80 FR 57553 - Rules of General Application, Adjudication and Enforcement
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 185 (September 24, 2015)
Federal Register Volume 80, Issue 185 (September 24, 2015)
| Page Range | 57553-57564 | |
| FR Document | 2015-23597 |
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)] [Proposed Rules] [Pages 57553-57564] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23597] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION 19 CFR Parts 201 and 210 Rules of General Application, Adjudication and Enforcement AGENCY: International Trade Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The United States International Trade Commission (``Commission'') proposes to amend its Rules of Practice and Procedure concerning rules of general application, adjudication, and enforcement. The amendments are necessary to make certain technical corrections, to clarify certain provisions, to harmonize different parts of the Commission's rules, and to address concerns that have arisen in Commission practice. The intended effect of the proposed amendments is to facilitate compliance with the Commission's Rules and improve the administration of agency proceedings. DATES: To be assured of consideration, written comments must be received by 5:15 p.m. November 23, 2015. ADDRESSES: You may submit comments, identified by docket number MISC- 045, by any of the following methods: --Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. --Agency Web site: http://www.usitc.gov. Follow the instructions for submitting comments on the Web site at http://www.usitc.gov/secretary/edis.htm. --Email: [email protected]. Include docket number MISC-045 in the subject line of the message. --Mail: For paper submission. U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436. --Hand Delivery/Courier: U.S. International Trade Commission, 500 [[Page 57554]] E Street SW., Room 112, Washington, DC 20436, from the hours of 8:45 a.m. to 5:15 p.m. Instructions: All submissions received must include the agency name and docket number (MISC-045), along with a cover letter stating the nature of the commenter's interest in the proposed rulemaking. All comments received will be posted without change to http://www.usitc.gov, including any personal information provided. For paper copies, a signed original and 14 copies of each set of comments should be submitted to Lisa R. Barton, Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436. Docket: For access to the docket to read background documents or comments received, go to http://www.usitc.gov and/or the U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, telephone 202-708- 2301, Office of the General Counsel, United States International Trade Commission. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. SUPPLEMENTARY INFORMATION: The preamble below is designed to assist readers in understanding these proposed amendments to the Commission Rules. This preamble provides background information, a regulatory analysis of the proposed amendments, a section-by-section explanation of the proposed amendments to parts 201 and 210, and a description of the proposed amendments to the rules. The Commission encourages members of the public to comment on whether the language of the proposed amendments is sufficiently clear for users to understand, in addition to any other comments they wish to make on the proposed amendments. If the Commission decides to proceed with this rulemaking after reviewing the comments filed in response to this notice, the proposed rule revisions will be promulgated in accordance with the applicable requirements of the Administrative Procedure Act (``APA'') (5 U.S.C. 553), and will be codified in 19 CFR parts 201 and 210. Background Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes the Commission to adopt such reasonable procedures, rules, and regulations as it deems necessary to carry out its functions and duties. This rulemaking seeks to improve provisions of the Commission's existing Rules of Practice and Procedure. The Commission proposes amendments to its rules covering investigations under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended (``section 337''), in order to increase the efficiency of its section 337 investigations. This rulemaking was undertaken to make certain technical corrections, to clarify certain provisions, to harmonize different parts of the Commission's rules, and to address concerns that have arisen in Commission practice. The intended effect of the proposed amendments is to facilitate compliance with the Commission's Rules and improve the administration of agency proceedings. On February 14, 2012, at 77 FR 8114, the Commission published a Plan for Retrospective Analysis of Existing Rules. This plan was issued in response to Executive Order 13579 of July 11, 2011, and established a process under which the Commission will periodically review its significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving regulatory objectives. This process will include a general review of existing regulations in 19 CFR parts 201, 207, and 210. The current notice of proposed rulemaking is consistent with the plan to ensure that the Commission's rules are effective. The Commission invites the public to comment on all of these proposed rules amendments. In any comments, please consider addressing whether the language of the proposed amendments is sufficiently clear for users to understand. In addition please consider addressing how the proposed rules amendments could be improved, and offering specific constructive alternatives where appropriate. Consistent with its ordinary practice, the Commission is issuing these proposed amendments in accordance with the applicable requirements of section 553 of the APA. This procedure entails the following steps: (1) Publication of a notice of proposed rulemaking; (2) solicitation of public comments on the proposed amendments; (3) Commission review of public comments on the proposed amendments; and (4) publication of final amendments at least thirty days prior to their effective date. Regulatory Analysis of Proposed Amendments to the Commission's Rules The Commission has determined that the proposed rules do not meet the criteria described in section 3(f) of Executive Order 12866 (58 FR 51735, Oct. 4, 1993) and thus do 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 final rulemaking is required under 5 U.S.C. 553(b) or any other statute. Although the Commission has chosen to publish a notice of proposed rulemaking, these proposed regulations are ``agency rules of procedure and practice,'' and thus are exempt from the notice requirement imposed by 5 U.S.C. 553(b). These proposed rules do 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 proposed rules will not result in expenditure in the aggregate by State, local, and tribal governments, or by the private sector, of $100,000,000 or more in any one year, and will not significantly or uniquely affect small governments, as defined in 5 U.S.C. 601(5). The proposed rules are not major rules as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.). Moreover, they are exempt from the reporting requirements of the Contract With America Advancement Act of 1996 (Pub. L. 104-121) because they concern rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. The amendments are not subject to section 3504(h) of the Paperwork Reduction Act (44 U.S.C. 3504(h)). Part 201 Subpart B--Initiation and Conduct of Investigations Section 201.16 Section 201.16 provides the general provisions for service of process and other documents. In particular, section 201.16(a)(1) provides that the Commission may effect service by mailing or delivering a copy of the document to be served to the person to be served or to certain persons affiliated with the organization to be served or to [[Page 57555]] the person's or organization's attorney representative. Subsection 201.16(a)(4) explains that service by mail, as provided in subsection 201.16(a)(1) is complete upon mailing of the document. The Commission is currently developing the capability to perfect electronic service. The proposed rule would accordingly amend subsections 201.16(a)(1) and (4) to provide that the Commission may effect service through electronic means. Electronic service is complete upon transmission of a notification from the Commission that the document has been placed in an appropriate secure repository for retrieval by the person, organization representative, or attorney being served, unless the Commission is notified that the notification was not received by the party served. In addition, subsection 201.16(f) authorizes parties to serve documents by electronic means. The proposed rule would amend subsection 201.16(f) to require parties serving documents by electronic means to ensure that any such document containing confidential business information subject to an administrative protective order be securely transmitted, in addition to being securely stored, to prevent unauthorized access and/or receipt by individuals or organizations not authorized to view the specified confidential business information. Part 210 Subpart B--Commencement of Preinstitution Proceedings and Investigations Section 210.10 Section 337(b)(1) states that the ``Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative.'' 19 U.S.C. 1337(b)(1). Accordingly, section 210.10 provides for institution of section 337 investigations by the Commission based upon a properly filed complaint. See 19 CFR 210.10(a). The Commission, however, is concerned about complaints that assert multiple unrelated patents and/or multiple technologies because the resulting investigation is often unwieldy and lengthy. The proposed rule would amend section 210.10(a) to clarify that the Commission may institute multiple investigations based on a single complaint where necessary to limit the number of technologies and/or unrelated patents asserted in a single investigation. In addition, subsection 210.10(b) provides that, when instituting an investigation, the Commission shall issue a notice defining the scope of the investigation, including whether the Commission has ordered the presiding administrative law judge to take evidence and to issue an initial determination concerning the public interest. The proposed rule would add subsection 210.10(b)(1) to provide that the notice of institution will specify in plain language the accused products that will be within the scope of the investigation in order to avoid disputes between the parties concerning the scope of the investigation at the outset. Comments regarding this proposed rule should address, in particular, whether the proposed rule would be useful in clarifying the scope of the investigation. The Commission welcomes alternate language that captures the Commission's intent with respect to the proposed rule. New subsection 210.10(b)(2) contains the existing language in subsection 210.10(b), which provides that the Commission may order the presiding administrative law judge to take evidence concerning the public interest. The Commission has established a ``100-Day'' proceeding to provide for the disposition of potentially dispositive issues within a specified time frame following institution of an investigation. The proposed rule would accordingly add subsection 210.10(b)(3) to authorize the Commission to direct the presiding administrative law judge to issue an initial determination pursuant to new subsection 210.42(a)(3), as described below, on a potentially dispositive issue as set forth in the notice of investigation. The specified time frame for issuance of the initial determination is subject to an extension of time for good cause shown. As set forth in the pilot program, the presiding administrative law judge will have discretion to stay discovery during the pendency of the 100-Day proceeding. Section 210.11 Section 210.11--in particular, subsection 210.11(a)--provides that the Commission will, upon institution of an investigation, serve copies of the nonconfidential version of the complaint and the notice of investigation upon the respondent(s), the embassy in Washington, DC of the country in which each respondent is located, and various government agencies. Subsection 210.11(a)(2) concerns service by the Commission when it has instituted temporary relief proceedings. The proposed rule would amend subsection 