[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Page 29615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10238]
[[Page 29615]]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket Number: 200507-0129]
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 notice,
Commerce extends the duration of these temporary modifications.
Accordingly, the temporary modifications will be effective through July
17, 2020, unless extended.
DATES: The expiration date of the temporary final rule published on
March 26, 2020 (85 FR 17006), is extended through 17:00 hours EST, July
17, 2020.
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 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). 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. The aforementioned circumstances
are still present. Therefore, with the continued 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 is
extending the date through which the modified service requirements in
the Temporary Final Rule will be in effect.
Extension
The modified service requirements announced in the Temporary Final
Rule will remain in effect through 17:00 EST, July 17, 2020, unless
extended.
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: May 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-10238 Filed 5-15-20; 8:45 am]
BILLING CODE 3510-DS-P