties under §§ 210.27 through 210.34 of this part—shall be in accordance with § 201.16 of this chapter, unless the Commission, the administrative law judge, or this or another section of this part specifically provides otherwise. (2) The service of all initial determinations as defined in § 210.42 and all documents containing confidential business information— issued by or on behalf of the Commission or the administrative law judge—on a private party shall be effected by serving a copy of the document by overnight delivery—as defined in § 210.6(d)—on the person to be served, on a member of the partnership to be served, on the president, secretary, other executive officer, or member of the board of directors of the corporation, association, or other organization to be served, or, if an attorney represents any of the above before the Commission, by serving a copy by overnight delivery on such attorney. * * * * * VerDate Aug<31>2005 18:36 Mar 22, 2007 Jkt 211001 Issued: March 15, 2007. By Order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–5177 Filed 3–22–07; 8:45 am] of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains the list of approved viticultural areas. BILLING CODE 7020–02–P Definition DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [T.D. TTB–60; Re: Notice No. 58] RIN: 1513–AB18 Green Valley of Russian River Valley Viticultural Area (2005R–412P) Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. AGENCY: SUMMARY: This Treasury decision renames the ‘‘Sonoma County Green Valley’’ viticultural area in northern California as the ‘‘Green Valley of Russian River Valley’’ viticultural area. This decision does not affect the location, size, or boundary of the viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. DATES: Effective Dates: This final rule is effective on April 23, 2007. Wine bottlers may continue to use approved labels bearing the former viticultural area name until April 23, 2009. FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., No. 158, Petaluma, California 94952; telephone 415–271–1254. SUPPLEMENTARY INFORMATION: Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (the FAA Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels provide consumers with adequate information regarding product identity and prohibits the use of misleading information on those labels. The FAA Act also authorizes the Secretary of the Treasury to issue regulations to carry out its provisions. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers these regulations. Part 4 of the TTB regulations (27 CFR part 4) allows the establishment of definitive viticultural areas and the use PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region distinguishable by geographical features, the boundaries of which have been recognized and defined in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to its geographical origin. The establishment of viticultural areas allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of a viticultural area is neither an approval nor an endorsement by TTB of the wine produced in that area. Requirements Section 4.25(e)(2) of the TTB regulations outlines the procedure for proposing an American viticultural area and provides that any interested party may petition TTB to establish a grapegrowing region as a viticultural area. Petitioners may use the same procedure to request changes involving existing viticultural areas. Section 9.3(b) of the TTB regulations requires the petition to include— • Evidence that the proposed viticultural area is locally and/or nationally known by the name specified in the petition; • Historical or current evidence that supports setting the boundary of the proposed viticultural area as the petition specifies; • Evidence relating to the geographical features, such as climate, soils, elevation, and physical features, that distinguish the proposed viticultural area from surrounding areas; • A description of the specific boundary of the proposed viticultural area, based on features found on United States Geological Survey (USGS) maps; and • A copy of the appropriate USGS map(s) with the proposed viticultural area’s boundary prominently marked. A petition requesting a change to an established viticultural area must include the appropriate evidence described above to support the requested change. E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Rules and Regulations]
[Pages 13689-13690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5177]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 210


Adjudication and Enforcement

AGENCY: U.S. International Trade Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. International Trade Commission is adopting as a final 
rule the proposed rulemaking that revised certain provisions of the 
agency's rules for investigations and related proceedings under section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) to provide for services 
of certain Commission documents by overnight delivery and provide one 
additional day to respond to Commission documents served by overnight 
delivery. These rules will ensure effective service of Commission 
documents on private parties in section 337 investigations and related 
proceedings.