210.11(a)(2)(i) to clarify that the Commission will serve on each respondent a copy of the nonconfidential version of the motion for temporary relief, in addition to the nonconfidential version of the complaint and the notice of investigation. Subpart C--Pleadings Section 210.12 Section 210.12 specifies the information that a complainant must include in a complaint requesting institution of an investigation under Part 210. In particular, subsection 210.12(a)(9) details the information a complainant is required to include when alleging a violation of section 337 with respect to the infringement of a valid and enforceable U.S. patent. The proposed rule would amend subsection 210.12(a)(9) by adding the requirement that complaints include the expiration date of each asserted patent. Section 210.14 Section 210.14 provides for various pre- and post-institution actions, including amending the complaint and notice of investigation, making supplemental submissions, introducing counterclaims, providing submissions on the public interest, and consolidating investigations. The proposed rule would amend section 210.14 to add subsection 210.14(h), allowing the administrative law judge to sever an investigation into two or more investigations at any time prior to or upon issuance of the procedural schedule, based upon either a motion or upon the administrative law judge's judgment that severance is necessary to allow efficient adjudication. The Commission is seeking in particular comments regarding whether the administrative law judge's decision to sever should be in the form of an initial determination pursuant to new subsection 210.42(c)(3) or an order. The proposed rule would also add subsection 210.14(i), authorizing the administrative law judge to issue an order designating a potentially dispositive issue for an early ruling. The proposed rule would also provide authority for the presiding administrative law judge to hold expedited hearings on such dispositive issues in accordance with section 210.36. Subpart D--Motions Section 210.15 Section 210.15 provides the procedure and requirements for motions during the pendency of an investigation and related proceedings, whether before an administrative law judge or before the Commission. The proposed rule would amend subsection 210.15(a)(2) to clarify that this provision does not allow [[Page 57556]] for motions, other than motions for temporary relief, to be filed with the Commission prior to institution of an investigation. Subsection 210.15(a)(1) is not amended because matters are not delegated to an administrative law judge until after an investigation has been instituted. Section 210.19 Section 210.19 provides for intervention in an investigation or related proceeding. The proposed rule would amend section 210.19 to clarify that motions to intervene may be filed only after institution of an investigation or a related proceeding. Section 210.21 Subsections 210.21(b)(2) and (c)(2) authorize the presiding administrative law judge to grant by initial determination motions to terminate an investigation due to settlement or consent order, respectively. The subsections further provide that the Commission shall notify certain agencies of the initial determination and the settlement agreement or consent order. Those agencies include the U.S. Department of Health and Human Services, the U.S. Department of Justice, the Federal Trade Commission, the U.S. Customs Service (now U.S. Customs and Border Protection), and such other departments and agencies as the Commission deems appropriate. Currently, the Commission effects such notice through various electronic means, including posting a public version of the initial determination and public versions of any related settlement agreements or consent orders on its Web site. The proposed rule would amend subsections 210.21(b)(2) and (c)(2) to clarify that the Commission need not specifically notify the listed agencies regarding any such initial determination and related settlement agreements or consent orders. This change is intended to conserve Commission resources and does not relieve the Commission of its obligation under section 337(b)(2) to consult with and seek advice and information from the indicated agencies as the Commission considers appropriate during the course of a section 337 investigation. In addition, subsection 210.21(c)(3) sets out the required contents of a consent order stipulation while subsection 210.21(c)(4) sets out the required contents of the consent order. The proposed rule would amend subsection 210.21(c)(3)(ii)(A) to conform to subsection 210.21(c)(4)(x), which requires that the consent order stipulation and consent order contain a statement that a consent order shall not apply to any intellectual property right that has been held invalid or unenforceable or to any adjudicated article found not to infringe the asserted right or no longer in violation by the Commission or a court or agency of competent jurisdiction in a final, nonreviewable decision. The proposed rule would also amend subsection 210.21(c)(4)(viii) to add ``any asserted patent claims,'' delete ``the claims of the asserted patent,'' delete the second occurrence of the word ``claims,'' and add the word ``claim'' after ``unfair trade practice'' in the phrase ``validity or enforceability of the claims of the asserted patent claims . . . unfair trade practice in any administrative or judicial proceeding to enforce the Consent Order[.]'' The proposed rule would further amend subsection 210.21(c)(4)(x) to add ``asserted'' before ``claim of the patent. . . .'' and to add ``claim'' after ``or unfair trade practice. . . .'' The proposed rule also would add new subsection 210.21(c)(4)(xi) to require in the consent order an admission of all jurisdictional facts, similar to the provision requiring such a statement in the consent order stipulation (210.21(c)(3)(i)(A)). Section 210.22 The proposed rule would add new section 210.22 to allow parties to file a motion within 30 days of institution of the investigation requesting the presiding administrative law judge to issue an order designating a potentially dispositive issue for an early ruling. The proposed rule would also provide authority for the presiding administrative law judge to hold expedited hearings on such issues in accordance with section 210.36. Section 210.25 Section 210.25 provides for the process by which a party may request and the presiding administrative law judge or the Commission may grant sanctions. In particular, subsection 210.25(a)(1) states the grounds for which a party may file a motion for sanctions. The proposed rule would amend subsection 210.25(a)(1) to clarify that a motion for sanctions may be filed for abuse of discovery under subsection 210.27(g)(3). In addition, subsection 210.25(a)(2) provides that a presiding administrative law judge or the Commission may raise sanctions issues as appropriate. The proposed rule would amend subsection 210.25(a)(2) to clarify that the subsection regarding sanctions for abuse of discovery is subsection 210.27(g)(3). Subpart E--Discovery and Compulsory Process Section 210.27 Section 210.27 contains the general provisions governing discovery during a section 337 investigation or related proceeding. The proposed rule would add section 210.27(e)(5) to add language consistent with Federal Rule of Civil Procedure 26 concerning the preservation of privilege between counsel and expert witnesses. In particular, the proposed rule specifies that privilege applies to communications between a party's counsel and any expert witness retained on behalf of that party and to any draft reports or disclosures that the expert prepares at counsel's behest. Subsection 210.27(g) details the requirements of providing appropriate signatures with every discovery request, response, and objection, and the consequences for failing to do so. The proposed rule would amend subsection 210.27(g)(3) to clarify that a presiding administrative law judge or the Commission may impose sanctions if, without substantial justification, a party certifies a discovery request, response, or objection in violation of subsection 210.27(g)(2). Section 210.28 Section 210.28 provides for the taking, admissibility, and use of party and witness depositions. In particular, subsection 210.28(h)(3) provides that the deposition of a witness, whether or not a party, may be used for any purpose if the presiding administrative law judge finds certain circumstances exist. The proposed rule would add subsection 210.28(h)(3)(vi) to allow, within the discretion of the presiding administrative law judge, the use of agreed-upon designated deposition testimony in lieu of live witness testimony absent the circumstances enumerated in subsection 210.28(h)(3). Section 210.32 Section 210.32 provides for the use of subpoenas during the discovery phase of a section 337 investigation. In particular, subsection 210.32(d) provides for the filing of motions to quash a subpoena that the presiding administrative law judge has issued. The proposed rule would amend subsection 210.32(d) to clarify that a party upon which a subpoena has been served may file an objection to the subpoena within ten days of receipt of the subpoena, with the possibility of requesting an extension of time for filing objections for good cause shown. The proposed rule would also amend [[Page 57557]] subsection 210.32(d) to clarify that any motion to quash must be filed within ten days of receipt of the subpoena, with the possibility of requesting an extension of time for good cause shown. The proposed amendment is intended to bring the Commission's subpoena practice into closer conformity with the Federal Rules of Civil Procedure. The Commission requests that any comments concerning this amendment address any potential conflicts that may arise from copending objections and motions to quash. In addition, subsection 210.32(f) authorizes the payment of fees to deponents or witnesses that are subpoenaed. The proposed rule would amend subsection 210.32(f)(1) to clarify that such deponents and witnesses are entitled to receive both fees and mileage in conformance with Federal Rule of Civil Procedure 45(b)(1) and to correct the antecedent basis for ``fees and mileage'' as recited in subsection 210.32(f)(2). Section 210.34 Section 210.34 provides for the issuance of protective orders and for the remedies and sanctions the Commission may impose in the event of a breach of a Commission-issued administrative protective order. Subsection 210.34(c)(1) provides that the Commission shall treat the identity of any alleged breacher as confidential business information unless the Commission determines to issue a public sanction. Subsection 210.34(c)(1) also requires the Commission and the administrative law judge to allow parties to make submissions concerning these matters. The proposed rule would amend subsection 210.34(c)(1) to remove the mandatory provision requiring the Commission or the administrative law judge to allow the parties to make written submissions or present oral arguments bearing on the issue of violation of a protective order and the appropriate sanctions therefor. The Commission and the administrative law judge continue to have discretion to permit written submissions or oral argument bearing on administrative protective order violations and sanctions therefor. In the interest of preserving the confidentiality of the process, the Commission has decided that notification of all parties in an investigation regarding breach of a protective order may be inappropriate in many cases. Submissions from relevant persons will be requested as necessary and appropriate. Subpart G--Determinations and Actions Taken Section 210.42 Section 210.42 provides for the issuance of initial determinations by the presiding administrative law judge concerning specific issues, including violation of section 337 under subsection 210.42(a)(1)(i), on motions to declassify information under subsection 210.42(a)(2), on issues concerning temporary relief or forfeiture of temporary relief bonds under subsection 210.42(b), or on other matters as specified in subsection 210.42(c). The proposed rule would add subsection 210.42(a)(3) authorizing the presiding administrative law judge to issue an initial determination ruling on a potentially dispositive issue in accordance with a Commission order under new subsection 