81_FR_14769 81 FR 14716 - Establishment of a Petition Process To Review the Eligibility of Countries Under the African Growth and Opportunity Act (AGOA)

81 FR 14716 - Establishment of a Petition Process To Review the Eligibility of Countries Under the African Growth and Opportunity Act (AGOA)

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range14716-14718
FR Document2016-06127

The Trade Preferences Extension Act of 2015 (TPEA) requires the President to establish a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA). This authority has been delegated to the Office of the United States Trade Representative (USTR).

Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Rules and Regulations]
[Pages 14716-14718]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06127]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

15 CFR Part 2017

[Docket Number USTR-2016-0002]
RIN 0350-AA07


Establishment of a Petition Process To Review the Eligibility of 
Countries Under the African Growth and Opportunity Act (AGOA)

AGENCY: Office of the United States Trade Representative.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Trade Preferences Extension Act of 2015 (TPEA) requires 
the President to establish a petition process to review the eligibility 
of countries for the benefits of the African Growth and Opportunity Act 
(AGOA). This authority has been delegated to the Office of the United 
States Trade Representative (USTR).

DATES: The interim final rule is effective on March 18, 2016. USTR will 
accept comments on the interim final rule in writing on or before April 
18, 2016.

ADDRESSES: All comments must be submitted electronically at 
www.regulations.gov, docket number USTR-2016-0002.

FOR FURTHER INFORMATION CONTACT: For procedural questions, please 
contact Yvonne Jamison, Trade Policy Staff Committee, at 202-395-3475. 
Direct all other questions to Constance Hamilton, Deputy Assistant U.S. 
Trade Representative for African Affairs, at 
[email protected] or 202-395-9514.

SUPPLEMENTARY INFORMATION:

I. Background

    The AGOA (Title I of the Trade and Development Act of 2000, Pub. L. 
106-200) (19 U.S.C. 2466a et seq.), as amended, contains provisions for 
enhanced trade benefits for eligible sub-Saharan African countries.
    Section 506(c) of the TPEA, which was signed into law on June 29, 
2015 (Pub. L. 114-27, sec. 105(d)(3), 129 Stat. 366-367)), requires the 
President to establish a process to allow any interested person, at any 
time, to file a petition with USTR concerning the compliance of any 
sub-Saharan African country listed in section 107 of the AGOA (19 
U.S.C. 3706), with the eligibility requirements set forth in section 
104 of the AGOA (19 U.S.C. 3703) and the eligibility criteria set forth 
in section 502 of the Trade Act of 1974 (19 U.S.C. 2462). On February 
26, 2016, the President delegated this authority to USTR. See E.O. 
13720 of Feb. 26, 2016, 81 FR 11087, Mar. 2, 2016.

II. Analysis of the Interim Final Rule

    The interim final rule adds 15 CFR part 2017. The new Part 2017 
establishes a petition process that supplements the annual (normal 
cycle) request for public comments on whether a beneficiary sub-Saharan 
African country is meeting the eligibility criteria and requirements of 
the AGOA program (see, e.g., 80 FR 48951, Aug. 14, 2015).
    Section 2017.0 defines acronyms used throughout Part 2017.
    Section 2017.1 permits any interested party to submit a petition, 
at any time, regarding whether a beneficiary sub-Saharan African 
country meets the eligibility requirements in section 104 of the AGOA 
and the eligibility criteria in section 502 of the Trade Act of 1974. 
It requires that a petition adequately identify the country and the 
concern. A petition indicating the existence of exceptional 
circumstances warranting an out-of-cycle review must contain a 
statement of reasons explaining why an out-of-cycle review is 
warranted.
    Section 2017.2 explains how USTR will process petitions. USTR will 
consider petitions filed in accordance with the public comment period 
of the annual (normal cycle) review of all beneficiary countries in 
conjunction with that review. USTR will consider petitions filed 
outside of that time frame in the next (normal cycle) annual review. If 
USTR receives a petition outside of the annual (normal cycle) review 
process that indicates the existence of exceptional circumstances, the 
AGOA Implementation Subcommittee will consider whether there is a basis 
for the initiation of an out-of-cycle review and make recommendations 
to the Trade Policy Staff Committee, which will, in turn, advise the 
U.S. Trade Representative. If the U.S. Trade Representative finds that 
there are exceptional circumstances warranting an out-of-cycle review, 
within 30 days of that determination USTR will announce a schedule for 
the review in the Federal Register.
    Section 2017.3 requires USTR to publish a summary of the actions 
taken in response to petitions in the Federal Register. The notice also 
will include a list of pending petitions upon which no decision has 
been made.
    Section 2017.4 provides that all submitted materials will be made 
available for public inspection at www.regulations.gov other than 
appropriately designated confidential business information.
    The TPEA extended the AGOA until September 30, 2025. See Pub. L. 
114-27, sec. 103, 129 Stat. 364, June 29, 2015. Section 2017.5 provides 
that the AGOA petition process will expire on that date unless extended 
by statute.

