81_FR_39991 81 FR 39873 - Correction to Applicability Date for Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings

81 FR 39873 - Correction to Applicability Date for Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range39873-39874
FR Document2016-14427

The Department of Commerce (the Department) proposes to modify the applicability date contained in the final rule published in the Federal Register on March 24, 2016, Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings, 81 FR 15641, and is seeking comments from parties. The original applicability date language did not convey the Department's intention, i.e., to apply the newly amended regulation to all segments of proceedings initiated on or after the effective date contained in the Federal Register notice. This action is necessary to ensure that there is no ambiguity in the application of the modified regulations.

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Proposed Rules]
[Pages 39873-39874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14427]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / 
Proposed Rules

[[Page 39873]]



DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 140929814-4814-01]
RIN 0625-AB02


Correction to Applicability Date for Modification of Regulations 
Regarding Price Adjustments in Antidumping Duty Proceedings

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Proposed rule.

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

SUMMARY: The Department of Commerce (the Department) proposes to modify 
the applicability date contained in the final rule published in the 
Federal Register on March 24, 2016, Modification of Regulations 
Regarding Price Adjustments in Antidumping Duty Proceedings, 81 FR 
15641, and is seeking comments from parties. The original applicability 
date language did not convey the Department's intention, i.e., to apply 
the newly amended regulation to all segments of proceedings initiated 
on or after the effective date contained in the Federal Register 
notice. This action is necessary to ensure that there is no ambiguity 
in the application of the modified regulations.

DATES: To be assured of consideration, written comments must be 
received no later than July 5, 2016.

ADDRESSES: All comments must be submitted through the Federal 
eRulemaking Portal at http://www.regulations.gov, Docket No. ITA-2016-
003, unless the commenter does not have access to the internet. 
Commenters that do not have access to the internet may submit the 
original and one electronic copy on CD-ROM of each set of comments by 
mail or hand delivery/courier. All comments should be addressed to Paul 
Piquado, Assistant Secretary for Enforcement & Compliance, Room 18022, 
Department of Commerce, 14th Street and Constitution Ave. NW., 
Washington, DC 20230. Comments submitted directly to the Department 
will be uploaded to the eRulemaking Portal at www.Regulations.gov.
    The Department will consider all comments received before the close 
of the comment period. All comments responding to this notice will be a 
matter of public record and will be available on the Federal 
eRulemaking Portal at www.Regulations.gov. The Department will not 
accept comments accompanied by a request that part or all of the 
material be treated confidentially because of its business proprietary 
nature or for any other reason.
    Any questions concerning file formatting, document conversion, 
access on the Internet, or other electronic filing issues should be 
addressed to Moustapha Sylla, Enforcement and Compliance Webmaster, at 
(202) 482-4685, email address: [email protected].

FOR FURTHER INFORMATION CONTACT: Jessica Link at (202) 482-1411.

SUPPLEMENTARY INFORMATION: On March 24, 2016, the Department published 
a final rule in the Federal Register modifying 19 CFR 351.102(b)(38) 
and 19 CFR 351.401(c). Modification of Regulations Regarding Price 
Adjustments in Antidumping Duty Proceedings, 81 FR 15641 (March 24, 
2016) (Final Rule). The Dates section of the Final Rule states: 
``Effective date: April 25, 2016. Applicability date: This rule will 
apply to all proceedings initiated on or after April 25, 2016.''
    The applicability date does not convey the Department's intention, 
i.e., to apply the newly amended regulations to all segments of 
proceedings initiated on or after the effective date of the Final Rule. 
Although ``proceedings'' can be interpreted generally to include any 
segment of an administrative case before Enforcement and Compliance 
that is initiated on or after the effective date, ``proceeding'' and 
``segment of proceeding'' are defined separately in 19 CFR 
351.102(b)(40) and 19 CFR 351.102(b)(47), respectively. To avoid any 
ambiguity and to clarify the Department's intent, the applicability 
date is being modified such that the Final Rule will apply to segments 
of proceedings initiated on or after 30 days following the publication 
date of the final rule that results from this rulemaking. As the prior 
applicability date was not included in the modified regulations, 19 CFR 
351.102(b)(38) and 19 CFR 351.401(c), the Department is not proposing 
to amend its regulations. The only change to the Final Rule being 
addressed in this proposed rule and request for comment is a change to 
the applicability date of the Final Rule. In addition, because the 
Department is merely clarifying its intent with respect to the 
applicability date of the Final Rule, and is not altering the substance 
of the Final Rule in any way, we are providing parties with 15 days to 
comment on this proposed rule.
    Although one commenter commented on the effective date of the Final 
Rule, that comment related to which entries would be subject to the 
Final Rule. We disagreed with the commenter that it would be unfair to 
apply the rule to entries made prior to the effective date of the Final 
Rule. 81 FR at 15645. We addressed the entry comment but inadvertently 
failed to ensure that the applicability date read ``segments of 
proceedings'' rather than ``proceedings'' in the Final Rule.