210.10(b)(3) or the administrative law judge's order issued pursuant to new section 210.22. In addition, the proposed rule would require the administrative law judge to certify the record to the Commission and issue the initial determination within 100 days of when the issue is designated by the Commission pursuant to 210.10(b)(3) or by the administrative law judge pursuant to 210.14(i) or 210.22. The 100-day period for certification may be extended for good cause shown. This procedure differs from a summary determination proceeding in that the administrative law judge's ruling pursuant to this section is made following an evidentiary hearing. These changes are intended to provide a procedure for the early disposition of potentially dispositive issues identified by the Commission at institution of an investigation or by the administrative law judge early in procedural schedule for the investigation. This procedure is not intended to affect summary determination practice under section 210.18 whereby the ALJ may dispose of one or more issues in the investigation when there is no genuine issue as to material facts and the moving party is entitled to summary determination as a matter of law. The proposed rule would also add subsection 210.42(c)(3), authorizing the presiding administrative law judge to issue an initial determination severing an investigation into two or more investigations pursuant to new subsection 210.14(h). In addition, subsection 210.42(e) provides that the Commission shall notify certain agencies of each initial determination granting a motion for termination of an investigation in whole or part on the basis of a consent order or settlement, licensing, or other agreement pursuant to section 210.21, and notice of such other initial determinations as the Commission may order. Those agencies include the U.S. Department of Health and Human Services, the U.S. Department of Justice, the Federal Trade Commission, the U.S. Customs Service (now U.S. Customs and Border Protection), and such other departments and agencies as the Commission deems appropriate. The rule further states that the indicated agencies have 10 days after service of any such initial determinations to submit comments. Currently, the Commission effects such notice through various electronic means, including posting a public version of the initial determination on its Web site so that paper service is unnecessary. The proposed rule would amend section 210.42(e) to remove the explicit requirement that the Commission provide any specific notice of or directly serve any initial determinations concerning terminations under section 210.21 on the listed agencies. This change is intended to conserve Commission resources and does not relieve the Commission of its obligation under section 337(b)(2) to consult with and seek advice and information from the indicated agencies as the Commission considers appropriate during the course of a section 337 investigation. Section 210.43 Section 210.43 provides for the process by which a party may request and the Commission may consider petitions for review of initial determinations on matters other than temporary relief. In particular, subsection 210.43(a)(1) specifies when parties must file petitions for review based on the nature of the initial determination, and subsection 210.43(c) specifies when parties must file responses to any petitions for review. The proposed rule would amend subsection 210.43(a)(1) to specify when parties must file petitions for review of an initial determination ruling on a potentially dispositive issue pursuant to new subsection 210.42(a)(3). The proposed rule would further amend subsection 210.43(c) to specify when the parties must file responses to any such petitions for review. Under the proposed rule, parties are required to file a petition for review within five calendar days after service of the initial determination and any responses to the petitions within three business days after service of a petition. Subsection 210.43(d)(1) provides for the length of time the Commission has [[Page 57558]] after service of an initial determination to determine whether to review the initial determination before it becomes the Commission's determination. The proposed rule would amend subsection 210.43(d)(1) to specify that the Commission determine whether to review initial determinations on early dispositive issues pursuant to new subsection 210.42(a)(3). Under the proposed rule, the Commission shall determine whether to review such initial determinations within 30 days of service of the initial determination. In addition, subsection 210.43(d)(3) provides that, if the Commission determines to grant a petition for review, in whole or in part, and solicits written submissions on the issues of remedy, the public interest, and bonding, the Secretary of the Commission shall serve the notice of review on all parties, the U.S. Department of Health and Human Services, the U.S. Department of Justice, the Federal Trade Commission, the U.S. Customs Service (now U.S. Customs and Border Protection), and such other departments and agencies as the Commission deems appropriate. Currently, the Commission effects such notice through various electronic means, including posting a public version of the notice on its Web site such that paper service is unnecessary. The proposed rule would amend subsection 210.43(d)(3) to remove the explicit requirement that the Commission provide by way of direct service any such notice to the indicated agencies, thus conserving Commission resources. This proposed rule does not affect the Commission's obligation under section 337(b)(2) to consult with and seek advice and information from the indicated agencies as the Commission considers appropriate during the course of a section 337 investigation. Section 210.47 Section 210.47 provides the procedure by which a party may petition the Commission for reconsideration of a Commission determination. The proposed rule would amend section 210.47 to make explicit the Commission's authority to reconsider a determination on its own initiative. Section 210.50 Section 210.50, and in particular subsection 210.50(a)(4), requires the Commission to receive submissions from the parties to an investigation, interested persons, and other Government agencies and departments considering remedy, bonding, and the public interest. Subsection 210.50(a)(4) further requests the parties to submit comments concerning the public interest within 30 days of issuance of the presiding administrative law judge's recommended determination. It has come to our attention that members of the public are confused as to whether subsection 210.50(a)(4) applies to them since the post- recommended determination provision is stated immediately after the provision requesting comments from ``interested persons.'' The proposed rule would amend subsection 210.50(a)(4) to clarify that the rule concerns post-recommended determination submissions from the parties. Given the variability of the dates for issuance of the public version of the recommended determinations, post-recommended determination submissions from the public are solicited via a notice published in the Federal Register specifying the due date for such public comments. Subpart I--Enforcement Procedures and Advisory Opinions Section 210.75 Section 210.75 provides for the enforcement of remedial orders issued by the Commission, including exclusion orders, cease and desist orders, and consent orders. Subsection 210.75(a) provides for informal enforcement proceedings, which are not subject to the adjudication procedures described in subsection 210.75(b) for formal enforcement proceedings. In Vastfame Camera, Ltd. v. Int'l Trade Comm'n, 386 F.3d 1108, 1113 (Fed. Cir. 2004), the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit'') stated that the Commission's authority to conduct enforcement proceedings stems from its original investigative authority under subsection 337(b) and its authority to issue temporary relief arises under subsection 337(e). Both subsections require that the Commission afford the parties the ``opportunity for a hearing in conformity with the provisions of subchapter II of chapter 5 of title 5.'' Id. at 1114-5. Subsection 210.75(a), which provides for informal enforcement proceedings, is therefore not in accordance with the Federal Circuit's holding in Vastfame. The proposed rule would, accordingly, delete subsection 210.75(a). Subsection 210.75(b) currently provides that the Commission may institute a formal enforcement proceeding upon the filing of a complaint setting forth alleged violations of any exclusion order, cease and desist order, or consent order. The proposed rule would amend subsection 210.75(b)(1), redesignated as 210.75(a)(1), to provide that the Commission shall determine whether to institute the requested enforcement proceeding within 30 days of the filing of the enforcement complaint, similar to the provisions recited in section 210.10(a), barring exceptional circumstances, a request for postponement of institution, or withdrawal of the enforcement complaint. Moreover, when the Commission has found a violation of an exclusion order, the Commission has issued cease and desist orders as appropriate. The proposed rule would amend subsection 210.75(b)(4), redesignated as 210.75(a)(4), to explicitly provide that the Commission may issue cease and desist orders pursuant to section 337(f) at the conclusion of a formal enforcement proceeding. The proposed rule would also amend subsection 210.75(b)(5), redesignated as 210.75(a)(5), to include issuance of new cease and desist orders pursuant to new subsection 210.75(a)(4). Section 210.76 Section 210.76 provides the method by which a party to a section 337 investigation may seek modification or rescission of exclusion orders, cease and desist orders, and consent orders issued by the Commission. The proposed rule would modify section 210.76(a) to clarify that this section is in accordance with section 337(k)(1) and allows any person to request the Commission to make a determination that the conditions which led to the issuance of a remedial or consent order no longer exist. The proposed rule would also add subsection 210.76(a)(3) to require that, when the requested modification or rescission is due to a settlement agreement, the petition must include copies of the agreements, any supplemental agreements, any documents referenced in the petition or attached agreements, and a statement that there are no other agreements, consistent with rule 210.21(b)(1). In addition, subsection 210.76(b) specifies that the Commission may institute such a modification or rescission proceeding by issuing a notice. The proposed rule would amend subsection 210.76(b) to provide that the Commission shall determine whether to institute the requested modification or rescission proceeding within 30 days of receiving the request, similar to the provisions recited in section 210.10(a), barring exceptional circumstances, a request for postponement of institution, or withdrawal of the petition for [[Page 57559]] modification or rescission. The proposed rule would further clarify that the notice of institution may be amended by leave of the Commission. Under some circumstances, such as when settlement between the parties is the basis for rescission or modification of issued remedial orders, institution and disposition of the rescission or modification proceeding may be in a single notice. Section 210.77 Section 210.77 provides for the Commission to take temporary emergency action pending a formal enforcement proceeding under subsection 210.75(b) by immediately and without hearing or notice modify or revoke the remedial order under review and, if revoked, to replace the order with an appropriate exclusion order. As noted above, the Federal Circuit held in Vastfame that an enforcement proceeding requires that the parties be afforded an opportunity for a hearing. 