DATES: Effective Date: March 23, 2007.
    Applicability Date: The Commission will adopt procedures to 
implement the rules changes on April 2, 2007.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. General 
information concerning the Commission may be obtained by accessing its 
Internet server (http://www.usitc.gov). Hearing-impaired persons are 
advised that information on the final rulemaking can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: On December 8, 2006 (71 FR 71113), the 
Commission published a proposed rulemaking that would revise the text 
of Sec.  210.6 by dividing the current text and designating the 
portions as paragraphs (a) and (b), adding a new paragraph (c), which 
provides that a party shall be given one additional day to respond to a 
Commission document when served by overnight delivery, and adding 
another new paragraph (d), which defines ``overnight delivery''; and 
amending the text of Sec.  210.7 by revising and redesignating 
paragraph 210.7(a) as paragraph (a)(1) and adding new paragraph (a)(2).
    The sixty day public comment period for the proposed rulemaking 
closed on February 6, 2007. The Commission received one set of 
comments, from the ITC Trial Lawyers Association (ITCTLA), in response 
to the proposed rulemaking. The Commission has considered the ITCTLA 
comments to expand the scope of documents to be served by overnight 
delivery to include additional categories of documents. The 
Commission's response to these comments is that the Commission will 
consider whether to expand its procedures to include other types of 
documents after it has gained experience with the new service 
procedures. Thus, the Commission is adopting the proposed rule as a 
final rule without any changes.

Regulatory Analysis

    The Commission has determined that the final 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 rulemaking is required under 5 U.S.C. 553(b) or any other 
statute. Although the Commission has chosen to publish a notice of 
final 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 final 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 final 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 final 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.
    The amendments are not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), since they do not contain any 
new information collection requirements.

List of Subjects in 19 CFR Part 210

    Administration practice and procedure, Business and industry, 
Customs duties and inspection, Imports, and Investigations.

0
For the reasons discussed in the supplementary information, the United 
States International Trade Commission amends 19 CFR part 210 as 
follows:

PART 210--ADJUDICATION AND ENFORCEMENT

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 19 U.S.C. 1333, 1335, and 1337.


0
2. Revise Sec.  210.6 to read as follows:


Sec.  210.6  Computation of time, additional hearings, postponements, 
continuances, and extensions of time.

    (a) Unless the Commission, the administrative law judge, or this or 
another section of this part specifically

[[Page 13690]]

provides otherwise, the computation of time and the granting of 
additional hearings, postponements, continuances, and extensions of 
time shall be in accordance with Sec. Sec.  210.14 and 210.16(d) of 
this chapter.
    (b) Whenever a party has the right or is required to perform some 
act or to take some action within a prescribed period after service of 
a document upon it, and the document was served by mail, the deadline 
shall be computed by adding to the end of the prescribed period the 
additional time allotted under Sec.  210.16(d), unless the Commission, 
the administrative law judge, or another section of this part 
specifically provides otherwise.
    (c) Whenever a party has the right or is required to perform some 
act or to take some action within a prescribed period after service of 
a Commission document upon it, and the document was served by overnight 
delivery, the deadline shall be computed by adding one day to the end 
of the prescribed period, unless the Commission, the administrative law 
judge, or another section of this part specifically provides otherwise.
    (d) ``Overnight delivery'' is defined as delivery by the next 
business day.

0
3. Amend Sec.  210.7 by revising paragraph (a) to read as follows:


Sec.  210.7  Service of process and other documents; publication of 
notices.

    (a) Manner of service. (1) The service of process and all documents 
issued by or on behalf of the Commission or the administrative law 
judge--and the service of all documents issued by parties under 
Sec. Sec.  210.27 through 210.34 of this part--shall be in accordance 
with Sec.  201.16 of this chapter, unless the Commission, the 
administrative law judge, or this or another section of this part 
specifically provides otherwise.
    (2) The service of all initial determinations as defined in Sec.  
210.42 and all documents containing confidential business information--
issued by or on behalf of the Commission or the administrative law 
judge--on a private party shall be effected by serving a copy of the 
document by overnight delivery--as defined in Sec.  210.6(d)--on the 
person to be served, on a member of the partnership to be served, on 
the president, secretary, other executive officer, or member of the 
board of directors of the corporation, association, or other 
organization to be served, or, if an attorney represents any of the 
above before the Commission, by serving a copy by overnight delivery on 
such attorney.
* * * * *

    Issued: March 15, 2007.

    By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-5177 Filed 3-22-07; 8:45 am]
BILLING CODE 7020-02-P