Rules of General Application, 21658-21661 [2014-08699]
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules
(1) If the tee section is replaced with an
improved tee section listed in paragraph (h)
of this AD, prior to the accumulation of
70,000 flight cycles after installation, inspect
the tee section in accordance with paragraph
(h) of this AD and do all applicable corrective
actions and repetitive inspections in
accordance with and at the times specified in
paragraphs (j) and (k) of this AD.
(2) If the tee section is replaced with an
original tee section listed in paragraph (k) of
this AD, prior to the accumulation of 35,000
flight cycles after installation, inspect the tee
section in accordance with paragraph (h) of
this AD and do all applicable corrective
actions and repetitive inspections in
accordance with and at the times specified in
paragraphs (j) and (k) of this AD.
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (m)(1) of this AD. Information may
be emailed to: 9-ANM-LAACO-AMOCREQUESTS@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
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(m) Related Information
(1) For more information about this AD,
contact Eric Schrieber, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles Aircraft Certification Office, 3960
Paramount Boulevard, Lakewood, CA 90712–
4137; phone: 562–627–5348; fax: 562–627–
5210; email: eric.schrieber@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, 3855 Lakewood Boulevard, MC
D800–0019, Long Beach, CA 90846–0001;
telephone 206–544–5000, extension 2; fax
206–766–5683; Internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
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Issued in Renton, Washington, on April 7,
2014.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–08730 Filed 4–16–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 120809321–3716–02]
RIN 0648–BC26
Gulf of the Farallones and Monterey
Bay National Marine Sanctuaries
Regulations on Introduced Species
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Re-opening of public comment
period.
AGENCY:
On March 18, 2013 (78 FR
16622), NOAA proposed to prohibit the
introduction of introduced species into
the state waters of Gulf of the Farallones
and Monterey Bay national marine
sanctuaries (GFNMS and MBNMS,
respectively). On March 27, 2014 (79 FR
17073) NOAA proposed to amend the
March 2013 proposed rule to allow
GFNMS and MBNMS to authorize
certain introduced species of shellfish
from commercial mariculture projects in
all state waters of the sanctuaries. The
comment period on this amendment
closed on April 11, 2014. In response to
significant public interest in this
amended proposed action, NOAA is reopening the public comment period
until May 5, 2014.
DATES: NOAA will accept public
comments on the proposed rule
published at 79 FR 17073 (March 27,
2014) through May 5, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NOS–2012–0113, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NOS-20120113, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Dave Lott, Regional Operations
Coordinator, West Coast Region, Office
SUMMARY:
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of National Marine Sanctuaries, 99
Pacific Street, STE100F, Monterey, CA
93940.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NOAA. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NOAA will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Dave Lott, Regional Operations
Coordinator, West Coast Region, Office
of National Marine Sanctuaries, 99
Pacific Street, STE100F, Monterey, CA
93940. 831–647–1920.
Dated: April 9, 2014.
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries.
[FR Doc. 2014–08729 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–NK–P
INTERNATIONAL TRADE
COMMISSION
19 CFR Part 201
Rules of General Application
International Trade
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The United States
International Trade Commission
(‘‘Commission’’) proposes to amend
provisions of its Rules of Practice and
Procedure concerning national security
information. The proposed amendments
seek to ensure that the Commission’s
procedures with respect to national
security information are consistent with
applicable authorities.
DATES: To be assured of consideration,
written comments must be received by
5:15 p.m. on June 16, 2014.
ADDRESSES: You may submit comments,
identified by docket number MISC–043,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Agency Web site: https://
edis.usitc.gov. Follow the instructions
SUMMARY:
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules
for submitting comments on the Web
site.
Mail: For paper submission. U.S.
International Trade Commission, 500 E
Street SW., Room 112A, Washington,
DC 20436.
Hand Delivery/Courier: U.S.
International Trade Commission, 500 E
Street SW., Room 112A, Washington,
DC 20436. Deliveries must be made
during the hours of 8:45 a.m. to 5:15
p.m.
Instructions: All submissions received
must include the agency name and
docket number (MISC–043), along with
a cover letter stating the nature of the
commenter’s interest in the proposed
rulemaking. All comments received will
be posted without change to https://
edis.usitc.gov, including any personal
information provided. For paper copies,
a signed original and 14 copies of each
set of comments should be submitted to
Lisa R. Barton, Acting Secretary, U.S.
International Trade Commission, 500 E
Street SW., Room 112A, Washington,
DC 20436.
Docket: For access to the docket to
read background documents or
comments received, go to https://
edis.usitc.gov and/or the U.S.