386 F.3d at 1114-15. The procedure set forth in subsection 210.77 for temporary emergency action pending a formal enforcement proceeding, therefore, is not in accordance with the Federal Circuit's holding in Vastfame. The proposed rule would, accordingly, delete subsection 210.77. Section 210.79 Section 210.79 provides that the Commission will, upon request, issue advisory opinions concerning whether any person's proposed course of action or conduct would violate a Commission remedial order, including an exclusion order, cease and desist order, or consent order. The proposed rule would amend subsection 210.79(a) to provide that any responses to requests for advisory opinions shall be filed within 10 days of service. The proposed rule would also amend subsection 210.79(a) to provide that the Commission shall institute the advisory proceeding by notice, which may be amended by leave of the Commission, and shall determine whether to institute within 30 days of receiving the request barring exceptional circumstances, a request for postponement of institution, or withdrawal of the request for an advisory opinion. List of Subjects 19 CFR Part 201 Administration practice and procedure, Reporting and recordkeeping requirements. 19 CFR Part 210 Administration practice and procedure, Business and industry, Customs duties and inspection, Imports, Investigations. For the reasons stated in the preamble, the United States International Trade Commission proposes to amend 19 CFR parts 201 and 210 as follows: PART 201--RULES OF GENERAL APPLICATION 0 1. The authority citation for part 201 is revised to read as follows: Authority: Sec. 335 of the Tariff Act of 1930 (19 U.S.C. 1335), and sec. 603 of the Trade Act of 1974 (19 U.S.C. 2482), unless otherwise noted. Subpart A--Miscellaneous 0 2. Amend Sec. 201.16 by revising paragraphs (a)(1), (a)(4), and (f) to read as follows: Sec. 201.16 Service of process and other documents. (a) * * * (1) By mailing, delivering, or serving by electronic means a copy of the document to the person to be served, to a member of the partnership to be served, to the president, secretary, other executive officer, or member of the board of directors of the corporation, association, or other organization to be served, or, if an attorney represents any of the above before the Commission, by mailing, delivering, or serving by electronic means a copy to such attorney; or * * * * * (4) When service is by mail, it is complete upon mailing of the document. When service is by an express service, service is complete upon submitting the document to the express delivery service or depositing it in the appropriate container for pick-up by the express delivery service. When service is by electronic means, service is complete upon transmission of a notification that the document has been placed in an appropriate repository for retrieval by the person, organization, representative, or attorney being served, unless the Commission is notified that the notification was not received by the party served. * * * * * (f) Electronic service by parties. Parties may serve documents by electronic means in all matters before the Commission. Parties may effect such service on any party, unless that party has, upon notice to the Secretary and to all parties, stated that it does not consent to electronic service. If electronic service is used, no additional time is added to the prescribed period. However, any dispute that arises among parties regarding electronic service must be resolved by the parties themselves, without the Commission's involvement. When a document served by electronic means contains confidential business information subject to an administrative protective order, the document must be securely stored and transmitted by the serving party in a manner that prevents unauthorized access and/or receipt by individuals or organizations not authorized to view the specified confidential business information. PART 210--ADJUDICATION AND ENFORCEMENT 0 3. The authority citation for part 210 continues to read as follows: Authority: 19 U.S.C. 1333, 1335, and 1337. Subpart B--Commencement of Preinstitution Proceedings and Investigations 0 4. Amend Sec. 210.10 by adding paragraph (a)(6) and revising paragraph (b) to read as follows: Sec. 210.10 Institution of investigation. (a) * * * (6) The Commission may determine to institute multiple investigations based on a single complaint where necessary to limit the number of technologies and/or unrelated patents asserted in a single investigation. (b)(1) An investigation shall be instituted by the publication of a notice in the Federal Register. The notice will define the scope of the investigation in such plain language as to make explicit what accused products will be the subject of the investigation, and may be amended as provided in Sec. 210.14(b) and (c). (2) The Commission may order the administrative law judge to take evidence and to issue a recommended determination on the public interest based generally on the submissions of the parties and the public under Sec. 210.8(b) and (c). If the Commission orders the administrative law judge to take evidence with respect to the public interest, the administrative law judge will limit public interest discovery appropriately, with particular consideration for third parties, and will ensure that such discovery will not delay the investigation or be used improperly. Public interest issues will not be within the scope of discovery unless the administrative law judge is specifically ordered by the Commission to take evidence on these issues. (3) The Commission may order the administrative law judge to issue an initial determination as provided in [[Page 57560]] Sec. 210.42(a)(3)(i) and (ii) ruling on a potentially dispositive issue as set forth in the notice of investigation. * * * * * 0 5. Amend Sec. 210.11 by revising paragraph (a)(2)(i) to read as follows: Sec. 210.11 Service of complaint and notice of investigation. (a) * * * (2) * * * (i) Copies of the nonconfidential version of motion for temporary relief, the nonconfidential version of the complaint, and the notice of investigation upon each respondent; and * * * * * Subpart C--Pleadings 0 6. Amend Sec. 210.12 by adding paragraph (a)(9)(xi) to read as follows: Sec. 210.12 The complaint. (a) * * * (9) * * * (xi) The expiration date of each patent asserted. * * * * * 0 7. Amend Sec. 210.14 by revising the section heading and adding paragraphs (h) and (i) to read as follows: Sec. 210.14 Amendments to pleadings and notice; supplemental submissions; counterclaims; consolidation of investigations; severance of investigations; designation of dispositive issue. * * * * * (h) Severance of investigation. The administrative law judge may determine to sever an investigation into two or more investigations at any time prior to or upon issuance of the procedural schedule, based upon either a motion or upon the administrative law judge's own judgment that severance is necessary to limit the number of technologies and/or unrelated patents asserted in a single investigation. The administrative law judge's decision will be in the form of an initial determination pursuant to Sec. 210.42(c)(3). (i) Designation of dispositive issue. Within 30 days of institution of the investigation, the administrative law judge may issue an order designating a potentially dispositive issue for an early ruling. The presiding administrative law judge is authorized, in accordance with section 210.36, to hold expedited hearings on this issue. Subpart D--Motions 0 8. Amend Sec. 210.15 by revising paragraph (a)(2) to read as follows: Sec. 210.15 Motions. (a) * * * (2) When an investigation or related proceeding, not including a preinstitution proceeding except as otherwise prescribed by Sec. 210.52, is before the Commission, all motions shall be addressed to the Chairman of the Commission. All motions shall be filed with the Secretary and shall be served upon each party. * * * * * 0 9. Amend Sec. 210.19 by revising the first sentence to read as follows: Sec. 210.19 Intervention. Any person desiring to intervene in an investigation or a related proceeding under this part shall make a written motion after institution of the investigation or related proceeding. * * * 0 10. Amend Sec. 210.21 by: 0 a. Revising paragraph (b)(2); 0 b. Revising paragraph (c)(2); 0 c. Revising paragraph (c)(3)(ii)(A); 0 d. Revising paragraph (c)(4)(viii); 0 e. Revising paragraph (c)(4)(x); 0 f. Redesignating paragraph (c)(4)(xi) as (c)(4)(xii); and 0 g. Adding new paragraph (c)(4)(xi). The revisions and addition read as follows: Sec. 210.21 Termination of investigations. * * * * * (b) * * * (2) The motion and agreement(s) shall be certified by the administrative law judge to the Commission with an initial determination if the motion for termination is granted. If the licensing or other agreement or the initial determination contains confidential business information, copies of the agreement and initial determination with confidential business information deleted shall be certified to the Commission simultaneously with the confidential versions of such documents. If the Commission's final disposition of the initial determination results in termination of the investigation in its entirety, a notice will be published in the Federal Register. Termination by settlement need not constitute a determination as to violation of section 337 of the Tariff Act of 1930. (c) * * * (2) Commission disposition of consent order. The Commission, after considering the effect of the settlement by consent order upon the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, and U.S. consumers, shall dispose of the initial determination according to the procedures of Sec. Sec. 210.42 through 210.45. If the Commission's final disposition of the initial determination results in termination of the investigation in its entirety, a notice will be published in the Federal Register. Termination by consent order need not constitute a determination as to violation of section 337. Should the Commission reverse the initial determination, the parties are in no way bound by their proposal in later actions before the Commission. (3) * * * (ii) * * * (A) A statement that if any claim of the patent, copyright, trademark, mask work, boat hull design, or unfair trade practice claim that has expired or is held invalid or unenforceable by a court or agency of competent jurisdiction or if any article has been found or adjudicated not to infringe the asserted right in a final decision, no longer subject to appeal, this Consent Order shall become null and void as to such expired, invalid, or unenforceable claim or as to any adjudicated article; * * * * * (4) * * * (viii) A statement that Respondent and its officers, directors, employees, agents, and any entity or individual acting on its behalf and with its authority shall not seek to challenge the validity or enforceability of any asserted patent claims, copyright, trademark, mask work, boat hull design, or unfair trade practice claim in any administrative or judicial proceeding to enforce the Consent Order; * * * * * (x) A statement that if any asserted claim of the patent, copyright, trademark, mask work, boat hull design, or unfair trade practice claim is held invalid or unenforceable by a court or agency of competent jurisdiction or if any article has been found or adjudicated not to infringe the asserted right in a final decision, no longer subject to appeal, this Consent Order shall become null and void as to such invalid or unenforceable claim or adjudicated article; (xi) An admission of all jurisdictional facts; and * * * * * 0 11. Add Sec. 210.22 to read as follows: Sec. 210.22 Designation of dispositive issue. Any party may move within 30 days of institution of the investigation to request that the presiding administrative law judge issue an order designating a potentially dispositive issue for an early ruling. The presiding administrative law judge is authorized, in accordance with [[Page 57561]] Sec. 210.36, to hold expedited hearings on any such designated issue. 