Submission for OMB Review; Comment Request, 59694-59695 [2021-23513]
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59694
Notices
Federal Register
Vol. 86, No. 206
Thursday, October 28, 2021
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Document No. AMS–ST–21–0082]
Plant Variety Protection Board Meeting
on December 14, 2021
Agricultural Marketing Service,
USDA.
ACTION: Notice of meeting.
AGENCY:
Pursuant to the Federal
Advisory Committee Act (FACA), the
Agricultural Marketing Service (AMS) is
announcing a meeting of the Plant
Variety Protection Board (Board). The
meeting is being held to discuss a
variety of topics including, but not
limited to, regulation updates,
subcommittee activities, and program
activities. The meeting is open to the
public. This notice sets forth the
schedule and location for the meeting.
DATES: Tuesday, December 14, 2021,
12:00 p.m.–3:00 p.m.
ADDRESSES: The meeting will be
conducted through teleconference.
FOR FURTHER INFORMATION CONTACT:
Jeffery Haynes, Commissioner, Plant
Variety Protection Office, USDA, AMS,
Science and Technology Program;
Telephone: (202) 720–1066; or Email:
Jeffery.Haynes@usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the provisions of section 10(a) of the
FACA (5 U.S.C., Appendix 2), this
notice informs the public that the Plant
Variety Protection Office (PVPO) is
sponsoring a meeting of the Board on
December 6, 2021. The Plant Variety
Protection Act (PVPA) (7 U.S.C. 2321 et
seq.) provides legal protection in the
form of intellectual property rights to
developers of new varieties of plants. A
certificate of Plant Variety Protection is
awarded to an owner of a crop variety
after an examination shows that it is
new, distinct from other varieties,
genetically uniform and stable through
successive generations. The term of
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protection is 20 years for most crops and
25 years for trees and vines. The PVPA
also provides for a statutory Board (7
U.S.C. 2327). The Board is composed of
14 individuals who are experts in
various areas of development and
represent the seed industry sector,
academia and government. The duties of
the Board are to: (1) Advise the
Secretary concerning the adoption of
rules and regulations to facilitate the
proper administration of the FACA; (2)
provide advisory counsel to the
Secretary on appeals concerning
decisions on applications by the PVP
Office and on requests for emergency
public-interest compulsory licenses; and
(3) advise the Secretary on any other
matters under the Regulations and Rules
of Practice and on all questions under
Section 44 of the FACA, ‘‘Public Interest
in Wide Usage’’ (7 U.S.C. 2404).
Meeting Agenda: The purpose of the
meeting will be to discuss the PVPO
2021 and 2022 program activities, the
electronic application system, and the
working group update. The Board plans
to discuss program activities that
encourage the development of new
plant varieties. The meeting will be
open to the public. Those wishing to
participate are encouraged to preregister by November 29, 2021, by
contacting Jeffery Haynes,
Commissioner, at Telephone: (202) 720–
1066; or Email: Jeffery.Haynes@
usda.gov.
Meeting Accommodation: The
meeting at USDA will provide
reasonable accommodation to
individuals with disabilities where
appropriate. If you need reasonable
accommodation to participate in this
public meeting, please notify Jeffery
Haynes at: Telephone: (202) 720–1066;
or Email: Jeffery.Haynes@usda.gov.
Determinations for reasonable
accommodation will be made on a caseby-case basis. Minutes of the meeting
will be available for public review 30
days following the meeting on the
internet at https://www.ams.usda.gov/
PVPO.
Dated: October 25, 2021.
Cikena Reid,
USDA Committee Management Officer, White
House Liaison Office, Office of the Secretary.
[FR Doc. 2021–23462 Filed 10–27–21; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments are
requested regarding; whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; ways to enhance the
quality, utility and clarity of the
information to be collected; ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Comments regarding this information
collection received by November 29,
2021 will be considered. Written
comments and recommendations for the
proposed information collection should
be submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
An agency may not conduct or
sponsor a collection of information
unless the collection information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
person are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
Office of the Chief Financial Officer
Title: Request to Change FEHB
Enrollment or to Receive Plan Brochures
for Spouse Equity/Temporary
Continuation of Coverage Enrollees/
Direct Pay Annuitants (DPRS 2809).
