Passenger Vehicle and Light Truck Tires From China; Determinations, 9084-9085 [2021-02801]

Download as PDF 9084 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES ‘‘covered individuals’’ with a ‘‘need to know’’. Pursuant to the requirements in Section 525(d) of the DHS Appropriations Act, 2007, Public Law 109–295, 120 Stat 1355, 1382, Oct. 4, 2006, as reenacted,1 TSA established a process allowing access to SSI in a civil proceeding in federal district court for party or party’s counsel that demonstrates a substantial need for relevant SSI in preparation of the party’s case.2 In such cases, TSA may grant court reporters and experts access to the SSI under similar terms and conditions. Under 49 CFR 1520.11 and 1520.15, TSA has also extended the use for security background checks to include other individuals, including a prospective bidder who is seeking to submit a proposal in response to a request for proposal issued by TSA; an individual involved in the performance of contractual agreements (e.g., bailments) or other transaction agreements, or an individual receiving access to SSI as a conditional disclosure under 49 CFR 1520.15(e). Under 49 CFR 1520.11(c), TSA may make an individual’s access to SSI contingent upon satisfactory completion of a security threat assessment (STA), including evaluation of a criminal history records check (CHRC); and/or a name-based check against federal law enforcement, terrorism, and immigration databases; and/or other procedures and requirements for safeguarding SSI that are satisfactory to 1 Consolidated and Further Continuing Appropriations Act, 2013, Public Law 113–6, Div. D., Title V., sec. 510 (March 26, 2013). 2 That in civil proceedings in the United States District Courts, where a party seeking access to SSI demonstrates that the party has substantial need of relevant SSI in the preparation of the party’s case and that the party is unable without undue hardship to obtain the substantial equivalent of the information by other means, the party or party’s counsel shall be designated as a covered person under 49 CFR part 1520.7 in order to have access to the SSI at issue in the case, provided that the overseeing judge enters an order that protects the SSI from unauthorized or unnecessary disclosure and specifies the terms and conditions of access, unless upon completion of a criminal history check and terrorist assessment like that done for aviation workers on the persons seeking access to SSI, or based on the sensitivity of the information, the Transportation Security Administration or DHS demonstrates that such access to the information for the proceeding presents a risk of harm to the nation: Provided, That notwithstanding any other provision of law, an order granting access to SSI under this section shall be immediately appealable to the United States Courts of Appeals, which shall have plenary review over both the evidentiary finding and the sufficiency of the order specifying the terms and conditions of access to the SSI in question: Provided further, That notwithstanding any other provision of law, the Secretary may assess a civil penalty of up to $50,000 for each violation of 49 CFR part 1520 by persons provided access to SSI under this provision. VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 TSA. See also 49 U.S.C. 114(f)(4). To conduct this security background check, TSA collects identifying information, an explanation supporting the individuals’ need for the information, and other information related to safeguarding SSI to conduct the STAs. For individuals who have received a comparable STA from TSA (such as being a member of the TSA PreCheck® Application Program), TSA may also use the known traveler number issued by TSA to inform an individual’s eligibility to access SSI, or otherwise honor the comparable STA. TSA uses the results of the STA to make a final determination on whether the individual may be granted access to SSI. TSA also uses the information as part of its determination as to whether provision of access to specific SSI would present a risk of harm to the nation. To address program needs, TSA is revising the information collection. In particular, TSA is revising TSA Form 2211. The form entitled SSI Access Threat Assessment Questionnaire will now become two forms: TSA Form 2817A for court proceedings and TSA Form 2817B for standard use. The data points now consist of identifying information, including, but not limited to, full name (including any aliases), date of birth, place of birth, gender, Social Security Number (optional), employer name (optional); country of citizenship, Known Traveler Number, level of clearance and date granted and information regarding the need for the information (litigant, bidder, etc.). In addition to the information required for conducting background checks, TSA requires contract bidders to provide a certification from each company/entity that its employees/ personnel who are provided access to SSI are properly trained; a NonDisclosure Agreement for each individual who is granted access to SSI; and an affirmation that each company/ entity will designate a Senior Official who can certify that all appropriate protections will be followed, only authorized individuals will have access to the sensitive information, and that those individuals adequately understand their responsibilities to protect the information. TSA may also require these features for other contractual agreements (e.g., bailments), participants other transaction agreements, or those who receive other conditional SSI disclosures on a caseby-case basis. In the case of a