0 12. Amend Sec. 210.25 by revising the first sentence of paragraph (a)(1), and revising paragraph (a)(2) to read as follows: Sec. 210.25 Sanctions. (a)(1) Any party may file a motion for sanctions for abuse of process under Sec. 210.4(d)(1), abuse of discovery under Sec. 210.27(g)(3), failure to make or cooperate in discovery under Sec. 210.33 (b) or (c), or violation of a protective order under Sec. 210.34(c). * * * (2) The administrative law judge (when the investigation or related proceeding is before the administrative law judge) or the Commission (when the investigation or related proceeding is before it) also may raise the sanctions issue sua sponte. (See also Sec. Sec. 210.4(d)(1)(ii), 210.27(g)(3), 210.33(c), and 210.34(c).) * * * * * Subpart E--Discovery and Compulsory Process 0 13. Amend Sec. 210.27 by adding paragraph (e)(5) and revising paragraph (g)(3) to read as follows: Sec. 210.27 General provisions governing discovery. * * * * * (e) * * * (5)(i) The provisions of paragraphs (e)(1) through (4) of this section protect drafts of expert reports, regardless of the form in which the draft is recorded. (ii) The provisions of paragraphs (e)(1) through (4) of this section protect communications between the party's attorney and expert witnesses concerning trial preparation, regardless of the form of the communications, except to the extent that the communications: (A) Relate to compensation for the expert's study or testimony; (B) Identify facts or data that the party's attorney provided and that the expert considered in forming the opinions to be expressed; or (iii) Identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions to be expressed. (g) * * * (3) If without substantial justification a request, response, or objection is certified in violation of paragraph (g)(2) of this section, the administrative law judge or the Commission, upon motion or sua sponte under Sec. 210.25 of this part, may impose an appropriate sanction upon the person who made the certification, the party on whose behalf the request, response, or objection was made, or both. * * * * * 0 14. Amend Sec. 210.28 by revising paragraph (h)(3)(v) and adding paragraph (h)(3)(vi) to read as follows: Sec. 210.28 Depositions. * * * * * (h) * * * (3) * * * (v) Upon application and notice, that such exceptional circumstances exist as to make it desirable in the interest of justice and with due regard to the importance of presenting the oral testimony of witnesses at a hearing, to allow the deposition to be used; or (vi) Upon agreement of the parties and within the administrative law judge's discretion, the use of designated deposition testimony in lieu of live witness testimony absent the circumstances otherwise enumerated in this paragraph is permitted. * * * * * 0 15. Amend Sec. 210.32 by revising paragraphs (d) and (f)(1) to read as follows: Sec. 210.32 Subpoenas. * * * * * (d) Objections and motions to quash. (1) Any objection to a subpoena shall be served in writing on the party or attorney designated in the subpoena within 10 days after receipt of the subpoena. The administrative law judge may, for good cause shown, extend the time in which objections may be filed. (2) Any motion to quash a subpoena shall be filed within 10 days after receipt of the subpoena. The administrative law judge may, for good cause shown, extend the time in which motions to quash may be filed. * * * * * (f) * * * (1) Deponents and witnesses. Any person compelled to appear in person to depose or testify in response to a subpoena shall be paid the same fees and mileage as are paid witnesses with respect to proceedings in the courts of the United States; provided, that salaried employees of the United States summoned to depose or testify as to matters related to their public employment, irrespective of the party at whose instance they are summoned, shall be paid in accordance with the applicable Federal regulations. * * * * * 0 16. Amend Sec. 210.34 by revising paragraph (c)(1) to read as follows: Sec. 210.34 Protective orders; reporting requirement; sanctions and other actions. * * * * * (c) Violation of protective order. (1) The issue of whether sanctions should be imposed may be raised on a motion by a party, the administrative law judge's own motion, or the Commission's own initiative in accordance with Sec. 210.25(a)(2). Parties, including the party that identifies an alleged breach or makes a motion for sanctions, and the Commission shall treat the identity of the alleged breacher as confidential business information unless the Commission issues a public sanction. The identity of the alleged breacher means the name of any individual against whom allegations are made. The Commission and the administrative law judge may permit the parties to file written submissions or present oral argument on the issues of the alleged violation of the protective order and sanctions. * * * * * Subpart G--Determinations and Actions Taken 0 17. Amend Sec. 210.42 by: 0 a. Adding paragraph (a)(3); 0 b. Adding paragraph (c)(3); and 0 c. Revising the first sentence of paragraph (e). The additions and revision read as follows: Sec. 210.42 Initial determinations. (a) * * * (3) On potentially dispositive issues. The administrative law judge shall issue an initial determination ruling on a potentially dispositive issue in accordance with a Commission order pursuant to section Sec. 210.10(b)(3) or an administrative law judge's order issued pursuant to section Sec. 210.14(i) or section Sec. 210.22. The administrative law judge shall certify the record to the Commission and shall file an initial determination ruling on the potentially dispositive issue designated pursuant to Sec. 210.42(a)(3)(i) within 100 days, or as extended for good cause shown, of when the issue is designated by the Commission pursuant to Sec. 210.10(b)(3) or by the administrative law judge pursuant to Sec. 210.14(i) or Sec. 210.22. * * * * * (c) * * * (3) A determination pursuant to Sec. 210.14(h) severing an investigation into two or more investigation shall be in the form of an initial determination. * * * * * (e) Notice to and advice from other departments and agencies. Notice of such initial determinations as the Commission may order shall be provided to the U.S. Department of Health and Human Services, the U.S. [[Page 57562]] Department of Justice, the Federal Trade Commission, the U.S. Customs and Border Protection, and such other departments and agencies as the Commission deems appropriate by posting of such notice on the Commission's Web site. * * * * * * * * 0 18. Amend Sec. 210.43 by: 0 a. Adding a new third sentence to paragraph (a)(1); 0 b. Revising the first sentence of paragraph (c); 0 c. Revising paragraph (d)(1); and 0 d. Revising paragraph (d)(3). The revisions read as follows: Sec. 210.43 Petitions for review of initial determinations on matters other than temporary relief. (a) * * * (1) * * * A petition for review of an initial determination issued under Sec. 210.42(a)(3) must be filed within five (5) calendar days after service of the initial determination. * * * * * * * * (c) Responses to the petition. Any party may file a response within eight (8) days after service of a petition for review of a final initial determination under Sec. 210.42(a)(1), within three (3) business days after service of a petition for review of an initial determination under Sec. 210.42(a)(3), and within five (5) business days after service of all other types of petitions, except that a party who has been found to be in default may not file a response to any issue as to which the party has defaulted. * * * (d) * * * (1) The Commission shall decide whether to grant, in whole or in part, a petition for review of an initial determination filed pursuant to Sec. 210.42(a)(2) or Sec. 210.42(c), which grants a motion for summary determination that would terminate the investigation in its entirety if it becomes the final determination of the Commission, Sec. 210.50(d)(3), or Sec. 210.70(c) within 45 days after the service of the initial determination on the parties, or by such other time as the Commission may order. The Commission shall decide whether to grant, in whole or in part, a petition for review of an initial determination filed pursuant to Sec. 210.42(a)(3) within 30 days after the service of the initial determination on the parties, or by such other time as the Commission may order. The Commission shall decide whether to grant, in whole or in part, a petition for review of an initial determination filed pursuant to Sec. 210.42(c), except as noted above, within 30 days after the service of the initial determination on the parties, or by such other time as the Commission may order. * * * * * (3) The Commission shall grant a petition for review and order review of an initial determination or certain issues therein when at least one of the participating Commissioners votes for ordering review. In its notice, the Commission shall establish the scope of the review and the issues that will be considered and make provisions for filing of briefs and oral argument if deemed appropriate by the Commission. 0 19. Revise Sec. 210.47 to read as follows: Sec. 210.47 Petitions for reconsideration. Within 14 days after service of a Commission determination, any party may file with the Commission a petition for reconsideration of such determination or any action ordered to be taken thereunder, setting forth the relief desired and the grounds in support thereof. Any petition filed under this section must be confined to new questions raised by the determination or action ordered to be taken thereunder and upon which the petitioner had no opportunity to submit arguments. Any party desiring to oppose such a petition shall file an answer thereto within five days after service of the petition upon such party. The Commission on its own initiative may order reconsideration of a Commission determination or any action ordered to be taken thereunder. The filing of a petition for reconsideration shall not stay the effective date of the determination or action ordered to be taken thereunder or toll the running of any statutory time period affecting such determination or action ordered to be taken thereunder unless specifically so ordered by the Commission. 0 20. Amend Sec. 210.50 by: 0 a. Revising paragraph (a)(4) introductory text; 0 b. Redesignating paragraphs (a)(4)(i) through(iv) as paragraphs (a)(4)(ii) through (v); and 0 c. Adding new paragraph (a)(4)(i). The revision and additions read as follows: Sec. 210.50 Commission action, the public interest, and bonding by respondents. * * * * * (a) * * * (4) Receive submissions from the parties, interested persons, and other Government agencies and departments with respect to the subject matter of paragraphs (a)(1), (a)(2), and (a)(3) of this section. (i) After a recommended determination on remedy is issued by the presiding administrative law judge, the parties may submit to the Commission, within 30 days from service of the recommended determination, information relating to the public interest, including any updates to the information supplied under Sec. Sec. 210.8(b) and (c) and 210.14(f). Submissions by the parties in response to the recommended determination are limited to 5 pages, inclusive of attachments. This provision does not apply to the public. Dates for submissions from the public are announced in the Federal Register. * * * * * Subpart I--Enforcement Procedures and Advisory Opinions 0 21. Amend Sec. 210.75 by: 0 a. Removing paragraph (a); 0 b. Redesignating paragraph (b) as paragraph (a); 0 c. Adding paragraphs (a)(1)(i) through (iv); 0 d. Adding paragraph (a)(4)(iv); 0 e. Revising newly redesignated paragraph (a)(5); and 0 f. Redesignating paragraph (c) as paragraph (b). The additions and revision read as follows: Sec. 210.75 Proceedings to enforce exclusion orders, cease and desist orders, consent orders, and other Commission orders. (a) * * * (1) * * * (i) The determination of whether to institute shall be made within 30 days after the complaint is filed, unless-- (A) Exceptional circumstances preclude adherence to a 30-day deadline; (B) The filing party requests that the Commission postpone the determination on whether to institute an investigation; or (C) The filing party withdraws the complaint. (ii) If exceptional circumstances preclude Commission adherence to the 30-day deadline for determining whether to institute an investigation on the basis of the complaint, the determination will be made as soon after that deadline as possible. (iii) If the filing party desires to have the Commission postpone making a determination on whether to institute an investigation in response to the complaint, the filing party must file a written request with the Secretary. If the request is granted, the determination will be rescheduled for whatever date is appropriate in light of the facts. (iv) The filing party may withdraw the complaint as a matter of right at any time before the Commission votes on [[Page 57563]] whether to institute an enforcement proceeding. To effect such withdrawal, the filing party must file a written notice with the Commission. * * * * * (4) * * * (iv) Issue