81_FR_50765 81 FR 50617 - Correction to Applicability Date for Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings

81 FR 50617 - 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 148 (August 2, 2016)

Page Range50617-50618
FR Document2016-18305

The Department of Commerce (the Department) is modifying the applicability date contained in the final rule published in the Federal Register on March 24, 2016. The original applicability date language did 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 contained in the rule. This action is necessary to ensure that there is no ambiguity in the application of the modified regulations.

Federal Register, Volume 81 Issue 148 (Tuesday, August 2, 2016)
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50617-50618]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18305]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket No. 140929814-6136-02]
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: Final rule.

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

SUMMARY: The Department of Commerce (the Department) is modifying the 
applicability date contained in the final rule published in the Federal 
Register on March 24, 2016. The original applicability date language 
did 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 contained in the rule. This action is 
necessary to ensure that there is no ambiguity in the application of 
the modified regulations.

DATES: Effective date: September 1, 2016.
    Applicability date: This rule will apply to all segments of 
proceedings initiated on or after September 1, 2016.

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.''
    On June 20, 2016, the Department published a proposed rule to 
correct the applicability date of the Final Rule. See Correction to 
Applicability Date for Modification of Regulations Regarding Price 
Adjustments in Antidumping Duty Proceedings, 81 FR 39873 (June 20, 
2016). In its proposed rule, the Department explained that the 
applicability date in the Final Rule 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. The Department further explained that, 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. Thus, to avoid any ambiguity and to 
clarify the Department's intent, the Department proposed to modify the 
applicability date of the Final Rule such that the Final Rule will 
apply to all segments of proceedings initiated on or after 30 days 
following the publication date of the final rule that results from this 
rulemaking.
    The Department received no comments on the proposed rule. Thus, the 
Department is modifying the applicability date of the Final Rule as 
discussed above. 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 amending its regulations. The only change to the 
Final Rule being addressed in this final rule is a change to the 
applicability date of the Final Rule.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

[[Page 50618]]

Classification

Executive Order 12866

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

Paperwork Reduction Act

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

Executive Order 13132

    This final 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

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., the Chief Counsel for Regulation at the Department of Commerce 
certified to the Chief Counsel for Advocacy, Small Business 
Administration, at the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published with 
the proposed rule and is not repeated here. No comments were received 
regarding the certification or on the economic impact of this rule more 
generally. As a result, the conclusion in the certification memorandum 
for the proposed rule remains unchanged and a final regulatory 
flexibility analysis is not required and one has not been prepared.

    Dated: July 27, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-18305 Filed 8-1-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations                                         50617