International Trade Commission, 500 E
Street SW., Room 112A, Washington,
DC 20436.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Acting 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: The
preamble below is designed to assist
readers in understanding these
proposed amendments to the
Commission’s Rules. This preamble
provides background information, a
section-by-section explanation of the
proposed amendments, and a regulatory
analysis of the proposed amendments.
The Commission encourages members
of the public to comment on the
proposed amendments as well as on
whether the language of the proposed
amendments is sufficiently clear for
users to understand.
Background
Section 335 of the Tariff Act of 1930
(19 U.S.C. 1335) authorizes the
Commission to adopt such reasonable
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procedures, rules, and regulations as it
deems necessary to carry out its
functions and duties. This rulemaking
seeks to improve provisions of the
Commission’s existing Rules of Practice
and Procedure. The Commission
proposes amendments to its rules
concerning national security
information. The Commission invites
the public to comment on all of these
proposed rules amendments. In any
comments, please consider addressing
whether the language of the proposed
amendments is sufficiently clear for
users to understand. In addition please
consider addressing how the proposed
rules amendments could be improved,
and/or offering specific constructive
alternatives where appropriate.
Consistent with its ordinary practice,
the Commission is issuing these
proposed amendments in accordance
with provisions of section 553 of the
Administrative Procedure Act (‘‘APA’’)
(5 U.S.C. 553), although such provisions
are not mandatory with respect to this
rulemaking. The APA procedure entails
the following steps: (1) Publication of a
notice of proposed rulemaking; (2)
solicitation of public comments on the
proposed amendments; (3) Commission
review of public comments on the
proposed amendments; and (4)
publication of final amendments at least
thirty days prior to their effective date.
The Commission proposes to revise
subpart F of part 201 to ensure that its
rules relating to national security
information are consistent with
Executive Order 13526 of December 29,
2009, ‘‘Classified National Security
Information’’ (75 FR 707, Jan. 5, 2010),
and its implementing directive, 32 CFR
part 2001. The current subpart F
includes three sections: 201.42
(‘‘Purpose and scope’’), 201.43
(‘‘Program’’), and 201.44 (‘‘Procedures’’).
As more fully discussed below, the
proposed amendments would make
non-substantive revisions to section
201.42; eliminate existing section
201.43 and subsections 201.44(b)
through (f); and update existing
subsection 201.44(a) and move it into
section 201.43.
Pursuant to 5.2(b)(3) of the Executive
Order, these proposed rules were
submitted to the Director of the
Information Security Oversight Office
(‘‘ISOO’’), and, on XX, that office
approved their issuance.
Section-by-Section Analysis
Section 201.42 would be revised to
include updated citations to the
Executive Order.
Section 201.43 would be revised to
replace the existing text with an
updated version of section 201.44(a).
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Sections 5.2(b)(3) and 5.4(d)(2) of the
Executive Order require that an agency
publish in the Federal Register
implementing regulations that affect the
public. The provisions of existing
section 201.43 (‘‘Program’’) do not affect
members of the public.
Section 3.5(e) of the Executive Order
requires an agency to ‘‘develop
procedures to process requests for the
mandatory review of classified
information’’ in conformance with
ISOO’s implementing directive.
Proposed revised section 201.43 would
update and expand the Commission’s
procedures to conform to the
requirements of the Executive Order and
applicable ISOO regulations (32 CFR
2001.33).
Proposed subsection 201.43(a)
updates the requirement that a
mandatory declassification review
(‘‘MDR’’) request must describe the
material sought with sufficient
specificity, and adds a process for
responding to non-specific requests. The
proposed subsection adds the mailing
address for the Secretary to the
Commission. Proposed subsection
201.43(b) would expand the material in
the current regulation that distinguishes
MDR requests from Freedom of
Information Act requests. Proposed
revised subsections 201.43(c), (d), and
(e) establish procedures for referrals of
requests, handling requests for foreign
government information, and appeals,
respectively.
Section 201.44 would be removed
because, aside from the text to be moved
into section 201.43, the provisions of
section 201.44 do not affect the public.
The omitted subsections are: 201.44(b)
(‘‘Safeguarding’’), (c) (‘‘Reproduction’’),
(d) (‘‘Storage’’), (e) (‘‘Employee
education’’), and (f) (‘‘Agency
terminology’’).
Regulatory Analysis of Proposed
Amendments to the Commission’s Rules
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
has chosen to publish a notice of
proposed 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). Moreover,
the Commission certifies that the
proposed rules amendments will not
have a significant economic impact on
a substantial number of small entities.