a new cease and desist order as necessary to prevent the unfair practices that were the basis for originally issuing the cease and desist order, consent order, and/or exclusion order subject to the enforcement proceeding. (5) Prior to effecting any issuance, modification, revocation, or exclusion under this section, the Commission shall consider the effect of such action upon the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, and U.S. consumers. * * * * * 0 22. Amend Sec. 210.76 by: 0 a. Revising the heading of paragraph (a); 0 b. Revising paragraph (a)(1); 0 c. Adding paragraph (a)(3); and 0 d. Adding paragraphs (b)(1) through (5). The revisions and additions read as follows: Sec. 210.76 Modification or rescission of exclusion orders, cease and desist orders, consent orders, and seizure and forfeiture orders. (a) Petitions for modification or rescission of exclusion orders, cease and desist orders, and consent orders. (1) Whenever any person believes that changed conditions of fact or law, or the public interest, require that an exclusion order, cease and desist order, or consent order be modified or set aside, in whole or in part, such person may request, pursuant to section 337(k)(1), that the Commission make a determination that the conditions which led to the issuance of a exclusion, cease and desist, or consent order no longer exist. The Commission may also on its own initiative consider such action. The request shall state the changes desired and the changed circumstances or public interest warranting such action, shall include materials and argument in support thereof, and shall be served on all parties to the investigation in which the exclusion order, cease and desist order, or consent order was issued. Any person may file an opposition to the petition within 10 days of service of the petition. If the Commission makes such a determination, it shall notify the Secretary of the Treasury and U.S. Custom and Border Protection. * * * * * (3) If the petition requests modification or rescission of an order issued pursuant to section 337 (d), (e), (f), (g), or (i) of the Tariff Act of 1930 on the basis of a licensing or other settlement agreement, the petition shall contain copies of the licensing or other settlement agreements, any supplemental agreements, any documents referenced in the petition or attached agreements, and a statement that there are no other agreements, written or oral, express or implied between the parties concerning the subject matter of the investigation. If the licensing or other settlement agreement contains confidential business information within the meaning of Sec. 201.6(a) of this chapter, a copy of the agreement with such information deleted shall accompany the motion. On motion for good cause shown, the administrative law judge or the Commission may limit the service of the agreements to the settling parties and the Commission investigative attorney. (b) * * * (1) The determination of whether to institute shall be made within 30 days after the petition is filed, unless-- (i) Exceptional circumstances preclude adherence to a 30-day deadline; (ii) The petitioner requests that the Commission postpone the determination on whether to institute a modification or rescission proceeding; (iii) The petitioner withdraws the petition; or (2) If exceptional circumstances preclude Commission adherence to the 30-day deadline for determining whether to institute a modification or rescission proceeding on the basis of the petition, the determination will be made as soon after that deadline as possible. (3) If the petitioner desires to have the Commission postpone making a determination on whether to institute a modification or rescission proceeding in response to the petition, the petitioner must file a written request with the Secretary. If the request is granted, the determination will be rescheduled for a date that is appropriate in light of the facts. (4) The petitioner may withdraw the complaint as a matter of right at any time before the Commission votes on whether to institute a modification or rescission proceeding. To effect such withdrawal, the petitioner must file a written notice with the Commission. (5) The Commission shall institute a modification or rescission proceeding by publication of a notice in the Federal Register. The notice will define the scope of the modification or rescission proceeding and may be amended by leave of the Commission. * * * * * Sec. 210.77 [Removed and Reserved] 0 23. Remove and reserve Sec. 210.77. 0 24. Amend Sec. 210.79 by revising paragraph (a) to read as follows: Sec. 210.79 Advisory opinions. (a) Advisory opinions. Upon request of any person, the Commission may, upon such investigation as it deems necessary, issue an advisory opinion as to whether any person's proposed course of action or conduct would violate a Commission exclusion order, cease and desist order, or consent order. Any responses to a request for an advisory opinion shall be filed within 10 days of service of the request. The Commission will consider whether the issuance of such an advisory opinion would facilitate the enforcement of section 337 of the Tariff Act of 1930, would be in the public interest, and would benefit consumers and competitive conditions in the United States, and whether the person has a compelling business need for the advice and has framed his request as fully and accurately as possible. Advisory opinion proceedings are not subject to sections 554, 555, 556, 557, and 702 of title 5 of the United States Code. (1) The determination of whether to issue and advisory opinion shall be made within 30 days after the petition is filed, unless-- (i) Exceptional circumstances preclude adherence to a 30-day deadline; (ii) The requester asks the Commission to postpone the determination on whether to institute an advisory proceeding; or (iii) The petitioner withdraws the request. (2) If exceptional circumstances preclude Commission adherence to the 30-day deadline for determining whether to institute an advisory proceeding on the basis of the request, the determination will be made as soon after that deadline as possible. (3) If the requester desires that the Commission postpone making a determination on whether to institute an advisory proceeding in response to its request, the requester must file a written request with the Secretary. If the request is granted, the determination will be rescheduled for whatever date is appropriate in light of the facts. (4) The requester may withdraw the request as a matter of right at any time before the Commission votes on whether to institute an advisory proceeding. To effect such withdrawal, [[Page 57564]] the requester must file a written notice with the Commission. (5) The Commission shall institute an advisory proceeding by publication of a notice in the Federal Register. The notice will define the scope of the advisory opinion and may be amended by leave of the Commission. * * * * * Issued: September 16, 2015. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-23597 Filed 9-23-15; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules 57553
electric system elements in response to actions proposed herein fall within this during normal business hours from the
stable power swings. As shown in the categorical exclusion in the Commission’s Online Support at 202–
information collection section, an Commission’s regulations. 502–6652 (toll free at 1–866–208–3676)
estimated 1,092 entities are expected to or email at ferconlinesupport@ferc.gov,
VI. Comment Procedures
evaluate bulk electric system elements or the Public Reference Room at (202)
and load-responsive protective relay(s) 26. The Commission invites interested 502–8371, TTY (202) 502–8659. Email
according to Attachment B criteria of persons to submit comments on the the Public Reference Room at
proposed PRC–026–1. Comparison of matters and issues proposed in this public.referenceroom@ferc.gov.
the applicable entities with the notice to be adopted, including any
By direction of the Commission.
Commission’s small business data related matters or alternative proposals
that commenters may wish to discuss. Issued: September 17, 2015.
indicates that approximately 661 are
small entities 35 or 60.53 percent of the Comments are due November 23, 2015. Nathaniel J. Davis, Sr.,
respondents affected by proposed Comments must refer to Docket No. Deputy Secretary.
Reliability Standard PRC–026–1. RM15–8–000, and must include the [FR Doc. 2015–24279 Filed 9–23–15; 8:45 am]
23. As discussed above, proposed commenter’s name, the organization BILLING CODE 6717–01–P
Reliability Standard PRC–026–1 will they represent, if applicable, and
serve to enhance reliability by imposing address.
mandatory requirements governing 27. The Commission encourages INTERNATIONAL TRADE
generator relay loadability, thereby comments to be filed electronically via COMMISSION
reducing the likelihood of premature or the eFiling link on the Commission’s
unnecessary tripping of generators Web site at http://www.ferc.gov. The 19 CFR Parts 201 and 210
during system disturbances. The Commission accepts most standard
Commission estimates that each of the word processing formats. Documents Rules of General Application,
small entities to whom the proposed created electronically using word Adjudication and Enforcement
Reliability Standard PRC–026–1 applies processing software should be filed in AGENCY: International Trade
will incur paperwork and record native applications or print-to-PDF Commission.
retention costs of $935.28 per entity format and not in a scanned format.
ACTION: Notice of proposed rulemaking.
(annual ongoing). Commenters filing electronically do not
24. The Commission does not need to make a paper filing. SUMMARY: The United States
consider the estimated costs per small 28. Commenters that are not able to International Trade Commission
entity to have a significant economic file comments electronically must send (‘‘Commission’’) proposes to amend its
impact on a substantial number of small an original of their comments to: Rules of Practice and Procedure
entities. Accordingly, the Commission Federal Energy Regulatory Commission, concerning rules of general application,
certifies that proposed Reliability Secretary of the Commission, 888 First adjudication, and enforcement. The
Standard PRC–026–1 will not have a Street NE., Washington, DC 20426. amendments are necessary to make
significant economic impact on a 29. All comments will be placed in certain technical corrections, to clarify
substantial number of small entities. the Commission’s public files and may certain provisions, to harmonize
The Commission seeks comment on this be viewed, printed, or downloaded different parts of the Commission’s
certification. remotely as described in the Document rules, and to address concerns that have
V. Environmental Analysis Availability section below. Commenters arisen in Commission practice. The
on this proposal are not required to intended effect of the proposed
25. The Commission is required to serve copies of their comments on other
prepare an Environmental Assessment amendments is to facilitate compliance
commenters. with the Commission’s Rules and
or an Environmental Impact Statement
for any action that may have a VII. Document Availability improve the administration of agency
significant adverse effect on the human proceedings.
30. In addition to publishing the full
environment.36 The Commission has text of this document in the Federal DATES: To be assured of consideration,
categorically excluded certain actions Register, the Commission provides all written comments must be received by
from this requirement as not having a interested persons an opportunity to 5:15 p.m. November 23, 2015.
significant effect on the human view and/or print the contents of this ADDRESSES: You may submit comments,
environment. Included in the exclusion document via the Internet through the identified by docket number MISC–045,
are rules that are clarifying, corrective, Commission’s Home Page (http:// by any of the following methods:
or procedural or that do not www.ferc.gov) and in the Commission’s —Federal eRulemaking Portal: http://
substantially change the effect of the Public Reference Room during normal www.regulations.gov. Follow the
regulations being amended.37 The business hours (8:30 a.m. to 5 p.m. instructions for submitting comments.