Classification

Executive Order 12866

    It has been determined that this proposed rule is not significant 
for purposes of Executive Order 12866.

Paperwork Reduction Act

    This proposed rule contains no new collection of information 
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

Executive Order 13132

    This proposed rule does not contain policies with federalism 
implications as that term is defined in section 1(a) of Executive Order 
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).

Regulatory Flexibility Act

    The Chief Counsel for Regulation has certified to the Chief Counsel 
for Advocacy of the Small Business Administration under the provisions 
of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this proposed 
rule would not have a significant economic impact on a substantial 
number of small business entities. This proposed rule

[[Page 39874]]

merely corrects the applicability date of the Final Rule, Modification 
of Regulations Regarding Price Adjustments in Antidumping Duty 
Proceedings, 81 FR 15641 (March 24, 2016), which entailed a substantive 
change in the Department's regulations, and for which it was determined 
that there would be no significant economic impact on a substantial 
number of small entities. As a result, this proposed correction of the 
applicability date of the Final Rule similarly would not have a 
significant economic impact on a substantial number of small entities. 
For this reason, an Initial Regulatory Flexibility Analysis is not 
required and one has not been prepared.

    Dated: June 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-14427 Filed 6-17-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                                                                                                                                       39873

                                                      Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                     Vol. 81, No. 118