III. Requirements for Submission

    All submissions must be in English and must be submitted 
electronically via http://www.regulations.gov. USTR will not accept 
hand-delivered submissions. To make a submission using http://www.regulations.gov, enter the docket number USTR-2016-0002 in the 
``Search for'' field on the home page and click ``Search.'' The site 
will provide a search-results page listing all documents associated 
with this docket. Find a reference to this notice by selecting 
``Notice'' under ``Document Type'' in the ``Filter Results by'' section 
on the left side of the screen and click

[[Page 14717]]

on the link entitled ``Comment Now.'' The http://www.regulations.gov 
Web site offers the option of providing comments by filling in a ``Type 
Comment'' field or by attaching a document using the ``Upload file(s)'' 
field. (For further information on using the http://www.regulations.gov 
Web site, please consult the resources provided on the Web site by 
clicking on ``How to Use This Site'' on the left side of the home 
page.) The http://www.regulations.gov Web site allows users to provide 
comments by filling in a ``Type Comment'' field or by attaching a 
document using the ``Upload file(s)'' field. The AGOA Implementation 
Subcommittee prefers that submissions be provided in an attached 
document.

Business Confidential Submissions

    USTR will grant business confidential status to information you 
submit if you certify that you would not customarily release the 
information to the public and clearly designate it as confidential 
business information. You must mark your submission ``BUSINESS 
CONFIDENTIAL'' at the top and bottom of the cover page and on each 
succeeding page, and the submission should indicate, via brackets, the 
specific information that is confidential. Additionally, you must 
include ``Business Confidential'' in the ``Type Comment'' field. If you 
submit a comment containing business confidential information, you also 
must submit a separate non-confidential version that is not a part of 
the same submission as the confidential version, indicating where 
confidential information has been redacted. The non-confidential 
version will be placed in the docket and open to public inspection.

Public Inspection

    All comments we receive, except for information granted ``business 
confidential'' status, will be available for public viewing without 
change, including any personal information you provide, such as your 
name and address. You can find the comments by entering docket number 
USTR-2016-0002 in the search field at www.regulations.gov.

IV. Notice and Public Participation

    USTR is promulgating these changes as an interim final rule in 
order to meet the statutory deadline for establishment of a petition 
process. Accordingly, USTR for good cause finds that the notice and 
publication requirements of the Administrative Procedure Act are 
unnecessary. See 5 U.S.C. 553(b)(3)(B). However, because this type of 
rulemaking generally requires notice and receipt of public comment, 
USTR will accept written comments on the interim final rule on or 
before April 18, 2016.

V. Effective Date

    For the reasons stated in part IV above, USTR for good cause finds 
that the interim final rule should become effective on March 18, 2016. 
See 5 U.S.C. 553(d)(3).

VI. Regulatory Flexibility Act

    USTR is adopting 15 CFR part 2017 in the form of an interim final 
rule and not as a proposed rule. Therefore, the provisions of the 
Regulatory Flexibility Act do not apply. See 5 U.S.C. 601(2), 603(a).

VII. Paperwork Reduction Act

    The interim final rule does not contain any collections of 
information under the Paperwork Reduction Act of 1995. See 44 U.S.C. 
3501 et seq. Consequently, USTR has not submitted any information to 
the Office of Management and Budget for review.

List of Subjects in 15 CFR Part 2017

    Administrative practice and procedure, Confidential business 
information, Foreign trade.


0
For the reasons stated in the preamble, USTR amends 15 CFR by adding 
part 2017 to read as follows:

PART 2017--PETITION PROCESS TO REVIEW ELIGIBILITY OF COUNTRIES 
UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)

Sec.
2017.0 Definitions.
2017.1 Petition for review.
2017.2 Action following receipt of a petition.
2017.3 Publication regarding petitions.
2017.4 Public inspection.
2017.5 Expiration.

    Authority:  19 U.S.C. 2466a et seq.; Pub. L. 114-27, sec. 
105(d)(3), 129 Stat. 366-367, June 29, 2015; E.O. 13720 of Feb. 26, 
2016, 81 FR 11087, Mar. 2, 2016


Sec.  2017.0  Definitions.

    For purposes of this part:
    AGOA means the African Growth and Opportunity Act, as amended 
(Title I of the Trade and Development Act of 2000, Pub. L. 106-200) (19 
U.S.C. 2466a et seq.).
    TPC means the Trade Policy Committee.
    TPRG means the Trade Policy Review Group.
    TPSC means the Trade Policy Staff Committee.
    USTR means the Office of the United States Trade Representative.


Sec.  2017.1  Petition for review.

