Establishment of a Petition Process To Review the Eligibility of Countries Under the African Growth and Opportunity Act (AGOA), 14716-14718 [2016-06127]
Download as PDF
<![CDATA[
14716
Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations
(m) Related Information
For more information about this AD,
contact Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM–120L,
FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Blvd.,
Lakewood, CA 90712–4137; phone: 562–627–
5264; fax: 562–627–5210; email:
jennifer.tsakoumakis@faa.gov.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com.
(4) You may view this 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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
Constance_Hamilton@ustr.eop.gov or
202–395–9514.
SUPPLEMENTARY INFORMATION:
I. Background
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
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 subSaharan 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.
15 CFR Part 2017
II. Analysis of the Interim Final Rule
Issued in Renton, Washington, on March 7,
2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–05842 Filed 3–17–16; 8:45 am]
BILLING CODE 4910–13–P
[Docket Number USTR–2016–0002]
RIN 0350–AA07
asabaliauskas on DSK3SPTVN1PROD with RULES
Establishment of a Petition Process To
Review the Eligibility of Countries
Under the African Growth and
Opportunity Act (AGOA)
Office of the United States
Trade Representative.
ACTION: Interim final rule with request
for comments.
AGENCY:
The Trade Preferences
Extension Act of 2015 (TPEA) requires
the President to establish a petition
process to review the eligibility of
SUMMARY:
VerDate Sep<11>2014
18:10 Mar 17, 2016
Jkt 238001
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 subSaharan African country meets the
eligibility requirements in section 104 of
the AGOA and the eligibility criteria in
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 https://www.regulations.gov. USTR
will not accept hand-delivered
submissions. To make a submission
using https://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
E:\FR\FM\18MRR1.SGM
18MRR1
Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations
on the link entitled ‘‘Comment Now.’’
The https://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 https://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 https://
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 nonconfidential version will be placed in
the docket and open to public
inspection.
asabaliauskas on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
18:10 Mar 17, 2016
Jkt 238001
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.
■ 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
§ 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.
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
§ 2017.1
14717
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-ofcycle 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.
§ 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
E:\FR\FM\18MRR1.SGM
18MRR1
14718
Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations
circumstances warranting an out-ofcycle 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.
§ 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.
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 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
VerDate Sep<11>2014
18:10 Mar 17, 2016
Jkt 238001
petitioner also must submit a nonconfidential 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.
§ 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
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 189 and 700
[Docket No. FDA–2004–N–0188; (Formerly
2004N–0081)]
RIN 0910–AF47
Use of Materials Derived From Cattle in
Human Food and Cosmetics
AGENCY:
Food and Drug Administration,
HHS.
Final rule; adoption of interim
final rule as final with amendments.
ACTION:
The Food and Drug
Administration (FDA or we) is issuing a
final rule prohibiting the use of certain
cattle material to address the potential
risk of bovine spongiform
encephalopathy (BSE) in human food,
including dietary supplements, and
cosmetics. We have designated the
following items as prohibited cattle
materials: Specified risk materials
(SRMs), the small intestine from all
cattle (unless the distal ileum has been
removed), material from nonambulatory
disabled cattle, material from cattle not
inspected and passed, or mechanically
separated (MS) (Beef). We are taking this
action to minimize human exposure to
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
certain cattle material that could
potentially contain the BSE agent.
DATES: This final rule is effective on
April 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Johnny Braddy, Center for Food Safety
and Applied Nutrition (HFS–315), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740,
240–402–1709.
SUPPLEMENTARY INFORMATION:
Executive Summary
A. Purpose of the Rule
BSE is a fatal neurological disorder of
cattle that has a long incubation period
(2 to 8 years). It is transmitted when
cattle ingest protein meal containing the
BSE infectious agent. Cattle affected by
BSE are usually apart from the herd and
will show progressively deteriorating
behavioral and neurological signs. Cattle
will react excessively to noise or touch
and will eventually stumble, fall, and
experience seizures, coma, and death.
Studies have linked variant CreutzfeldtJakob disease (vCJD) in humans to
exposure to the BSE agent, most likely
through human consumption of beef
products contaminated with the BSE
agent. There is no known treatment of
vCJD, and it is invariably fatal.
The final rule completes a rulemaking
process that began with an interim final
rule (IFR) in 2004 and was followed by
IFRs in 2005 and 2008. The final rule
establishes measures to prohibit the use
of certain cattle material in FDAregulated human food and cosmetics to
address the potential risk of BSE.
Because the United States has had
measures in place to prevent the
introduction and spread of BSE,
including those affirmed in this rule, the
risk of human exposure to the BSE agent
from FDA-regulated human food and
cosmetics is negligible.
B. Legal Authority
We are issuing these regulations
under the adulteration provisions in
sections 402, 409, 601, and under
section 701 (21 U.S.C. 342, 348, 361,
and 371) of the Federal Food, Drug, and
Cosmetic Act (FD&C Act).
C. Summary of the Major Provisions of
the Rule
The final rule provides definitions for
prohibited cattle materials and prohibits
their use in human food, dietary
supplements, and cosmetics, to address
the potential risk of BSE. We designate
the following items as prohibited cattle
materials: SRMs, the small intestine
from all cattle unless the distal ileum
has been properly removed, material
from nonambulatory disabled cattle,
E:\FR\FM\18MRR1.SGM
18MRR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
Constance_Hamilton@ustr.eop.gov 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 https://www.regulations.gov. USTR will not accept
hand-delivered submissions. To make a submission using https://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 https://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 https://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 https://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