                                                                                                                                                                     Monday, June 20, 2016



                                                      This section of the FEDERAL REGISTER                    Compliance, Room 18022, Department                     proceedings initiated on or after 30 days
                                                      contains notices to the public of the proposed          of Commerce, 14th Street and                           following the publication date of the
                                                      issuance of rules and regulations. The                  Constitution Ave. NW., Washington, DC                  final rule that results from this
                                                      purpose of these notices is to give interested          20230. Comments submitted directly to                  rulemaking. As the prior applicability
                                                      persons an opportunity to participate in the            the Department will be uploaded to the                 date was not included in the modified
                                                      rule making prior to the adoption of the final
                                                                                                              eRulemaking Portal at                                  regulations, 19 CFR 351.102(b)(38) and
                                                      rules.
                                                                                                              www.Regulations.gov.                                   19 CFR 351.401(c), the Department is
                                                                                                                 The Department will consider all                    not proposing to amend its regulations.
                                                      DEPARTMENT OF COMMERCE                                  comments received before the close of                  The only change to the Final Rule being
                                                                                                              the comment period. All comments                       addressed in this proposed rule and
                                                      International Trade Administration                      responding to this notice will be a                    request for comment is a change to the
                                                                                                              matter of public record and will be                    applicability date of the Final Rule. In
                                                      19 CFR Part 351                                         available on the Federal eRulemaking                   addition, because the Department is
                                                                                                              Portal at www.Regulations.gov. The                     merely clarifying its intent with respect
                                                      [Docket No. 140929814–4814–01]                          Department will not accept comments                    to the applicability date of the Final
                                                      RIN 0625–AB02                                           accompanied by a request that part or                  Rule, and is not altering the substance
                                                                                                              all of the material be treated                         of the Final Rule in any way, we are
                                                      Correction to Applicability Date for                    confidentially because of its business                 providing parties with 15 days to
                                                      Modification of Regulations Regarding                   proprietary nature or for any other                    comment on this proposed rule.
                                                      Price Adjustments in Antidumping                        reason.                                                   Although one commenter commented
                                                      Duty Proceedings                                           Any questions concerning file                       on the effective date of the Final Rule,
                                                                                                              formatting, document conversion,                       that comment related to which entries
                                                      AGENCY:  Enforcement and Compliance,                    access on the Internet, or other                       would be subject to the Final Rule. We
                                                      International Trade Administration,                     electronic filing issues should be                     disagreed with the commenter that it
                                                      Department of Commerce.                                 addressed to Moustapha Sylla,                          would be unfair to apply the rule to
                                                      ACTION: Proposed rule.                                  Enforcement and Compliance                             entries made prior to the effective date
                                                                                                              Webmaster, at (202) 482–4685, email                    of the Final Rule. 81 FR at 15645. We
                                                      SUMMARY:    The Department of Commerce                  address: webmaster-support@
                                                      (the Department) proposes to modify the                                                                        addressed the entry comment but
                                                                                                              ita.doc.gov.                                           inadvertently failed to ensure that the
                                                      applicability date contained in the final
                                                      rule published in the Federal Register                  FOR FURTHER INFORMATION CONTACT:                       applicability date read ‘‘segments of
                                                      on March 24, 2016, Modification of                      Jessica Link at (202) 482–1411.                        proceedings’’ rather than ‘‘proceedings’’
                                                      Regulations Regarding Price                             SUPPLEMENTARY INFORMATION: On March                    in the Final Rule.
                                                      Adjustments in Antidumping Duty                         24, 2016, the Department published a                   Classification
                                                      Proceedings, 81 FR 15641, and is                        final rule in the Federal Register
                                                      seeking comments from parties. The                      modifying 19 CFR 351.102(b)(38) and 19                 Executive Order 12866
                                                      original applicability date language did                CFR 351.401(c). Modification of                          It has been determined that this
                                                      not convey the Department’s intention,                  Regulations Regarding Price                            proposed rule is not significant for
                                                      i.e., to apply the newly amended                        Adjustments in Antidumping Duty                        purposes of Executive Order 12866.
                                                      regulation to all segments of                           Proceedings, 81 FR 15641 (March 24,
                                                                                                              2016) (Final Rule). The Dates section of               Paperwork Reduction Act
                                                      proceedings initiated on or after the
                                                      effective date contained in the Federal                 the Final Rule states: ‘‘Effective date:                 This proposed rule contains no new
                                                      Register notice. This action is necessary               April 25, 2016. Applicability date: This               collection of information subject to the
                                                      to ensure that there is no ambiguity in                 rule will apply to all proceedings                     Paperwork Reduction Act, 44 U.S.C.
                                                      the application of the modified                         initiated on or after April 25, 2016.’’                Chapter 35.
                                                      regulations.                                               The applicability date does not
                                                                                                              convey the Department’s intention, i.e.,               Executive Order 13132
                                                      DATES:  To be assured of consideration,                 to apply the newly amended regulations                   This proposed rule does not contain
                                                      written comments must be received no                    to all segments of proceedings initiated               policies with federalism implications as
                                                      later than July 5, 2016.                                on or after the effective date of the Final            that term is defined in section 1(a) of
                                                      ADDRESSES: All comments must be                         Rule. Although ‘‘proceedings’’ can be                  Executive Order 13132, dated August 4,
                                                      submitted through the Federal                           interpreted generally to include any                   1999 (64 FR 43255 (August 10, 1999)).
                                                      eRulemaking Portal at http://                           segment of an administrative case before
                                                      www.regulations.gov, Docket No. ITA–                    Enforcement and Compliance that is                     Regulatory Flexibility Act
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      2016–003, unless the commenter does                     initiated on or after the effective date,                The Chief Counsel for Regulation has
                                                      not have access to the internet.                        ‘‘proceeding’’ and ‘‘segment of                        certified to the Chief Counsel for
                                                      Commenters that do not have access to                   proceeding’’ are defined separately in 19              Advocacy of the Small Business
                                                      the internet may submit the original and                CFR 351.102(b)(40) and 19 CFR                          Administration under the provisions of
                                                      one electronic copy on CD–ROM of each                   351.102(b)(47), respectively. To avoid                 the Regulatory Flexibility Act, 5 U.S.C.
                                                      set of comments by mail or hand                         any ambiguity and to clarify the                       605(b), that this proposed rule would
                                                      delivery/courier. All comments should                   Department’s intent, the applicability                 not have a significant economic impact
                                                      be addressed to Paul Piquado, Assistant                 date is being modified such that the                   on a substantial number of small
                                                      Secretary for Enforcement &                             Final Rule will apply to segments of                   business entities. This proposed rule


