[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Page 24363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10552]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
19 CFR Part 210
Adjudication and Enforcement
AGENCY: U.S. International Trade Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. International Trade Commission is adopting a rule
amendment revising a certain provision of the agency's rule for
investigations and related proceedings under section 337 of the Tariff
Act of 1930. The Supplement to the Strategic Human Capital Plan 2009-
2013 issued by the Commission on January 18, 2011, provides that the
Office of Unfair Import Investigations (``OUII'') will not participate
in a subset of Section 337 cases and will participate selectively in
another subset of cases. In order to better allocate its resources,
OUII may have to assign attorneys to investigations on an issue by
issue basis. The rule amendment will allow OUII the flexibility to
reassign attorneys to cases as necessary without having to publish
notices announcing the change in the Federal Register. The new rule
will have no substantive effect on Commission practice in conducting
Section 337 investigations.
DATES: Effective date: May 2, 2011.
Applicability Date: The Commission will adopt procedures to
implement the rule change on May 2, 2011.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., telephone
202-708-2301, Office of the General Counsel, U.S. International Trade
Commission, 500 E Street, SW., Washington, DC 20436. General
information concerning the Commission may be obtained by accessing its
Internet server (http://www.usitc.gov). Hearing-impaired persons is
advised that information on the final rulemaking can be obtained by
contacting the Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission is adopting the following
rule amendment as a final rule.
Regulatory Analysis
The Commission has determined that the final rule does not meet the
criteria described in Section 3(f) of Executive Order 12866 (58 FR
51735, Oct. 4, 1993) and thus does not constitute a significant
regulatory action for purposes of the Executive Order.
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is
inapplicable to this rulemaking because it is not one for which a
notice of rulemaking is required under 5 U.S.C. 553(b) or any other
statute. Although the Commission has chosen to publish a notice of
final rulemaking, the regulation is an ``agency rule of procedure and
practice,'' and thus is exempt from the notice requirement imposed by 5
U.S.C. 553(b).
This final rule does not contain federalism implications warranting
the preparation of a federalism summary impact statement pursuant to
Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
No actions are necessary under the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1501 et seq.) because the final rule will not result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more in any one
year, and will not significantly or uniquely affect small governments.
The final rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
801 et seq.). Moreover, it is exempt from the reporting requirements of
the Contract With America Advancement Act of 1996 (Pub. L. 104-121)
because it concerns a rule of agency organization, procedure, or
practice that does not substantially affect the rights or obligations
of non-agency parties.
The amendment is not subject to section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.), since it does not contain any
new information collection requirements.
List of Subjects in 19 CFR Part 210
Administration practice and procedure, Business and industry,
Customs duties and inspection, Imports, Investigations.
The United States International Trade Commission amends 19 CFR part
210 as follows:
PART 210--ADJUDICATION AND ENFORCEMENT
0
1. The authority citation for part 210 continues to read as follows:
Authority: 19 U.S.C. 1333, 1335, and 1337.
0
2. In Sec. 210.3 revise the definition of ``Party'' to read as
follows:
210.3 Definitions.
* * * * *
Party means each complainant, respondent, intervenor, or the Office
of Unfair Import Investigations.
* * * * *
By Order of the Commission.
Issued: April 27, 2011.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2011-10552 Filed 4-29-11; 8:45 am]
BILLING CODE 7020-02-P