The proposed rules amendments do
not contain any information collection
requirements subject to the provisions
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules
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 the proposed rules
amendments 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
the proposed rules amendments do not
constitute a ‘‘significant regulatory
action’’ under section 3(f) of Executive
Order 12866 (58 FR 51735, October 4,
1993).
The proposed rules amendments do
not have federalism implications
warranting the preparation of a
federalism summary impact statement
under Executive Order 13132 (64 FR
43255, August 4, 1999).
The proposed rules amendments 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
proposes to amend 19 CFR part 201 as
follows:
PART 201—RULES OF GENERAL
APPLICATION
1. Revise the authority citation for
subpart F of part 201 to read as follows:
■
Authority: 19 U.S.C. 1335; E.O. 13256, 75
FR 707.
■
2. Revise subpart F to read as follows:
Subpart F—National Security
Information
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§ 201.42
Purpose and scope.
The following regulation supplements
Executive Order 13526 of December 29,
2009, 75 FR 707, and its implementing
directive (32 CFR part 2001) as it
applies to the Commission.
§ 201.43
review.
Mandatory declassification
(a) Requests for mandatory
declassification review. (1) Definitions.
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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
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
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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
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules
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.
By order of the Commission.
Issued: April 11, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014–08699 Filed 4–16–14; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
Table of Acronyms
[Docket Number USCG–2014–0005]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RIN 1625–AA08
Special Local Regulations; Beaufort
Water Festival, Beaufort, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation
pertaining to the Beaufort Water Festival
from 11:30 a.m. through 4:30 p.m. on
July 19, 2014. This action is necessary
to ensure safety of life on navigable
waters of the United States during the
Beaufort Water Festival Air Show.
During the enforcement period, the
special local regulation establishes a
regulated area which all people and
vessels will be prohibited from entering,
transiting through, anchoring, or
remaining within. Vessels may enter,
transit through, anchor in, or remain
within the area if authorized by the
Captain of the Port Charleston or a
designated representative.
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SUMMARY:
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Comments and related material
must be received by the Coast Guard on
or before May 19, 2014. Requests for
public meetings must be received by the
Coast Guard on or before April 04, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Warrant Officer Christopher
Ruleman, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843)–740–3184, email
Christopher.L.Ruleman@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Jkt 232001
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
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21661
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0005] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0005) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
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17APP1
]]>Agencies
[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Proposed Rules]
[Pages 21658-21661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08699]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 201
Rules of General Application
AGENCY: International Trade Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States International Trade Commission
(``Commission'') proposes to amend provisions of its Rules of Practice
and Procedure concerning national security information. The proposed
amendments seek to ensure that the Commission's procedures with respect
to national security information are consistent with applicable
authorities.
DATES: To be assured of consideration, written comments must be
received by 5:15 p.m. on June 16, 2014.
ADDRESSES: You may submit comments, identified by docket number MISC-
043, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Agency Web site: https://edis.usitc.gov. Follow the instructions
[[Page 21659]]
for submitting comments on the Web site.
Mail: For paper submission. U.S. International Trade Commission,
500 E Street SW., Room 112A, Washington, DC 20436.
Hand Delivery/Courier: U.S. International Trade Commission, 500 E
Street SW., Room 112A, Washington, DC 20436. Deliveries must be made
during the hours of 8:45 a.m. to 5:15 p.m.
Instructions: All submissions received must include the agency name
and docket number (MISC-043), along with a cover letter stating the
nature of the commenter's interest in the proposed rulemaking. All
comments received will be posted without change to https://edis.usitc.gov, including any personal information provided. For paper
copies, a signed original and 14 copies of each set of comments should
be submitted to Lisa R. Barton, Acting Secretary, U.S. International
Trade Commission, 500 E Street SW., Room 112A, Washington, DC 20436.
Docket: For access to the docket to read background documents or
comments received, go to https://edis.usitc.gov and/or the U.S.
International Trade Commission, 500 E Street SW., Room 112A,
Washington, DC 20436.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting 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: The preamble below is designed to assist
readers in understanding these proposed amendments to the Commission's
Rules. This preamble provides background information, a section-by-
section explanation of the proposed amendments, and a regulatory
analysis of the proposed amendments. The Commission encourages members
of the public to comment on the proposed amendments as well as on
whether the language of the proposed amendments is sufficiently clear
for users to understand.