    (a) Any person may submit a petition to USTR in accordance with 
this section with respect to the compliance of any country listed in 
section 107 of the AGOA (19 U.S.C. 3706), with the eligibility 
requirements set forth in section 104 of the AGOA (19 U.S.C. 3703) and 
the eligibility criteria set forth in section 502 of the Trade Act of 
1974 (19 U.S.C. 2462).
    (b) A petition must:
    (1) Identify the sub-Saharan African country that would be subject 
to the review;
    (2) Indicate the specific eligibility requirement or criterion that 
the petitioner believes warrants review; and
    (3) Include all available supporting arguments and information to 
explain why review is warranted.
    (c) A petition requesting an out-of-cycle review under section 
111(d)(4) of the AGOA (19 U.S.C. 2466a(d)(4)) must contain a statement 
indicating the existence of exceptional circumstances warranting the 
out-of-cycle review.
    (d) The TPSC may request additional information.


Sec.  2017.2  Action following receipt of a petition.

    (a) USTR will consider a petition received in accordance with the 
schedule published in the Federal Register for the annual (normal 
cycle) AGOA review process under section 111 of the AGOA (19 U.S.C. 
2466a) in conjunction with that annual review.
    (b) Except as provided in paragraph (c) of this section, USTR will 
consider a petition received at any time other than the time described 
in paragraph (a) of this section, in accordance with the schedule 
published in the Federal Register for the next annual (normal cycle) 
AGOA review process.
    (c)(1) If a petition received at any time other than the time 
described in paragraph (a), requests an out-of-cycle review under 
section 111(d)(4) of the AGOA (19 U.S.C. 2466a(d)(4)), within 60 days:
    (i) The AGOA Implementation Subcommittee will review the petition 
and report to the TPSC whether there are exceptional circumstances 
warranting an out-of-cycle review;
    (ii) The TPSC will conduct further review as necessary;
    (iii) The TPSC Chair will report the results of the TPSC review to 
the U.S. Trade Representative; and
    (iv) The U.S. Trade Representative may convene the TPRG or the TPC 
for further review of the TPSC recommendations and other decisions.
    (2) If the U.S. Trade Representative finds that there are 
exceptional

[[Page 14718]]

circumstances warranting an out-of-cycle review, within 30 days of that 
determination USTR will announce a schedule for the review in the 
Federal Register. The schedule will include the deadline and guidelines 
for any party to submit written comments supporting, opposing or 
otherwise commenting on any proposed action.
    (3) For any out-of-cycle review initiated under this paragraph (c), 
the AGOA Implementation Subcommittee will consider public input 
received by the applicable deadline and any other relevant information 
and report to the TPSC. The TPSC will conduct further review as 
necessary and prepare recommendations for the U.S. Trade 
Representative. The U.S. Trade Representative may convene the TPRG or 
the TPC for further review of recommendations and other decisions. The 
U.S. Trade Representative will make recommendations to the President, 
which may include a recommendation that no action be taken.


Sec.  2017.3  Publication regarding petitions.

    USTR will publish in the Federal Register:
    (a) A list of actions taken in response to a petition, such as the 
publication of a Presidential proclamation modifying the designation of 
a country or the application of duty-free treatment with respect to 
articles from a country pursuant to the AGOA; and
    (b) A list of petitions upon which no decision was made, and thus 
which are pending further review.


Sec.  2017.4  Public inspection.

    USTR will make publicly available at www.regulations.gov:
    (a) Any written request, brief or similar submission of information 
made pursuant to this part; and
    (b) Any stenographic record of any public hearing that may be held 
pursuant to this part.
    (c)(1) USTR will grant business confidential status and withhold 
from public disclosure the information submitted if the petitioner 
certifies that the information customarily would not be released to the 
public and clearly designates the information as confidential business 
information.
    (2) To request business confidential status the petitioner must 
mark the submission ``BUSINESS CONFIDENTIAL'' at the top and bottom of 
the cover page and on each succeeding page, and the submission should 
indicate, via brackets, the specific information that is confidential.
    (3) If the submission contains business confidential information, 
the petitioner also must submit a non-confidential version or summary, 
indicating where confidential information has been redacted, and a 
written explanation of why the material should be protected.
    (4) The non-confidential version or summary will be made publicly 
available at www.regulations.gov.
    (5) A request for exemption of any particular information may be 
denied if it is determined that such information is not entitled to 
exemption under law. In the event of such a denial, the information 
will be returned to the person who submitted it, with a statement of 
the reasons for the denial.


Sec.  2017.5  Expiration.

    The Trade Preferences Extension Act of 2015 extended the AGOA until 
September 30, 2025 (Pub. L. 114-27, sec. 103, 129 Stat. 364). 
Accordingly, this Part will expire on that date unless extended by 
statute.