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                                                      39874                      Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Proposed Rules

                                                      merely corrects the applicability date of                  DEPARTMENT OF THE INTERIOR                                  ADDRESSES:   You may submit comments
                                                      the Final Rule, Modification of                                                                                        by one of the following methods:
                                                      Regulations Regarding Price                                Bureau of Indian Affairs                                      • Email: consultation@bia.gov.
                                                      Adjustments in Antidumping Duty                                                                                          • By hard copy: Submit by U.S. mail
                                                      Proceedings, 81 FR 15641 (March 24,                        25 CFR Part 15                                              or hand delivery to: Ms. Elizabeth
                                                      2016), which entailed a substantive                                                                                    Appel, Office of Regulatory Affairs and
                                                      change in the Department’s regulations,                    43 CFR Part 30                                              Collaborative Action, U.S. Department
                                                      and for which it was determined that                       [167A2100DD/AAKC001030/                                     of the Interior, 1849 C Street NW., MS–
                                                      there would be no significant economic                     A0A501010.999900 253G]                                      3071–MIB, Washington, DC 20240.
                                                      impact on a substantial number of small                                                                                  Please see the SUPPLEMENTARY
                                                                                                                 Probate Regulation Updates                                  INFORMATION section of this notice for
                                                      entities. As a result, this proposed
                                                      correction of the applicability date of                    AGENCY:   Bureau of Indian Affairs,                         information on the Tribal consultation
                                                      the Final Rule similarly would not have                    Interior.                                                   sessions.
                                                      a significant economic impact on a                         ACTION: Notice of Tribal consultation.                      FOR FURTHER INFORMATION CONTACT:
                                                      substantial number of small entities. For                                                                              Elizabeth Appel, Director, Office of
                                                      this reason, an Initial Regulatory                         SUMMARY:    The Department of the
                                                                                                                 Interior (‘‘Department’’) plans to                          Regulatory Affairs and Collaborative
                                                      Flexibility Analysis is not required and                                                                               Action, Office of the Assistant
                                                                                                                 conduct two Tribal consultation
                                                      one has not been prepared.                                                                                             Secretary—Indian Affairs; telephone
                                                                                                                 sessions with federally recognized
                                                        Dated: June 13, 2016.                                    Tribes across the country. These                            (202) 273–4680, elizabeth.appel@
                                                                                                                 meetings will provide a forum for Tribes                    bia.gov.
                                                      Paul Piquado,
                                                      Assistant Secretary for Enforcement and                    to share insights and make                                  SUPPLEMENTARY INFORMATION:
                                                      Compliance.                                                recommendations related to the probate
                                                                                                                 of Indian estates.                                          Tribal Consultation Sessions
                                                      [FR Doc. 2016–14427 Filed 6–17–16; 8:45 am]
                                                                                                                 DATES: Written comments must be                                The Department will be hosting two
                                                      BILLING CODE 3510–DS–P
                                                                                                                 received by August 1, 2016. Please see                      Tribal consultation sessions by
                                                                                                                 the SUPPLEMENTARY INFORMATION section                       teleconference. Tribes were notified of
                                                                                                                 of this notice for dates of Tribal                          these consultation sessions by letter on
                                                                                                                 consultation sessions.                                      June 8, 2016. The sessions are:

                                                                                                                              Time
                                                                           Date                                                                                                           Location
                                                                                                                          (eastern time)

                                                      Tuesday, July 12, 2016 ..........................   2:00 p.m.–4:00 p.m ...............................    Call-in Number: (800) 857–7479 Passcode: 6543434
                                                      Wednesday, July 13, 2016 .....................      2:00 p.m.–4:00 p.m ...............................    Call-in Number: (800) 857–7479 Passcode: 6543434



                                                         The Department will also be hosting                     While individuals may submit funeral                        2. Allowing BIA To Make Minor Estate
                                                      a listening session on Monday, June 27,                    related claims to be paid from estate                       Inventory Corrections
                                                      in Spokane, Washington, in conjunction                     account funds at any time before the                           The current regulation, at 43 CFR
                                                      with the National Congress of American                     conclusion of the first hearing by the                      30.126, requires a judge to issue a
                                                      Indians mid-year conference. The                           Office of Hearings and Appeals (OHA),                       modification order if trust or restricted
                                                      Department will accept written                             the Bureau of Indian Affairs (BIA) is                       property belonging to a decedent is
                                                      comments received by the date listed in                    aware that family members sometimes                         omitted from the inventory of an estate.
                                                      the DATES section of this notice.                          suffer financial hardship and lengthy                       As a result, it can take significant time
                                                         As described below, we have                             delays as the estate is finalized and                       to make minor estate inventory
                                                      identified three areas for modification                    claims are approved.                                        corrections to include omitted property.
                                                      that will have an immediate impact in                                                                                     Revision under consideration:
                                                                                                                   Revisions under consideration:
                                                      streamlining the probate process. We are                                                                                  • The BIA is considering a regulatory
                                                      seeking comments with regard to the                          • The BIA is considering a
                                                                                                                                                                             modification to grant the BIA the
                                                      following topics, and welcome insight                      modification to this subpart that would
                                                                                                                                                                             authority to make estate inventory
                                                      on other aspects of the probate                            increase the amount of funds available
                                                                                                                                                                             modifications when heirship has
                                                      regulatory framework that could be                         to use for funeral expenses. One
                                                                                                                                                                             already been determined by an OHA
                                                      improved.                                                  proposed modification would amend                           order. The BIA would notify all
                                                                                                                 current regulations by increasing the                       interested parties to an estate in the
                                                      Probate Revisions Currently Under                          amount an individual my request from
                                                      Consideration                                                                                                          event property interests were to be
                                                                                                                 the decedent’s IIM to no more than                          added. As in this current regulatory
                                                      1. Increasing the Monetary Limit for                       $5,000 for funeral expenses. The                            section, any modification that would
                                                      Distribution of IIM Account Funds to                       account must still contain a minimum                        result in property taking a different line
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Pay for Funeral Services From $1,000 to                    balance of $2,500 in order to approve an                    of descent would still require OHA
                                                      $5,000                                                     expense under this section.                                 issuing a decision to re-determine heirs.
                                                        The regulation, at 25 CFR 15.301                           • In the interests of preserving estate                   For example, if adding property to a
                                                      currently establishes a monetary limit of                  account funds for heirs and other                           decedent’s estate would cause that
                                                      $1,000 for distribution of Individual                      claimants, an alternative option would                      interest to become 5% or more of the
                                                      Indian Money (IIM) account funds to                        be to likewise raise the maximum                            parcel, and thus no longer subject to the
                                                      pay for funeral expenses. There is an                      payout to $5,000, but with the limitation                   American Indian Probate Reform Act’s
                                                      ongoing concern that $1,000 is not                         that the total payments could not exceed                    highly fractionated interest provisions,
                                                      sufficient to pay for funeral expenses.                    40% of the available account balance.                       OHA would need to issue a new


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Document Created: 2016-06-18 00:09:09
Document Modified: 2016-06-18 00:09:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesTo be assured of consideration, written comments must be received no later than July 5, 2016.
ContactJessica Link at (202) 482-1411.
FR Citation81 FR 39873 
RIN Number0625-AB02

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