OMB Control Number: 0505–0024.
Summary of Collection: Title 5, U.S.
Code, chapter 89, sections 8905 and
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Notices
8905a specifies the opportunities and
conditions under which a retiree,
survivor annuitant, separated employee,
former spouse or former dependent
child of a retiree, employee, or
separated employee is eligible to change
enrollment in the Federal Employees
Health Benefits (FEHB) Program. DPRS–
2809 is completed by the enrollee to
make an open season enrollment
change.
Need and Use of the Information: The
DPRS–2809 is administered by the U.S.
Department of Agriculture’s National
Finance Center (NFC) for use by
separated employees or former spouses
and former dependent children of active
or separated employees. NFC
determines whether all conditions
permitting change in enrollment are met
and implements the enrollment change.
NFC also informs the FEHB carriers of
the action. If this information were not
collected, NFC could not comply with
the provisions of title 5, U.S. Code,
chapter 89.
Description of Respondents:
Individuals.
Number of Respondents: 45,000.
Frequency of Responses: Reporting:
Other (One time).
Total Burden Hours: 33,750.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2021–23513 Filed 10–27–21; 8:45 am]
BILLING CODE 3410–KS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
of the Antidumping Duty Order and
Notice of Amended Final Results of
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 19, 2021, the U.S.
Court of International Trade (the CIT)
issued its final judgment in Husteel Co.,
Ltd. v. United States, Consol. Court no.
19–00107, sustaining the Department of
Commerce (Commerce)’s second
remand results pertaining to the
administrative review of the
antidumping duty (AD) order on
circular welded non-alloy steel pipe
(CWP) from the Republic of Korea
(Korea). Commerce is notifying the
public that the CIT’s final judgment is
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not in harmony with Commerce’s final
results of the administrative review, and
that Commerce is amending the final
results with respect to the dumping
margin assigned to Husteel Co., Ltd.,
Hyundai Steel Company, and the nonexamined companies (SeAH Steel
Corporation and NEXTEEL Co., Ltd.).
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2631.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2019, Commerce published
its Final Results in the 2016–2017 AD
administrative review of CWP from
Korea.1 Commerce determined in the
Final Results that a particular market
situation (PMS) existed in Korea with
regard to the respondents’ purchases of
hot-rolled coil, the primary input for the
production of subject merchandise and,
accordingly, we made an adjustment to
the cost of production for the purposes
calculating normal value when based
upon home market sales and for the
purposes of the sales-below-cost test.2
Husteel Co., Ltd., Hyundai Steel
Company, SeAH Steel Corporation, and
NEXTEEL Co., Ltd. appealed
Commerce’s Final Results. On October
19, 2020, the CIT remanded the Final
Results to Commerce, holding that
Commerce does not have statutory
authority to address a PMS when
determining normal value using home
market sales by adjusting the cost of
production for purposes of the salesbelow-cost test.3
In its First Remand Redetermination,
issued in December 2020, to address the
PMS, rather than basing normal value
on home market sales, Commerce based
normal value on constructed value and
continued to make PMS adjustments to
calculate the respondents’ costs when
calculating constructed value.4 The CIT
remanded for a second time, after
granting Commerce’s request for a
partial voluntary remand to reconsider
1 See Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2016–
2017, 84 FR 26401 (June 6, 2019) (Final Results),
and accompanying Issues and Decision
Memorandum (IDM).
2 See Final Results IDM at Comment 1.
3 See Husteel Co., Ltd. v. United States, 476 F.
Supp. 3d 1363 (CIT 2020) (Husteel I).
4 See Final Results of Redetermination Pursuant
to Court Order Husteel Co., Ltd., et al. v. United
States, Court No. 19–00107, Slip Op. 20–147 (CIT
October 19, 2020), dated December 17, 2020 (First
Remand Redetermination).