Florizelle Liser,
Assistant U.S. Trade Representative for African Affairs.
[FR Doc. 2016-06127 Filed 3-17-16; 8:45 am]
 BILLING CODE 3290-F6-P



                                                  14716               Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations

                                                  (m) Related Information                                 countries for the benefits of the African             section 502 of the Trade Act of 1974. It
                                                    For more information about this AD,                   Growth and Opportunity Act (AGOA).                    requires that a petition adequately
                                                  contact Jennifer Tsakoumakis, Aerospace                 This authority has been delegated to the              identify the country and the concern. A
                                                  Engineer, Airframe Branch, ANM–120L,                    Office of the United States Trade                     petition indicating the existence of
                                                  FAA, Los Angeles Aircraft Certification                 Representative (USTR).                                exceptional circumstances warranting
                                                  Office (ACO), 3960 Paramount Blvd.,                                                                           an out-of-cycle review must contain a
                                                                                                          DATES: The interim final rule is effective
                                                  Lakewood, CA 90712–4137; phone: 562–627–                                                                      statement of reasons explaining why an
                                                  5264; fax: 562–627–5210; email:                         on March 18, 2016. USTR will accept
                                                  jennifer.tsakoumakis@faa.gov.                           comments on the interim final rule in                 out-of-cycle review is warranted.
                                                                                                          writing on or before April 18, 2016.                     Section 2017.2 explains how USTR
                                                  (n) Material Incorporated by Reference                                                                        will process petitions. USTR will
                                                                                                          ADDRESSES: All comments must be
                                                     (1) The Director of the Federal Register                                                                   consider petitions filed in accordance
                                                                                                          submitted electronically at
                                                  approved the incorporation by reference                                                                       with the public comment period of the
                                                  (IBR) of the service information listed in this         www.regulations.gov, docket number
                                                                                                                                                                annual (normal cycle) review of all
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               USTR–2016–0002.
                                                                                                                                                                beneficiary countries in conjunction
                                                  part 51.                                                FOR FURTHER INFORMATION CONTACT: For                  with that review. USTR will consider
                                                     (2) You must use this service information            procedural questions, please contact                  petitions filed outside of that time frame
                                                  as applicable to do the actions required by             Yvonne Jamison, Trade Policy Staff
                                                  this AD, unless the AD specifies otherwise.                                                                   in the next (normal cycle) annual
                                                                                                          Committee, at 202–395–3475. Direct all                review. If USTR receives a petition
                                                     (i) Boeing Alert Service Bulletin 737–
                                                                                                          other questions to Constance Hamilton,                outside of the annual (normal cycle)
                                                  53A1328, dated July 22, 2014.
                                                     (ii) Reserved.                                       Deputy Assistant U.S. Trade                           review process that indicates the
                                                     (3) For service information identified in            Representative for African Affairs, at                existence of exceptional circumstances,
                                                  this AD, contact Boeing Commercial                      Constance_Hamilton@ustr.eop.gov or                    the AGOA Implementation
                                                  Airplanes, Attention: Data & Services                   202–395–9514.                                         Subcommittee will consider whether
                                                  Management, P.O. Box 3707, MC 2H–65,                    SUPPLEMENTARY INFORMATION:                            there is a basis for the initiation of an
                                                  Seattle, WA 98124–2207; telephone 206–                                                                        out-of-cycle review and make
                                                  544–5000, extension 1; fax 206–766–5680;                I. Background
                                                                                                                                                                recommendations to the Trade Policy
                                                  Internet https://www.myboeingfleet.com.                    The AGOA (Title I of the Trade and
                                                     (4) You may view this service information                                                                  Staff Committee, which will, in turn,
                                                                                                          Development Act of 2000, Pub. L. 106–                 advise the U.S. Trade Representative. If
                                                  at the FAA, Transport Airplane Directorate,
                                                  1601 Lind Avenue SW., Renton, WA. For                   200) (19 U.S.C. 2466a et seq.), as                    the U.S. Trade Representative finds that
                                                  information on the availability of this                 amended, contains provisions for                      there are exceptional circumstances
                                                  material at the FAA, call 425–227–1221.                 enhanced trade benefits for eligible sub-             warranting an out-of-cycle review,