                                           Appendix D to Part 91—Airports/                         Newark, NJ (Newark Liberty International              FOR FURTHER INFORMATION CONTACT:
                                           Locations: Special Operating                             Airport)                                             Jessica Link at (202) 482–1411.
                                           Restrictions                                            *      *      *      *       *
                                                                                                   New Orleans, LA (Louis Armstrong New                  SUPPLEMENTARY INFORMATION:       On March
                                             Section 1. * * *                                       Orleans International Airport)                       24, 2016, the Department published a
                                           Atlanta, GA (Hartsfield-Jackson Atlanta                                                                       final rule in the Federal Register
                                             International Airport)                                *      *      *      *       *
                                           Baltimore, MD (Baltimore/Washington                     Pittsburgh, PA (Pittsburgh International              modifying 19 CFR 351.102(b)(38) and 19
                                             International Thurgood Marshall Airport)                Airport)                                            CFR 351.401(c). Modification of
                                           *      *     *       *      *                           *      *      *      *       *                        Regulations Regarding Price
                                           Camp Springs, MD (Joint Base Andrews)                   Washington, DC (Ronald Reagan Washington              Adjustments in Antidumping Duty
                                                                                                    National Airport)                                    Proceedings, 81 FR 15641 (March 24,
                                           *      *     *       *      *                            Section 4. * * *
                                           Chicago, IL (Chicago-O’Hare International                                                                     2016) (Final Rule). The DATES section of
                                             Airport)                                              *      *      *      *       *                        the Final Rule states: ‘‘Effective date:
                                           *      *     *       *      *                           Atlanta, GA (Hartsfield-Jackson Atlanta               April 25, 2016. Applicability date: This
                                                                                                     International Airport)                              rule will apply to all proceedings
                                           Covington, KY (Cincinnati/Northern
                                             Kentucky International Airport)                       *      *      *      *       *                        initiated on or after April 25, 2016.’’
                                           Dallas, TX (Dallas/Fort Worth International             Camp Springs, MD (Joint Base Andrews)
                                                                                                                                                            On June 20, 2016, the Department
                                             Airport)                                              *      *      *      *       *                        published a proposed rule to correct the
                                           *      *     *       *      *                           Dallas, TX (Dallas/Fort Worth International
                                                                                                                                                         applicability date of the Final Rule. See
                                           Detroit, MI (Detroit Metropolitan Wayne                   Airport)
                                             County Airport)                                                                                             Correction to Applicability Date for
                                                                                                   *      *      *      *       *                        Modification of Regulations Regarding
                                           *      *     *       *      *                           Newark, NJ (Newark Liberty International
                                                                                                                                                         Price Adjustments in Antidumping Duty
                                           Houston, TX (George Bush Intercontinental/               Airport)
                                            Houston Airport)                                                                                             Proceedings, 81 FR 39873 (June 20,
                                                                                                   *      *      *      *       *                        2016). In its proposed rule, the
                                           *      *     *       *      *                             Issued in Washington, DC, on July 14,
                                           Kansas City, MO (Kansas City International                                                                    Department explained that the
                                                                                                   2016.                                                 applicability date in the Final Rule does
                                             Airport)
                                                                                                   Dale A. Bouffiou,                                     not convey the Department’s intention,
                                           *      *     *       *      *
                                           Minneapolis, MN (Minneapolis-St. Paul                   Acting Director, Office of Rulemaking.                i.e., to apply the newly amended
                                            International/Wold-Chamberlain Airport)                [FR Doc. 2016–17161 Filed 8–1–16; 8:45 am]            regulations to all segments of
                                           Newark, NJ (Newark Liberty International                BILLING CODE 4910–13–P                                proceedings initiated on or after the
                                            Airport)                                                                                                     effective date of the Final Rule. The
                                           New Orleans, LA (Louis Armstrong New                                                                          Department further explained that,
                                            Orleans International Airport)                                                                               although ‘‘proceedings’’ can be
                                                                                                   DEPARTMENT OF COMMERCE
                                           *      *     *       *      *                                                                                 interpreted generally to include any
                                           Pittsburgh, PA (Pittsburgh International                International Trade Administration                    segment of an administrative case before
                                             Airport)
                                                                                                                                                         Enforcement and Compliance that is
                                           *      *     *       *      *                           19 CFR Part 351                                       initiated on or after the effective date,
                                           San Diego, CA (Miramar Marine Corps Air
                                                                                                   [Docket No. 140929814–6136–02]                        ‘‘proceeding’’ and ‘‘segment of
                                             Station)
                                                                                                                                                         proceeding’’ are defined separately in 19
                                           *      *     *       *      *                           RIN 0625–AB02                                         CFR 351.102(b)(40) and 19 CFR
                                           Washington, DC (Ronald Reagan Washington
                                            National Airport)
                                                                                                                                                         351.102(b)(47), respectively. Thus, to
                                                                                                   Correction to Applicability Date for
                                                                                                                                                         avoid any ambiguity and to clarify the
                                           *      *     *       *      *                           Modification of Regulations Regarding
                                                                                                                                                         Department’s intent, the Department
                                               Section 3. * * *                                    Price Adjustments in Antidumping
                                                                                                                                                         proposed to modify the applicability
                                           *      *     *       *      *                           Duty Proceedings
                                                                                                                                                         date of the Final Rule such that the
                                           Atlanta, GA (Hartsfield-Jackson Atlanta
                                             International Airport)
                                                                                                   AGENCY:  Enforcement and Compliance,                  Final Rule will apply to all segments of
                                           Baltimore, MD (Baltimore/Washington                     International Trade Administration,                   proceedings initiated on or after 30 days
                                             International Thurgood Marshall Airport)              Department of Commerce.                               following the publication date of the
                                           *      *     *       *      *                           ACTION: Final rule.                                   final rule that results from this
                                           Camp Springs, MD (Joint Base Andrews)                                                                         rulemaking.
                                                                                                   SUMMARY:   The Department of Commerce
                                           *      *     *       *      *                           (the Department) is modifying the                        The Department received no
                                           Covington, KY (Cincinnati/Northern                      applicability date contained in the final             comments on the proposed rule. Thus,
                                             Kentucky International Airport)                                                                             the Department is modifying the
                                           Dallas, TX (Dallas/Fort Worth International             rule published in the Federal Register
                                                                                                   on March 24, 2016. The original                       applicability date of the Final Rule as
                                             Airport)                                                                                                    discussed above. As the prior
                                           Dallas, TX (Dallas Love Field Airport)                  applicability date language did not
                                                                                                   convey the Department’s intention, i.e.,              applicability date was not included in
                                           *      *     *       *      *                                                                                 the modified regulations, 19 CFR
                                           Detroit, MI (Detroit Metropolitan Wayne                 to apply the newly amended regulations
                                                                                                   to all segments of proceedings initiated              351.102(b)(38) and 19 CFR 351.401(c),
                                             County Airport)
                                                                                                   on or after the effective date contained              the Department is not amending its
                                           *      *     *       *      *                                                                                 regulations. The only change to the
                                           Houston, TX (George Bush Intercontinental/              in the rule. This action is necessary to
                                            Houston Airport)                                       ensure that there is no ambiguity in the              Final Rule being addressed in this final
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                                                                                                   application of the modified regulations.              rule is a change to the applicability date
                                           *      *     *       *      *                                                                                 of the Final Rule.
                                           Louisville, KY (Louisville International                DATES: Effective date: September 1,
                                             Airport-Standiford Field)                             2016.                                                 Changes From the Proposed Rule
                                           *      *     *       *      *                              Applicability date: This rule will
                                           Minneapolis, MN (Minneapolis-St. Paul                   apply to all segments of proceedings                    There are no changes from the
                                            International/Wold-Chamberlain Airport)                initiated on or after September 1, 2016.              proposed rule.