Eastern time) at 888 First Street NE., —Agency Web site: http://
35 The Small Business Administration sets the
Room 2A, Washington, DC 20426. www.usitc.gov. Follow the
threshold for what constitutes a small business.
Public utilities may fall under one of several
31. From the Commission’s Home instructions for submitting comments
different categories, each with a size threshold Page on the Internet, this information is on the Web site at http://
based on the company’s number of employees, available on eLibrary. The full text of www.usitc.gov/secretary/edis.htm.
including affiliates, the parent company, and this document is available on eLibrary —Email: megan.valentine@usitc.gov.
subsidiaries. For the analysis in this NOPR, we
tkelley on DSK3SPTVN1PROD with PROPOSALS
apply a 500 employee threshold for each affected in PDF and Microsoft Word format for Include docket number MISC–045 in
entity. Each entity is classified as Electric Bulk viewing, printing, and/or downloading. the subject line of the message.
Power Transmission and Control (NAICS code To access this document in eLibrary, —Mail: For paper submission. U.S.
221121). type the docket number of this International Trade Commission, 500
36 Regulations Implementing the National
document, excluding the last three E Street SW., Room 112, Washington,
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs., Regulations Preambles 1986– digits, in the docket number field. DC 20436.
1990 ¶ 30,783 (1987). 32. User assistance is available for —Hand Delivery/Courier: U.S.
37 18 CFR 380.4(a)(2)(ii) (2015). eLibrary and the Commission’s Web site International Trade Commission, 500
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![57556 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules
for motions, other than motions for apply to any intellectual property right Subpart E—Discovery and Compulsory
temporary relief, to be filed with the that has been held invalid or Process
Commission prior to institution of an unenforceable or to any adjudicated Section 210.27
investigation. Subsection 210.15(a)(1) is article found not to infringe the asserted
not amended because matters are not right or no longer in violation by the Section 210.27 contains the general
delegated to an administrative law judge Commission or a court or agency of provisions governing discovery during a
until after an investigation has been competent jurisdiction in a final, section 337 investigation or related
instituted. nonreviewable decision. The proposed proceeding. The proposed rule would
rule would also amend subsection add section 210.27(e)(5) to add language
Section 210.19 consistent with Federal Rule of Civil
210.21(c)(4)(viii) to add ‘‘any asserted
Section 210.19 provides for patent claims,’’ delete ‘‘the claims of the Procedure 26 concerning the
intervention in an investigation or asserted patent,’’ delete the second preservation of privilege between
related proceeding. The proposed rule occurrence of the word ‘‘claims,’’ and counsel and expert witnesses. In
would amend section 210.19 to clarify add the word ‘‘claim’’ after ‘‘unfair trade particular, the proposed rule specifies
that motions to intervene may be filed that privilege applies to
practice’’ in the phrase ‘‘validity or
only after institution of an investigation communications between a party’s
enforceability of the claims of the
or a related proceeding. counsel and any expert witness retained
asserted patent claims . . . unfair trade
on behalf of that party and to any draft
Section 210.21 practice in any administrative or
reports or disclosures that the expert
Subsections 210.21(b)(2) and (c)(2) judicial proceeding to enforce the
prepares at counsel’s behest.
authorize the presiding administrative Consent Order[.]’’ The proposed rule Subsection 210.27(g) details the
law judge to grant by initial would further amend subsection requirements of providing appropriate
determination motions to terminate an 210.21(c)(4)(x) to add ‘‘asserted’’ before signatures with every discovery request,
investigation due to settlement or ‘‘claim of the patent. . . .’’ and to add response, and objection, and the
consent order, respectively. The ‘‘claim’’ after ‘‘or unfair trade consequences for failing to do so. The
subsections further provide that the practice. . . .’’ The proposed rule also proposed rule would amend subsection
Commission shall notify certain would add new subsection 210.27(g)(3) to clarify that a presiding
agencies of the initial determination and 210.21(c)(4)(xi) to require in the consent administrative law judge or the
the settlement agreement or consent order an admission of all jurisdictional Commission may impose sanctions if,
order. Those agencies include the U.S. facts, similar to the provision requiring without substantial justification, a party
Department of Health and Human such a statement in the consent order certifies a discovery request, response,
Services, the U.S. Department of Justice, stipulation (210.21(c)(3)(i)(A)). or objection in violation of subsection
the Federal Trade Commission, the U.S. 210.27(g)(2).
Section 210.22
Customs Service (now U.S. Customs and
Border Protection), and such other Section 210.28
The proposed rule would add new
departments and agencies as the section 210.22 to allow parties to file a Section 210.28 provides for the
Commission deems appropriate. motion within 30 days of institution of taking, admissibility, and use of party
Currently, the Commission effects the investigation requesting the and witness depositions. In particular,
such notice through various electronic presiding administrative law judge to subsection 210.28(h)(3) provides that
means, including posting a public issue an order designating a potentially the deposition of a witness, whether or
version of the initial determination and dispositive issue for an early ruling. The not a party, may be used for any
public versions of any related settlement proposed rule would also provide purpose if the presiding administrative
agreements or consent orders on its Web authority for the presiding law judge finds certain circumstances
site. The proposed rule would amend administrative law judge to hold exist. The proposed rule would add
subsections 210.21(b)(2) and (c)(2) to expedited hearings on such issues in subsection 210.28(h)(3)(vi) to allow,
clarify that the Commission need not accordance with section 210.36. within the discretion of the presiding
specifically notify the listed agencies administrative law judge, the use of
regarding any such initial determination Section 210.25 agreed-upon designated deposition
and related settlement agreements or testimony in lieu of live witness
consent orders. This change is intended Section 210.25 provides for the
testimony absent the circumstances
to conserve Commission resources and process by which a party may request
enumerated in subsection 210.28(h)(3).
does not relieve the Commission of its and the presiding administrative law
obligation under section 337(b)(2) to judge or the Commission may grant Section 210.32
consult with and seek advice and sanctions. In particular, subsection Section 210.32 provides for the use of
information from the indicated agencies 210.25(a)(1) states the grounds for subpoenas during the discovery phase
as the Commission considers which a party may file a motion for of a section 337 investigation. In
appropriate during the course of a sanctions. The proposed rule would particular, subsection 210.32(d)
section 337 investigation. amend subsection 210.25(a)(1) to clarify provides for the filing of motions to
In addition, subsection 210.21(c)(3) that a motion for sanctions may be filed quash a subpoena that the presiding
sets out the required contents of a for abuse of discovery under subsection administrative law judge has issued.
consent order stipulation while 210.27(g)(3). The proposed rule would amend
tkelley on DSK3SPTVN1PROD with PROPOSALS
subsection 210.21(c)(4) sets out the In addition, subsection 210.25(a)(2) subsection 210.32(d) to clarify that a
required contents of the consent order. provides that a presiding administrative party upon which a subpoena has been
The proposed rule would amend law judge or the Commission may raise served may file an objection to the
subsection 210.21(c)(3)(ii)(A) to conform sanctions issues as appropriate. The subpoena within ten days of receipt of
to subsection 210.21(c)(4)(x), which proposed rule would amend subsection the subpoena, with the possibility of
requires that the consent order 210.25(a)(2) to clarify that the requesting an extension of time for filing
stipulation and consent order contain a subsection regarding sanctions for abuse objections for good cause shown. The
statement that a consent order shall not of discovery is subsection 210.27(g)(3). proposed rule would also amend
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![Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules 57563
whether to institute an enforcement (3) If the petition requests proceeding and may be amended by
proceeding. To effect such withdrawal, modification or rescission of an order leave of the Commission.
the filing party must file a written notice issued pursuant to section 337 (d), (e), * * * * *
with the Commission. (f), (g), or (i) of the Tariff Act of 1930
* * * * * on the basis of a licensing or other § 210.77 [Removed and Reserved]
(4) * * * settlement agreement, the petition shall ■ 23. Remove and reserve § 210.77.
(iv) Issue a new cease and desist order contain copies of the licensing or other ■ 24. Amend § 210.79 by revising
as necessary to prevent the unfair settlement agreements, any paragraph (a) to read as follows:
practices that were the basis for supplemental agreements, any
§ 210.79 Advisory opinions.
originally issuing the cease and desist documents referenced in the petition or
attached agreements, and a statement (a) Advisory opinions. Upon request
order, consent order, and/or exclusion of any person, the Commission may,
order subject to the enforcement that there are no other agreements,
written or oral, express or implied upon such investigation as it deems
proceeding. necessary, issue an advisory opinion as
(5) Prior to effecting any issuance, between the parties concerning the
subject matter of the investigation. If the to whether any person’s proposed
modification, revocation, or exclusion course of action or conduct would
under this section, the Commission licensing or other settlement agreement
contains confidential business violate a Commission exclusion order,
shall consider the effect of such action cease and desist order, or consent order.
upon the public health and welfare, information within the meaning of
§ 201.6(a) of this chapter, a copy of the Any responses to a request for an
competitive conditions in the U.S. advisory opinion shall be filed within
economy, the production of like or agreement with such information
deleted shall accompany the motion. On 10 days of service of the request. The
directly competitive articles in the Commission will consider whether the
United States, and U.S. consumers. motion for good cause shown, the
administrative law judge or the issuance of such an advisory opinion
* * * * * would facilitate the enforcement of
■ 22. Amend § 210.76 by:
Commission may limit the service of the
agreements to the settling parties and section 337 of the Tariff Act of 1930,
■ a. Revising the heading of paragraph would be in the public interest, and
the Commission investigative attorney.