                                                     (5) You may view this service information            Saharan African countries.                            within 30 days of that determination
                                                  that is incorporated by reference at the                   Section 506(c) of the TPEA, which                  USTR will announce a schedule for the
                                                  National Archives and Records                           was signed into law on June 29, 2015                  review in the Federal Register.
                                                  Administration (NARA). For information on               (Pub. L. 114–27, sec. 105(d)(3), 129 Stat.               Section 2017.3 requires USTR to
                                                  the availability of this material at NARA, call         366–367)), requires the President to                  publish a summary of the actions taken
                                                  202–741–6030, or go to: http://                         establish a process to allow any
                                                  www.archives.gov/federal-register/cfr/ibr-                                                                    in response to petitions in the Federal
                                                  locations.html.
                                                                                                          interested person, at any time, to file a             Register. The notice also will include a
                                                                                                          petition with USTR concerning the                     list of pending petitions upon which no
                                                    Issued in Renton, Washington, on March 7,             compliance of any sub-Saharan African                 decision has been made.
                                                  2016.                                                   country listed in section 107 of the                     Section 2017.4 provides that all
                                                  Michael Kaszycki,                                       AGOA (19 U.S.C. 3706), with the                       submitted materials will be made
                                                  Acting Manager, Transport Airplane                      eligibility requirements set forth in                 available for public inspection at
                                                  Directorate, Aircraft Certification Service.            section 104 of the AGOA (19 U.S.C.                    www.regulations.gov other than
                                                  [FR Doc. 2016–05842 Filed 3–17–16; 8:45 am]             3703) and the eligibility criteria set forth          appropriately designated confidential
                                                  BILLING CODE 4910–13–P                                  in section 502 of the Trade Act of 1974               business information.
                                                                                                          (19 U.S.C. 2462). On February 26, 2016,                  The TPEA extended the AGOA until
                                                                                                          the President delegated this authority to             September 30, 2025. See Pub. L. 114–27,
                                                  OFFICE OF THE UNITED STATES                             USTR. See E.O. 13720 of Feb. 26, 2016,                sec. 103, 129 Stat. 364, June 29, 2015.
                                                  TRADE REPRESENTATIVE                                    81 FR 11087, Mar. 2, 2016.                            Section 2017.5 provides that the AGOA
                                                                                                                                                                petition process will expire on that date
                                                  15 CFR Part 2017                                        II. Analysis of the Interim Final Rule
                                                                                                                                                                unless extended by statute.
                                                  [Docket Number USTR–2016–0002]                             The interim final rule adds 15 CFR
                                                                                                          part 2017. The new Part 2017                          III. Requirements for Submission
                                                  RIN 0350–AA07                                           establishes a petition process that                      All submissions must be in English
                                                                                                          supplements the annual (normal cycle)                 and must be submitted electronically
                                                  Establishment of a Petition Process To                  request for public comments on whether                via http://www.regulations.gov. USTR
                                                  Review the Eligibility of Countries                     a beneficiary sub-Saharan African                     will not accept hand-delivered
                                                  Under the African Growth and                            country is meeting the eligibility criteria           submissions. To make a submission
                                                  Opportunity Act (AGOA)                                  and requirements of the AGOA program                  using http://www.regulations.gov, enter
                                                  AGENCY:  Office of the United States                    (see, e.g., 80 FR 48951, Aug. 14, 2015).              the docket number USTR–2016–0002 in
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Trade Representative.                                      Section 2017.0 defines acronyms used               the ‘‘Search for’’ field on the home page
                                                  ACTION: Interim final rule with request                 throughout Part 2017.                                 and click ‘‘Search.’’ The site will
                                                  for comments.                                              Section 2017.1 permits any interested              provide a search-results page listing all
                                                                                                          party to submit a petition, at any time,              documents associated with this docket.
                                                  SUMMARY:  The Trade Preferences                         regarding whether a beneficiary sub-                  Find a reference to this notice by
                                                  Extension Act of 2015 (TPEA) requires                   Saharan African country meets the                     selecting ‘‘Notice’’ under ‘‘Document
                                                  the President to establish a petition                   eligibility requirements in section 104 of            Type’’ in the ‘‘Filter Results by’’ section
                                                  process to review the eligibility of                    the AGOA and the eligibility criteria in              on the left side of the screen and click