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                                           50618             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                           Classification                                          Republic of Tunisia pursuant to Section               239.9 No acceleration of Eligible Notes.
                                                                                                   7034(o) of the Department of State,                   239.10 Payment to USAID of excess
                                           Executive Order 12866                                                                                             amounts received by a Noteholder.
                                                                                                   Foreign Operations, and Related
                                             It has been determined that this final                Programs Appropriations Act, 2016.                    239.11 Subrogation of USAID.
                                           rule is not significant for purposes of                                                                       239.12 Prosecution of claims.
                                                                                                   DATES: Effective August 1, 2016.                      239.13 Change in agreements.
                                           Executive Order 12866.                                  FOR FURTHER INFORMATION CONTACT: D.                   239.14 Arbitration.
                                           Paperwork Reduction Act                                 Bruce McPherson, Office of General                    239.15 Notice.
                                                                                                   Counsel, U.S. Agency for International                239.16 Governing Law.
                                             This final rule contains no new                                                                             Appendix A to Part 239—Application for
                                                                                                   Development, Washington, DC 20523–
                                           collection of information subject to the                                                                          Compensation
                                                                                                   6601; tel. 202–712–1611, fax 202–216–
                                           Paperwork Reduction Act, 44 U.S.C.
                                                                                                   3058.                                                   Authority: Section 7034(o) of the
                                           Chapter 35.                                                                                                   Department of State, Foreign Operations, and
                                                                                                   SUPPLEMENTARY INFORMATION: Pursuant
                                           Executive Order 13132                                   to Section 7034(o) of the Department of               Related Programs Appropriations Act, 2016
                                                                                                                                                         (Div. K, Pub. L. 114–113)
                                             This final rule does not contain                      State, Foreign Operations, and Related
                                           policies with federalism implications as                Programs Appropriations Act, 2016                     § 239.1    Purpose.
                                           that term is defined in section 1(a) of                 (Div. K, Pub. L. 114–113), the United
                                                                                                                                                            The purpose of the regulations in this
                                           Executive Order 13132, dated August 4,                  States of America, acting through the
                                                                                                                                                         part is to prescribe the procedures and
                                           1999 (64 FR 43255 (August 10, 1999)).                   U.S. Agency for International
                                                                                                                                                         standard terms and conditions
                                                                                                   Development, may issue certain loan
                                           Regulatory Flexibility Act                                                                                    applicable to loan guarantees issued for
                                                                                                   guarantees applicable to sums borrowed
                                                                                                                                                         the benefit of the Borrower, pursuant
                                              In accordance with the Regulatory                    by Banque Centrale de Tunisie, acting
                                                                                                                                                         Section 7034(o) of the Department of
                                           Flexibility Act, 5 U.S.C. 601 et seq., the              on behalf of the Republic of Tunisia (the
                                                                                                                                                         State, Foreign Operations, and Related
                                           Chief Counsel for Regulation at the                     ‘‘Borrower’’), not exceeding an aggregate
                                                                                                                                                         Programs Appropriations Act, 2016
                                           Department of Commerce certified to                     total of U.S. $500 million in principal
                                                                                                                                                         (Div. K, Pub. L. 114–113). The loan
                                           the Chief Counsel for Advocacy, Small                   amount. Upon issuance, the loan
                                                                                                                                                         guarantees will be issued as provided
                                           Business Administration, at the                         guarantees shall ensure the Borrower’s
                                                                                                                                                         herein pursuant to the Loan Guarantee
                                           proposed rule stage that this rule would                repayment of 100% of principal and
                                                                                                                                                         Agreement, dated June 6, 2016, between
                                           not have a significant economic impact                  interest due under such loans, and the
                                                                                                                                                         the United States of America and the
                                           on a substantial number of small                        full faith and credit of the United States
                                                                                                                                                         Republic of Tunisia (the ‘‘Loan
                                           entities. The factual basis for this                    of America shall be pledged for the full