party seeking access to SSI in a civil proceeding in federal court, TSA will gather the information required for individual vetting, PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 including fingerprinting to conduct a CHRC and also require these individuals to respond to questions to verify individuals’ history in safeguarding sensitive information, including good standing with bar membership or sanctions; and to agree to abide by TSA instructions concerning the handling of SSI in connection with the court proceeding. TSA is also revising the collection to allow individuals who have recently (i.e., within 2 years or as determined appropriate by the program office) successfully undergone a federal background investigation (i.e., Tier 1) or hold an active security clearance granting access to classified national security information to facilitate the STA. TSA will use this information as part of its determination as to whether provision of access to specific SSI would be detrimental to transportation security. Number of Respondents: 263. Estimated Annual Burden Hours: An estimated 104.53 hours annually.3 Dated: February 5, 2021. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Information Technology. [FR Doc. 2021–02806 Filed 2–10–21; 8:45 am] BILLING CODE 9110–05–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–522 and 731– TA–1258 (Review)] Passenger Vehicle and Light Truck Tires From China; Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping and countervailing duty orders on passenger vehicle and light truck tires from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.2 Background The Commission instituted these reviews on July 1, 2020 (85 FR 39581) 3 In the 60-day notice, the estimated annual burden was listed as 275 hours. TSA is now adjusting the estimate to 104.53 annual hours through the use of actual data. 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner David S. Johanson dissenting. E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices and determined on October 5, 2020 that it would conduct expedited reviews (86 FR 2456, January 12, 2021). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on February 5, 2021. The views of the Commission are contained in USITC Publication 5158 (February 2021), entitled Passenger Vehicle and Light Truck Tires from China: Investigation Nos. 701–TA–522 and 731–TA–1258 (Review). By order of the Commission. Issued: February 5, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–02801 Filed 2–10–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1190] Certain Wearable Monitoring Devices, Systems, and Components Thereof; Notice of Request for Submissions on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on February 4, 2021, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202)708–2310. Copies of nonconfidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https:// www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation, specifically: A limited exclusion order directed to certain wearable monitoring devices, systems, and components thereof imported, sold for importation, and/or sold after importation by respondents Fitbit, Inc. (‘‘Fitbit’’) of San Francisco, California; Garmin International, Inc. and Garmin USA, Inc. (‘‘the domestic Garmin Respondents’’), both of Olathe, Kansas; Garmin Ltd. d/ b/a Garmin Switzerland GmbH of Schaffhausen, Switzerland; Ingram Micro Inc. of Irvine, California; Maintek Computer (Suzhou) Co., Ltd. of Jiangsu Province, China; and Inventec Appliances (Pudong) of Shanghai, China; and cease and desist orders issue directed to the domestic Garmin Respondents and Fitbit. The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on February 4, 2021. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 9085 remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. Written submissions must be filed by the close of business on March 8, 2021. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1190’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf.). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Notices]
[Pages 9084-9085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02801]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-522 and 731-TA-1258 (Review)]


Passenger Vehicle and Light Truck Tires From China; 
Determinations

    On the basis of the record \1\ developed in the subject five-year 
reviews, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that revocation of the antidumping and countervailing duty 
orders on passenger vehicle and light truck tires from China would be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\2\
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    \1\ The record is defined in Sec.  207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner David S. Johanson dissenting.
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Background

    The Commission instituted these reviews on July 1, 2020 (85 FR 
39581)

[[Page 9085]]

and determined on October 5, 2020 that it would conduct expedited 
reviews (86 FR 2456, January 12, 2021).
    The Commission made these determinations pursuant to section 751(c) 
of the Act (19 U.S.C. 1675(c)). It completed and filed its 
determinations in these reviews on February 5, 2021. The views of the 
Commission are contained in USITC Publication 5158 (February 2021), 
entitled Passenger Vehicle and Light Truck Tires from China: 
Investigation Nos. 701-TA-522 and 731-TA-1258 (Review).

    By order of the Commission.

    Issued: February 5, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02801 Filed 2-10-21; 8:45 am]
BILLING CODE 7020-02-P