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59695
its approach of basing normal value on
constructed value and making certain
PMS adjustments to address the PMS.5
In its Second Remand
Redetermination, issued in June 2021,
Commerce, under protest, determined
normal value once again using home
market sales, removed the PMS
adjustments it applied in both the Final
Results and the First Remand
Redetermination, and recalculated the
dumping margins.6 The CIT sustained
Commerce’s Second Remand
Redetermination.7
Timken Notice
In its decision in Timken,8 as clarified
by Diamond Sawblades,9 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
October 19, 2021, judgment constitutes
a final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Husteel
Co., Ltd., Hyundai Steel Company, and
the non-examined companies (SeAH
Steel Corporation and NEXTEEL Co.,
Ltd.) as follows:
5 See Husteel Co., Ltd. v. United States, 517 F.
Supp. 3d 1342, 1348 (CIT 2021) (Husteel II).
Commerce requested a partial voluntary remand in
light of the Court’s decision in Saha Thai II. See
Saha Thai Steel Pipe Pub. Co. Ltd. v. United States,
487 F. Supp. 3d 1323 (CIT 2020) (Saha Thai II). In
that case, the CIT found that ‘‘Commerce’s
exclusion of home market sales due to distortions
in the cost of production is not authorized by
statute,’’ and found that ‘‘Commerce had not met
the precondition of calculating constructed value
when it made a particular market situation
determination based on distorted cost of
production.’’ Saha Thai II, 487 F. Supp. 3d at 1331–
34. The methodology that the Court rejected in
Saha Thai II was the same methodology Commerce
had applied in the First Remand Redetermination.
6 See Final Results of Redetermination Pursuant
to Court Order Husteel Co., Ltd., et al. v. United
States, Court No. 19–00107, Slip Op. 21–51 (CIT
May 3, 2021), dated June 22, 2021 (Second Remand
Redetermination).
7 See Husteel Co., Ltd. v. United States, Consol.
Court No. 19–00107, Slip Op. 21–147 (CIT October
19, 2021) (Husteel III).
8 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
9 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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Agencies
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Pages 59694-59695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23513]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Submission for OMB Review; Comment Request
The Department of Agriculture has submitted the following
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments
are requested regarding; whether the collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; the
accuracy of the agency's estimate of burden including the validity of
the methodology and assumptions used; ways to enhance the quality,
utility and clarity of the information to be collected; ways to
minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Comments regarding this information collection received by November
29, 2021 will be considered. Written comments and recommendations for
the proposed information collection should be submitted within 30 days
of the publication of this notice on the following website
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
An agency may not conduct or sponsor a collection of information
unless the collection information displays a currently valid OMB
control number and the agency informs potential persons who are to
respond to the collection of information that such person are not
required to respond to the collection of information unless it displays
a currently valid OMB control number.
Office of the Chief Financial Officer
Title: Request to Change FEHB Enrollment or to Receive Plan
Brochures for Spouse Equity/Temporary Continuation of Coverage
Enrollees/Direct Pay Annuitants (DPRS 2809).
OMB Control Number: 0505-0024.
Summary of Collection: Title 5, U.S. Code, chapter 89, sections
8905 and
[[Page 59695]]
8905a specifies the opportunities and conditions under which a retiree,
survivor annuitant, separated employee, former spouse or former
dependent child of a retiree, employee, or separated employee is
eligible to change enrollment in the Federal Employees Health Benefits
(FEHB) Program. DPRS-2809 is completed by the enrollee to make an open
season enrollment change.
Need and Use of the Information: The DPRS-2809 is administered by
the U.S. Department of Agriculture's National Finance Center (NFC) for
use by separated employees or former spouses and former dependent
children of active or separated employees. NFC determines whether all
conditions permitting change in enrollment are met and implements the
enrollment change. NFC also informs the FEHB carriers of the action. If
this information were not collected, NFC could not comply with the
provisions of title 5, U.S. Code, chapter 89.
Description of Respondents: Individuals.
Number of Respondents: 45,000.
Frequency of Responses: Reporting: Other (One time).
Total Burden Hours: 33,750.
Ruth Brown,
Departmental Information Collection Clearance Officer.
[FR Doc. 2021-23513 Filed 10-27-21; 8:45 am]
BILLING CODE 3410-KS-P