Background
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 seeks to improve provisions of the Commission's
existing Rules of Practice and Procedure. The Commission proposes
amendments to its rules concerning national security information. The
Commission invites the public to comment on all of these proposed rules
amendments. In any comments, please consider addressing whether the
language of the proposed amendments is sufficiently clear for users to
understand. In addition please consider addressing how the proposed
rules amendments could be improved, and/or offering specific
constructive alternatives where appropriate.
Consistent with its ordinary practice, the Commission is issuing
these proposed amendments in accordance with provisions of section 553
of the Administrative Procedure Act (``APA'') (5 U.S.C. 553), although
such provisions are not mandatory with respect to this rulemaking. The
APA procedure entails the following steps: (1) Publication of a notice
of proposed rulemaking; (2) solicitation of public comments on the
proposed amendments; (3) Commission review of public comments on the
proposed amendments; and (4) publication of final amendments at least
thirty days prior to their effective date.
The Commission proposes to revise subpart F of part 201 to ensure
that its rules relating to national security information are consistent
with Executive Order 13526 of December 29, 2009, ``Classified National
Security Information'' (75 FR 707, Jan. 5, 2010), and its implementing
directive, 32 CFR part 2001. The current subpart F includes three
sections: 201.42 (``Purpose and scope''), 201.43 (``Program''), and
201.44 (``Procedures''). As more fully discussed below, the proposed
amendments would make non-substantive revisions to section 201.42;
eliminate existing section 201.43 and subsections 201.44(b) through
(f); and update existing subsection 201.44(a) and move it into section
201.43.
Pursuant to 5.2(b)(3) of the Executive Order, these proposed rules
were submitted to the Director of the Information Security Oversight
Office (``ISOO''), and, on XX, that office approved their issuance.
Section-by-Section Analysis
Section 201.42 would be revised to include updated citations to the
Executive Order.
Section 201.43 would be revised to replace the existing text with
an updated version of section 201.44(a). Sections 5.2(b)(3) and
5.4(d)(2) of the Executive Order require that an agency publish in the
Federal Register implementing regulations that affect the public. The
provisions of existing section 201.43 (``Program'') do not affect
members of the public.
Section 3.5(e) of the Executive Order requires an agency to
``develop procedures to process requests for the mandatory review of
classified information'' in conformance with ISOO's implementing
directive. Proposed revised section 201.43 would update and expand the
Commission's procedures to conform to the requirements of the Executive
Order and applicable ISOO regulations (32 CFR 2001.33).
Proposed subsection 201.43(a) updates the requirement that a
mandatory declassification review (``MDR'') request must describe the
material sought with sufficient specificity, and adds a process for
responding to non-specific requests. The proposed subsection adds the
mailing address for the Secretary to the Commission. Proposed
subsection 201.43(b) would expand the material in the current
regulation that distinguishes MDR requests from Freedom of Information
Act requests. Proposed revised subsections 201.43(c), (d), and (e)
establish procedures for referrals of requests, handling requests for
foreign government information, and appeals, respectively.
Section 201.44 would be removed because, aside from the text to be
moved into section 201.43, the provisions of section 201.44 do not
affect the public. The omitted subsections are: 201.44(b)
(``Safeguarding''), (c) (``Reproduction''), (d) (``Storage''), (e)
(``Employee education''), and (f) (``Agency terminology'').
Regulatory Analysis of Proposed Amendments to the Commission's Rules
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 has chosen to publish a notice
of proposed 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). Moreover, the Commission
certifies that the proposed rules amendments will not have a
significant economic impact on a substantial number of small entities.
The proposed rules amendments do not contain any information
collection requirements subject to the provisions
[[Page 21660]]
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 the
proposed rules amendments 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 the proposed rules amendments do
not constitute a ``significant regulatory action'' under section 3(f)
of Executive Order 12866 (58 FR 51735, October 4, 1993).
The proposed rules amendments do not have federalism implications
warranting the preparation of a federalism summary impact statement
under Executive Order 13132 (64 FR 43255, August 4, 1999).
The proposed rules amendments 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 proposes to amend 19 CFR part 201 as
follows:
PART 201--RULES OF GENERAL APPLICATION
0
1. Revise the authority citation for subpart F of part 201 to read as
follows:
Authority: 19 U.S.C. 1335; E.O. 13256, 75 FR 707.
0
2. Revise subpart F to read as follows:
Subpart F--National Security Information
Sec. 201.42 Purpose and scope.
The following regulation supplements Executive Order 13526 of
December 29, 2009, 75 FR 707, 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 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
[[Page 21661]]
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.
By order of the Commission.
Issued: April 11, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-08699 Filed 4-16-14; 8:45 am]
BILLING CODE 7020-02-P