                                             VerDate Sep<11>2014   18:10 Mar 17, 2016   Jkt 238001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\18MRR1.SGM   18MRR1


                                                                      Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations                                           14717

                                                  on the link entitled ‘‘Comment Now.’’                   rulemaking generally requires notice                  § 2017.1   Petition for review.
                                                  The http://www.regulations.gov Web                      and receipt of public comment, USTR                      (a) Any person may submit a petition
                                                  site offers the option of providing                     will accept written comments on the                   to USTR in accordance with this section
                                                  comments by filling in a ‘‘Type                         interim final rule on or before April 18,             with respect to the compliance of any
                                                  Comment’’ field or by attaching a                       2016.                                                 country listed in section 107 of the
                                                  document using the ‘‘Upload file(s)’’                                                                         AGOA (19 U.S.C. 3706), with the
                                                                                                          V. Effective Date
                                                  field. (For further information on using                                                                      eligibility requirements set forth in
                                                  the http://www.regulations.gov Web                         For the reasons stated in part IV                  section 104 of the AGOA (19 U.S.C.
                                                  site, please consult the resources                      above, USTR for good cause finds that                 3703) and the eligibility criteria set forth
                                                  provided on the Web site by clicking on                 the interim final rule should become                  in section 502 of the Trade Act of 1974
                                                  ‘‘How to Use This Site’’ on the left side               effective on March 18, 2016. See 5                    (19 U.S.C. 2462).
                                                  of the home page.) The http://                          U.S.C. 553(d)(3).                                        (b) A petition must:
                                                  www.regulations.gov Web site allows                     VI. Regulatory Flexibility Act                           (1) Identify the sub-Saharan African
                                                  users to provide comments by filling in                                                                       country that would be subject to the
                                                  a ‘‘Type Comment’’ field or by attaching                  USTR is adopting 15 CFR part 2017 in                review;
                                                  a document using the ‘‘Upload file(s)’’                 the form of an interim final rule and not                (2) Indicate the specific eligibility
                                                  field. The AGOA Implementation                          as a proposed rule. Therefore, the                    requirement or criterion that the
                                                  Subcommittee prefers that submissions                   provisions of the Regulatory Flexibility              petitioner believes warrants review; and
                                                  be provided in an attached document.                    Act do not apply. See 5 U.S.C. 601(2),                   (3) Include all available supporting
                                                                                                          603(a).                                               arguments and information to explain
                                                  Business Confidential Submissions
                                                                                                          VII. Paperwork Reduction Act                          why review is warranted.
                                                     USTR will grant business confidential                                                                         (c) A petition requesting an out-of-
                                                  status to information you submit if you                   The interim final rule does not
                                                                                                                                                                cycle review under section 111(d)(4) of
                                                  certify that you would not customarily                  contain any collections of information
                                                                                                                                                                the AGOA (19 U.S.C. 2466a(d)(4)) must
                                                  release the information to the public                   under the Paperwork Reduction Act of
                                                                                                                                                                contain a statement indicating the
                                                  and clearly designate it as confidential                1995. See 44 U.S.C. 3501 et seq.
                                                                                                                                                                existence of exceptional circumstances
                                                  business information. You must mark                     Consequently, USTR has not submitted
                                                                                                                                                                warranting the out-of-cycle review.
                                                  your submission ‘‘BUSINESS                              any information to the Office of
                                                                                                                                                                   (d) The TPSC may request additional
                                                  CONFIDENTIAL’’ at the top and bottom                    Management and Budget for review.
                                                                                                                                                                information.
                                                  of the cover page and on each                           List of Subjects in 15 CFR Part 2017
                                                  succeeding page, and the submission                                                                           § 2017.2 Action following receipt of a
                                                                                                            Administrative practice and                         petition.
                                                  should indicate, via brackets, the
