[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41363-41364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14404]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket Number: 200626-0171]
RIN 0625-AB19
Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19; Extension of Effective Period
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
ACTION: Temporary final rule; extension of effective period.
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SUMMARY: In March, the Department of Commerce (Commerce) implemented
temporary modifications to its service regulations to enable non-U.S.
Government personnel responsible for serving documents in the
Enforcement & Compliance's (E&C) antidumping and countervailing duty
(AD/CVD) cases to work remotely. Through this extension, Commerce
extends the duration of these temporary modifications until further
notice.
DATES: The temporary final rule published on March 26, 2020 (85 FR
17006), which was extended on May 18, 2020 (85 FR 29615), is further
extended indefinitely. At this time, Commerce is not establishing a
termination date. Instead, the temporary modifications will remain in
place until further notice, and Commerce will publish a document
announcing the termination date in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Evangeline D. Keenan, Director, APO/
Dockets Unit, at (202) 482-3354.
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2020, E&C published a temporary final rule in the
Federal Register, temporarily modifying certain requirements for
serving documents
[[Page 41364]]
containing business proprietary information in AD/CVD proceedings
administered by E&C until May 19, 2020, unless extended. Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (Temporary Final Rule). On May 18, 2020, E&C published
a notification extending the temporary modifications through July 17,
2020. Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 2020).
The temporary modifications were implemented to facilitate the
effectuation of service through electronic means, with the goal of
promoting public health and slowing the spread of COVID-19 while at the
same time permitting the continued administration of AD/CVD
proceedings. E&C explained that the service requirements in its
regulations are often effectuated by hand delivery or by U.S. mail
delivery of hard copy documents, which frequently takes place in an
office setting. In turn, this could pose a risk to the personnel tasked
with serving or accepting service by hand or mail, as well as those
around them. Based on these circumstances, E&C announced that it would
temporarily deem service of submissions containing business proprietary
information (BPI) to be effectuated when the BPI submissions are filed
by parties in ACCESS, with certain exceptions. With the continued goal
of promoting public health during these times while at the same time
permitting the continued administration of AD/CVD proceedings, E&C is
extending the date through which the modified service requirements in
the Temporary Final Rule will be in effect. This is the second
extension of the temporary final rule. For efficiency purposes, and
with the continued goal identified above in mind, instead of again
setting a termination date for the temporary final rule, the temporary
final rule will remain in effect until further notice. Commerce will
publish a document announcing the termination date in the Federal
Register.
Extension
The modified service requirements announced in the Temporary Final
Rule will remain in effect until further notice.
Classification
Administrative Procedure Act
The provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking and the opportunity for public
participation are waived for good cause because they would be
impracticable and contrary to the public interest. (See 5 U.S.C.
553(b)(B)). Interested parties participating in E&C's AD/CVD
proceedings are generally required to serve other interested parties
with documents they submit to E&C. If notice and comment were to be
allowed, parties submitting documents containing BPI information to E&C
likely either would be unable to serve other parties in the manners
prescribed in E&C's regulations, or potentially would put their health
and safety at risk in doing so. COVID-19 was unexpected and this
circumstance could not have been foreseen; therefore E&C could not have
prepared ahead of time for this set of circumstances. The provision of
the Administrative Procedure Act otherwise requiring a 30-day delay in
effectiveness is also waived for those same reasons, which constitute
good cause. (5 U.S.C. 553(d)(3)).
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
temporary rule is not significant for purposes of Executive Order
12866.
Executive Order 13771
This temporary rule is not expected to be subject to the
requirements of Executive Order 13771 because this temporary rule is
not significant for purposes of Executive Order 12866.
Paperwork Reduction Act
This temporary rule contains no new collection of information
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Executive Order 13132
This temporary rule does not contain policies with federalism
implications as that term is defined in section 1(a) of Executive Order
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).
Regulatory Flexibility Act
The analytical requirements of the Regulatory Flexibility Act (5
U.S.C 601 et seq.) are not applicable because no general notice of
proposed rulemaking was required for this action. Accordingly, no
regulatory flexibility analysis is required, and none has been
prepared.
Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303
note; 19 U.S.C. 1671 et seq.; and 19 U.S.C. 3538.
Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14404 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P