(a); would benefit consumers and
■ b. Revising paragraph (a)(1);
(b) * * *
(1) The determination of whether to competitive conditions in the United
■ c. Adding paragraph (a)(3); and States, and whether the person has a
■ d. Adding paragraphs (b)(1) through
institute shall be made within 30 days
after the petition is filed, unless— compelling business need for the advice
(5). and has framed his request as fully and
The revisions and additions read as (i) Exceptional circumstances
accurately as possible. Advisory opinion
follows: preclude adherence to a 30-day
proceedings are not subject to sections
deadline;
554, 555, 556, 557, and 702 of title 5 of
§ 210.76 Modification or rescission of (ii) The petitioner requests that the
exclusion orders, cease and desist orders, the United States Code.
Commission postpone the
consent orders, and seizure and forfeiture (1) The determination of whether to
determination on whether to institute a
orders. issue and advisory opinion shall be
modification or rescission proceeding;
(a) Petitions for modification or made within 30 days after the petition
(iii) The petitioner withdraws the is filed, unless—
rescission of exclusion orders, cease and petition; or (i) Exceptional circumstances
desist orders, and consent orders. (1) (2) If exceptional circumstances preclude adherence to a 30-day
Whenever any person believes that preclude Commission adherence to the deadline;
changed conditions of fact or law, or the 30-day deadline for determining (ii) The requester asks the
public interest, require that an exclusion whether to institute a modification or Commission to postpone the
order, cease and desist order, or consent rescission proceeding on the basis of the determination on whether to institute an
order be modified or set aside, in whole petition, the determination will be made advisory proceeding; or
or in part, such person may request, as soon after that deadline as possible. (iii) The petitioner withdraws the
pursuant to section 337(k)(1), that the (3) If the petitioner desires to have the request.
Commission make a determination that Commission postpone making a (2) If exceptional circumstances
the conditions which led to the issuance determination on whether to institute a preclude Commission adherence to the
of a exclusion, cease and desist, or modification or rescission proceeding in 30-day deadline for determining
consent order no longer exist. The response to the petition, the petitioner whether to institute an advisory
Commission may also on its own must file a written request with the proceeding on the basis of the request,
initiative consider such action. The Secretary. If the request is granted, the the determination will be made as soon
request shall state the changes desired determination will be rescheduled for a after that deadline as possible.
and the changed circumstances or date that is appropriate in light of the (3) If the requester desires that the
public interest warranting such action, facts. Commission postpone making a
shall include materials and argument in (4) The petitioner may withdraw the determination on whether to institute an
support thereof, and shall be served on complaint as a matter of right at any advisory proceeding in response to its
all parties to the investigation in which time before the Commission votes on request, the requester must file a written
the exclusion order, cease and desist whether to institute a modification or request with the Secretary. If the request
order, or consent order was issued. Any rescission proceeding. To effect such
tkelley on DSK3SPTVN1PROD with PROPOSALS
is granted, the determination will be
person may file an opposition to the withdrawal, the petitioner must file a rescheduled for whatever date is
petition within 10 days of service of the written notice with the Commission. appropriate in light of the facts.
petition. If the Commission makes such (5) The Commission shall institute a (4) The requester may withdraw the
a determination, it shall notify the modification or rescission proceeding request as a matter of right at any time
Secretary of the Treasury and U.S. by publication of a notice in the Federal before the Commission votes on
Custom and Border Protection. Register. The notice will define the whether to institute an advisory
* * * * * scope of the modification or rescission proceeding. To effect such withdrawal,
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![57564 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules
the requester must file a written notice responses to inform the agencies’ FHWA’s HSIP primarily addresses
with the Commission. decisions on their respective highway infrastructure-related projects and
(5) The Commission shall institute an safety programs. strategies. The NHTSA’s State Highway
advisory proceeding by publication of a DATES: September 24, 2015. Safety Grant Programs primarily focus
notice in the Federal Register. The FOR FURTHER INFORMATION CONTACT: For on driver behavior projects and
notice will define the scope of the questions about the program discussed strategies. One notable distinction is
advisory opinion and may be amended herein, contact Melonie Barrington, that the statute governing the NHTSA
by leave of the Commission. FHWA Office of Safety, (202) 366–8029, grant program requires State highway
* * * * * or via email at Melonie.Barrington@ safety activities to be under the direct
dot.gov; or Barbara Sauers, NHTSA auspices of the Governor. In contrast to
Issued: September 16, 2015.
Office of Regional Operations and the NHTSA grant program, the HSIP is
By order of the Commission. administered by the State Department of
Lisa R. Barton, Program Delivery, (202) 366–0144, or
via email at Barbara.Sauers@dot.gov. Transportation.
Secretary to the Commission. Both the HSIP projects and the HSP
For legal questions, please contact Mr.
[FR Doc. 2015–23597 Filed 9–23–15; 8:45 am] must be coordinated with the SHSP and
William Winne, Attorney-Advisor,
BILLING CODE 7020–02–P both programs contribute to the goals
FHWA Office of the Chief Counsel, and objectives of the SHSP, but they do
(202) 366–1397, or via email at so in different ways based on different
william.winne@dot.gov; or Jin H. Kim, statutory authority.
DEPARTMENT OF TRANSPORTATION Attorney-Advisor, NHTSA Office of the The funding for individual project
Federal Highway Administration Chief Counsel, (202) 366–1834, or via and strategy implementation is
email at Jin.Kim@dot.gov. Office hours contained in the Statewide
23 CFR Part 924 are from 8 a.m. to 4:30 p.m., e.t., Transportation Improvement Program
Monday through Friday, except Federal for the HSIP and the annual HSP for
National Highway Traffic Safety holidays. NHTSA’s State Highway Safety Grant
Administration SUPPLEMENTARY INFORMATION: Programs. Following the
Electronic Access and Filing implementation period, the State then
23 CFR Part 1200 reports on progress to implement the
This document, all comments, and the projects and strategies and the extent to
[FHWA Docket No. FHWA–2014–0032] request for comments notice may be which they contribute to achieving the
viewed on line through the Federal State’s safety goals and targets. The
Retrospective Regulatory Review— eRulemaking portal at: http://
State Safety Plan Development and HSIP report is submitted to FHWA by
www.regulations.gov. The docket August 31st each year, while the HSP
Reporting identification number is FHWA–2014– report is submitted to NHTSA by the
AGENCY: Federal Highway 0032. The Web site is available 24 hours end of each calendar year.
Administration (FHWA), National each day, 365 days each year. Anyone
Highway Traffic Safety Administration is able to search the electronic form of Summary of Responses
(NHTSA), Department of Transportation all comments in any of our dockets by The FHWA received comments from
(DOT). the name of the individual submitting 28 State DOT representatives, 7 State
ACTION: Notice of regulatory review. the comment (or signing the comment, Offices of Highway Safety (or similar-
if submitted on behalf of an association, named agencies), and 5 associations.
SUMMARY: Consistent with Executive business, or labor union). You may The following sections indicate the
Order 13563, Improving Regulation and review DOT’s complete Privacy Act specific question as stated in the
Regulatory Review, and in particular its Statement in the Federal Register Request for Comments and provide a
emphasis on burden-reduction and on published on April 11, 2000 (65 FR summary of the associated docket
retrospective analysis of existing rules, 19476), or you may visit http:// comments.
a Request for Comments was published DocketsInfo.dot.gov.
on November 28, 2014, to solicit input How do State offices currently collect
on State highway safety plan Request for Comments and report data to FHWA and NHTSA?
development and reporting On November 28, 2014, FHWA and Are any elements of those information
requirements, which specifically refers NHTSA published a Request for collections or reports duplicative? If yes,
to the development of the State Comments at 79 FR 70914 soliciting what are those duplicative requirements
Highway Safety Plan (HSP) and input on actions FHWA and NHTSA and are there ways to streamline them?
Strategic Highway Safety Plan (SHSP), could take to address potentially The responses indicated that the
and the reporting requirements of the duplicative State highway safety means for collecting and reporting data
Highway Safety Improvement Program planning and reporting requirements in are unique and often tailored by each
(HSIP) and HSP. Thirty-eight unique order to streamline and harmonize these State. Several States use a combination
letters were received and this document programs, to the extent possible, in view of national reporting databases, such as
provides a summary of the input from of the separate statutory authority and the Fatality Analysis Reporting System
these letters. Given the lack of support focus of the two programs. (FARS), and their own database(s)
for any significant changes in the The FHWA’s HSIP and NHTSA’s specifically developed for their State.
tkelley on DSK3SPTVN1PROD with PROPOSALS
highway safety plan development and State Highway Safety Grant Programs According to the Governor’s Highway
reporting requirements, neither the share a common goal—to save lives on Safety Association (GHSA), most States
FHWA nor NHTSA will change the HSP our Nation’s roadways—and have three have created comprehensive, tailored,
or SHSP development requirements nor common performance measures. These complex programs that capture the most
change the HSIP or HSP reporting programs have complementary but reliable, relevant data for their own
requirements at this time. However, the distinctly different focus areas and requirements. Many States indicated
FHWA and NHTSA will consider the administrative and operational that data was collected by various
valuable information offered in the procedures and requirements. The departments, yet was available to other
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Document Created: 2018-02-26 10:18:09
Document Modified: 2018-02-26 10:18:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | To be assured of consideration, written comments must be received by 5:15 p.m. November 23, 2015. | |
| Contact | Megan M. Valentine, telephone 202-708- 2301, Office of the General Counsel, United States International Trade Commission. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server at http:// www.usitc.gov. | |
| FR Citation | 80 FR 57553 | |
| CFR Citation | 19
CFR
201 19 CFR 210 | |
| CFR Associated | Administration Practice and Procedure; Reporting and Recordkeeping Requirements; Business and Industry; Customs Duties and Inspection; Imports and Investigations |
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