                                                                                                          procedure, Confidential business                         (a) USTR will consider a petition
                                                  specific information that is confidential.
                                                                                                          information, Foreign trade.                           received in accordance with the
                                                  Additionally, you must include
                                                  ‘‘Business Confidential’’ in the ‘‘Type                 ■ For the reasons stated in the preamble,             schedule published in the Federal
                                                  Comment’’ field. If you submit a                        USTR amends 15 CFR by adding part                     Register for the annual (normal cycle)
                                                  comment containing business                             2017 to read as follows:                              AGOA review process under section 111
                                                  confidential information, you also must                                                                       of the AGOA (19 U.S.C. 2466a) in
                                                  submit a separate non-confidential                      PART 2017—PETITION PROCESS TO                         conjunction with that annual review.
                                                  version that is not a part of the same                  REVIEW ELIGIBILITY OF COUNTRIES                          (b) Except as provided in paragraph
                                                  submission as the confidential version,                 UNDER THE AFRICAN GROWTH AND                          (c) of this section, USTR will consider
                                                  indicating where confidential                           OPPORTUNITY ACT (AGOA)                                a petition received at any time other
                                                  information has been redacted. The non-                 Sec.                                                  than the time described in paragraph (a)
                                                  confidential version will be placed in                  2017.0 Definitions.                                   of this section, in accordance with the
                                                  the docket and open to public                           2017.1 Petition for review.                           schedule published in the Federal
                                                  inspection.                                             2017.2 Action following receipt of a                  Register for the next annual (normal
                                                                                                               petition.                                        cycle) AGOA review process.
                                                  Public Inspection                                       2017.3 Publication regarding petitions.                  (c)(1) If a petition received at any time
                                                    All comments we receive, except for                   2017.4 Public inspection.                             other than the time described in
                                                                                                          2017.5 Expiration.
                                                  information granted ‘‘business                                                                                paragraph (a), requests an out-of-cycle
                                                  confidential’’ status, will be available                  Authority: 19 U.S.C. 2466a et seq.; Pub. L.         review under section 111(d)(4) of the
                                                  for public viewing without change,                      114–27, sec. 105(d)(3), 129 Stat. 366–367,            AGOA (19 U.S.C. 2466a(d)(4)), within
                                                  including any personal information you                  June 29, 2015; E.O. 13720 of Feb. 26, 2016,           60 days:
                                                                                                          81 FR 11087, Mar. 2, 2016
                                                  provide, such as your name and                                                                                   (i) The AGOA Implementation
                                                  address. You can find the comments by                   § 2017.0    Definitions.                              Subcommittee will review the petition
                                                  entering docket number USTR–2016–                         For purposes of this part:                          and report to the TPSC whether there
                                                  0002 in the search field at                               AGOA means the African Growth and                   are exceptional circumstances
                                                  www.regulations.gov.                                    Opportunity Act, as amended (Title I of               warranting an out-of-cycle review;
                                                                                                          the Trade and Development Act of 2000,                   (ii) The TPSC will conduct further
                                                  IV. Notice and Public Participation                                                                           review as necessary;
                                                                                                          Pub. L. 106–200) (19 U.S.C. 2466a et
                                                    USTR is promulgating these changes                    seq.).                                                   (iii) The TPSC Chair will report the
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                                                  as an interim final rule in order to meet                 TPC means the Trade Policy                          results of the TPSC review to the U.S.
                                                  the statutory deadline for establishment                Committee.                                            Trade Representative; and
                                                  of a petition process. Accordingly,                       TPRG means the Trade Policy Review                     (iv) The U.S. Trade Representative
                                                  USTR for good cause finds that the                      Group.                                                may convene the TPRG or the TPC for
                                                  notice and publication requirements of                    TPSC means the Trade Policy Staff                   further review of the TPSC
                                                  the Administrative Procedure Act are                    Committee.                                            recommendations and other decisions.
                                                  unnecessary. See 5 U.S.C. 553(b)(3)(B).                   USTR means the Office of the United                    (2) If the U.S. Trade Representative
                                                  However, because this type of                           States Trade Representative.                          finds that there are exceptional