                                                                                                                                                         Guarantee Agreement’’). The loan
                                           certification was published with the                    payment and performance of such
                                                                                                                                                         guarantee will apply to sums borrowed
                                           proposed rule and is not repeated here.                 guarantee obligations.
                                                                                                      This rulemaking document is not                    during a period beginning on the date
                                           No comments were received regarding                                                                           that the Loan Guarantee Agreement
                                           the certification or on the economic                    subject to rulemaking under 5 U.S.C.
                                                                                                   553 or to regulatory review under                     enters into force and ending thirty days
                                           impact of this rule more generally. As a                                                                      after such date, not exceeding an
                                           result, the conclusion in the                           Executive Order 12866 because it
                                                                                                   involves a foreign affairs function of the            aggregate total of five hundred million
                                           certification memorandum for the                                                                              United States Dollars (U.S.
                                           proposed rule remains unchanged and a                   United States. The provisions of the
                                                                                                   Paperwork Reduction Act (44 U.S.C.                    $500,000,000) in principal amount. The
                                           final regulatory flexibility analysis is not                                                                  loan guarantees shall ensure the
                                           required and one has not been prepared.                 3501 et seq.) do not apply.
                                                                                                                                                         Borrower’s repayment of 100% of
                                             Dated: July 27, 2016.                                 List of Subjects in 22 CFR Part 239                   principal and interest due under such
                                           Ronald K. Lorentzen,                                      Foreign aid, Foreign relations,                     loans. The full faith and credit of the
                                           Acting Assistant Secretary for Enforcement              Guaranteed loans, Loan programs—                      United States of America is pledged for
                                           and Compliance.                                         foreign relations.                                    the full payment and performance of
                                           [FR Doc. 2016–18305 Filed 8–1–16; 8:45 am]                                                                    such guarantee obligations.
                                                                                                   Authority and Issuance
                                           BILLING CODE 3510–DS–P
                                                                                                                                                         § 239.2    Definitions.
                                                                                                   ■ Accordingly, part 239 is added to title
                                                                                                   22, chapter II, of the Code of Federal                   Wherever used in the standard terms
                                           AGENCY FOR INTERNATIONAL                                Regulations, to read as follows:                      and conditions set out in this part:
                                           DEVELOPMENT                                                                                                      Applicant means a Noteholder who
                                                                                                   PART 239—REPUBLIC OF TUNISIA                          files an Application for Compensation
                                           22 CFR Part 239                                         LOAN GUARANTEES ISSUED UNDER                          with USAID, either directly or through
                                                                                                   SECTION 7034(o) OF THE                                the Fiscal Agent acting on behalf of a
                                           Republic of Tunisia Loan Guarantees                     DEPARTMENT OF STATE, FOREIGN                          Noteholder.
                                           Issued Under Section 7034(o) of the                     OPERATIONS, AND RELATED                                  Application for Compensation means
                                           Department of State, Foreign                            PROGRAMS APPROPRIATIONS ACT                           an executed application in the form of
                                           Operations, and Related Programs                        OF 2016                                               Appendix A to this part which a
                                           Appropriations Act of 2016—Standard                                                                           Noteholder, or the Fiscal Agent on
                                           Terms and Conditions                                    Sec.
                                                                                                   239.1 Purpose.                                        behalf of a Noteholder, files with USAID
                                           AGENCY:  Agency for International                       239.2 Definitions.                                    pursuant to § 239.8.
                                           Development (USAID).                                    239.3 The Guarantee.                                     Borrower means Banque Centrale de
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                                                                                                   239.4 Guarantee eligibility.                          Tunisie, acting on behalf of Republic of
                                           ACTION: Final rule.                                     239.5 Non-impairment of the Guarantee.                Tunisia.
                                                                                                   239.6 Transferability of Guarantee; Note
                                           SUMMARY:   This regulation prescribes the                    Register.                                           Business Day means any day other
                                           procedures and standard terms and                       239.7 Fiscal Agent obligations.                       than a day on which banks in New
                                           conditions applicable to loan guarantees                239.8 Event of Default; Application for               York, NY are closed or authorized to be
                                           to be issued for the benefit of the                          Compensation; payment.                           closed or a day which is observed as a


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Document Created: 2016-08-02 01:48:06
Document Modified: 2016-08-02 01:48:06
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
ActionFinal rule.
ContactJessica Link at (202) 482-1411.
FR Citation81 FR 50617 
RIN Number0625-AB02

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