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                                                  14718               Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations

                                                  circumstances warranting an out-of-                     petitioner also must submit a non-                    certain cattle material that could
                                                  cycle review, within 30 days of that                    confidential version or summary,                      potentially contain the BSE agent.
                                                  determination USTR will announce a                      indicating where confidential                         DATES: This final rule is effective on
                                                  schedule for the review in the Federal                  information has been redacted, and a                  April 18, 2016.
                                                  Register. The schedule will include the                 written explanation of why the material               FOR FURTHER INFORMATION CONTACT:
                                                  deadline and guidelines for any party to                should be protected.                                  Johnny Braddy, Center for Food Safety
                                                  submit written comments supporting,                        (4) The non-confidential version or                and Applied Nutrition (HFS–315), Food
                                                  opposing or otherwise commenting on                     summary will be made publicly                         and Drug Administration, 5100 Paint
                                                  any proposed action.                                    available at www.regulations.gov.                     Branch Pkwy., College Park, MD 20740,
                                                    (3) For any out-of-cycle review                          (5) A request for exemption of any                 240–402–1709.
                                                  initiated under this paragraph (c), the                 particular information may be denied if               SUPPLEMENTARY INFORMATION:
                                                  AGOA Implementation Subcommittee                        it is determined that such information is
                                                  will consider public input received by                  not entitled to exemption under law. In               Executive Summary
                                                  the applicable deadline and any other                   the event of such a denial, the                       A. Purpose of the Rule
                                                  relevant information and report to the                  information will be returned to the
                                                  TPSC. The TPSC will conduct further                     person who submitted it, with a                          BSE is a fatal neurological disorder of
                                                  review as necessary and prepare                         statement of the reasons for the denial.              cattle that has a long incubation period
                                                  recommendations for the U.S. Trade                                                                            (2 to 8 years). It is transmitted when
                                                  Representative. The U.S. Trade                          § 2017.5    Expiration.                               cattle ingest protein meal containing the
                                                  Representative may convene the TPRG                       The Trade Preferences Extension Act                 BSE infectious agent. Cattle affected by
                                                  or the TPC for further review of                        of 2015 extended the AGOA until                       BSE are usually apart from the herd and
                                                  recommendations and other decisions.                    September 30, 2025 (Pub. L. 114–27,                   will show progressively deteriorating
                                                  The U.S. Trade Representative will                      sec. 103, 129 Stat. 364). Accordingly,                behavioral and neurological signs. Cattle
                                                  make recommendations to the                             this Part will expire on that date unless             will react excessively to noise or touch
                                                  President, which may include a                          extended by statute.                                  and will eventually stumble, fall, and
                                                  recommendation that no action be                                                                              experience seizures, coma, and death.
                                                                                                          Florizelle Liser,                                     Studies have linked variant Creutzfeldt-
                                                  taken.                                                  Assistant U.S. Trade Representative for               Jakob disease (vCJD) in humans to
                                                  § 2017.3   Publication regarding petitions.             African Affairs.                                      exposure to the BSE agent, most likely
                                                    USTR will publish in the Federal                      [FR Doc. 2016–06127 Filed 3–17–16; 8:45 am]           through human consumption of beef
                                                  Register:                                               BILLING CODE 3290–F6–P                                products contaminated with the BSE
                                                    (a) A list of actions taken in response                                                                     agent. There is no known treatment of
                                                  to a petition, such as the publication of                                                                     vCJD, and it is invariably fatal.
                                                  a Presidential proclamation modifying                   DEPARTMENT OF HEALTH AND                                 The final rule completes a rulemaking
                                                  the designation of a country or the                     HUMAN SERVICES                                        process that began with an interim final
                                                  application of duty-free treatment with                                                                       rule (IFR) in 2004 and was followed by
                                                  respect to articles from a country                      Food and Drug Administration                          IFRs in 2005 and 2008. The final rule
                                                  pursuant to the AGOA; and                                                                                     establishes measures to prohibit the use
                                                    (b) A list of petitions upon which no                 21 CFR Parts 189 and 700                              of certain cattle material in FDA-
                                                  decision was made, and thus which are                                                                         regulated human food and cosmetics to
                                                  pending further review.                                 [Docket No. FDA–2004–N–0188; (Formerly                address the potential risk of BSE.
                                                                                                          2004N–0081)]                                          Because the United States has had
                                                  § 2017.4   Public inspection.                                                                                 measures in place to prevent the
                                                                                                          RIN 0910–AF47
                                                    USTR will make publicly available at                                                                        introduction and spread of BSE,
                                                  www.regulations.gov:                                    Use of Materials Derived From Cattle in               including those affirmed in this rule, the
                                                    (a) Any written request, brief or                     Human Food and Cosmetics                              risk of human exposure to the BSE agent
                                                  similar submission of information made                                                                        from FDA-regulated human food and
                                                  pursuant to this part; and                              AGENCY:    Food and Drug Administration,              cosmetics is negligible.
                                                    (b) Any stenographic record of any                    HHS.
                                                  public hearing that may be held                         ACTION:  Final rule; adoption of interim              B. Legal Authority
                                                  pursuant to this part.                                  final rule as final with amendments.                    We are issuing these regulations
                                                    (c)(1) USTR will grant business                                                                             under the adulteration provisions in
                                                  confidential status and withhold from                   SUMMARY:   The Food and Drug                          sections 402, 409, 601, and under
                                                  public disclosure the information                       Administration (FDA or we) is issuing a               section 701 (21 U.S.C. 342, 348, 361,
                                                  submitted if the petitioner certifies that              final rule prohibiting the use of certain             and 371) of the Federal Food, Drug, and
                                                  the information customarily would not                   cattle material to address the potential              Cosmetic Act (FD&C Act).
                                                  be released to the public and clearly                   risk of bovine spongiform
                                                  designates the information as                           encephalopathy (BSE) in human food,                   C. Summary of the Major Provisions of
                                                  confidential business information.                      including dietary supplements, and                    the Rule
                                                    (2) To request business confidential                  cosmetics. We have designated the                        The final rule provides definitions for
                                                  status the petitioner must mark the                     following items as prohibited cattle                  prohibited cattle materials and prohibits
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                                                  submission ‘‘BUSINESS                                   materials: Specified risk materials                   their use in human food, dietary
                                                  CONFIDENTIAL’’ at the top and bottom                    (SRMs), the small intestine from all                  supplements, and cosmetics, to address
                                                  of the cover page and on each                           cattle (unless the distal ileum has been              the potential risk of BSE. We designate
                                                  succeeding page, and the submission                     removed), material from nonambulatory                 the following items as prohibited cattle
                                                  should indicate, via brackets, the                      disabled cattle, material from cattle not             materials: SRMs, the small intestine
                                                  specific information that is confidential.              inspected and passed, or mechanically                 from all cattle unless the distal ileum
                                                    (3) If the submission contains                        separated (MS) (Beef). We are taking this             has been properly removed, material
                                                  business confidential information, the                  action to minimize human exposure to                  from nonambulatory disabled cattle,


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Document Created: 2018-02-02 15:13:40
Document Modified: 2018-02-02 15:13:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule with request for comments.
DatesThe interim final rule is effective on March 18, 2016. USTR will accept comments on the interim final rule in writing on or before April 18, 2016.
ContactFor procedural questions, please contact Yvonne Jamison, Trade Policy Staff Committee, at 202-395-3475. Direct all other questions to Constance Hamilton, Deputy Assistant U.S. Trade Representative for African Affairs, at [email protected] or 202-395-9514.
FR Citation81 FR 14716 
RIN Number0350-AA07
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information and Foreign Trade

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