81 FR 70650 - Steel Import Monitoring and Analysis System

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 198 (October 13, 2016)

Page Range		70650-70652
FR Document		2016-24649

The Department of Commerce (the Department) publishes this proposed rule to request public comments on proposed modifications to the regulations for the Steel Import Monitoring and Analysis (SIMA) System that would extend the system until March, 2022. Extension of the authority for the SIMA System will ensure the Department's ability to track as early as possible certain steel mill imports into the United States and make the import data publicly available approximately five weeks in advance of the full public trade data release by the Bureau of the Census. Having such access to information about steel imports provides the public with greater knowledge to evaluate current market conditions.

Federal Register, Volume 81 Issue 198 (Thursday, October 13, 2016)

[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Proposed Rules]
[Pages 70650-70652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24649]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 360

[Docket Number: 160803687-6687-01]
RIN 0625-AB09


Steel Import Monitoring and Analysis System

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

ACTION: Proposed rule and request for comments.

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

SUMMARY: The Department of Commerce (the Department) publishes this 
proposed rule to request public comments on proposed modifications to 
the regulations for the Steel Import Monitoring and Analysis (SIMA) 
System that would extend the system until March, 2022. Extension of the 
authority for the SIMA System will ensure the Department's ability to 
track as early as possible certain steel mill imports into the United 
States and make the import data publicly available approximately five 
weeks in advance of the full public trade data release by the Bureau of 
the Census. Having such access to information about steel imports 
provides the public with greater knowledge to evaluate current market 
conditions.

DATES: Comments must be submitted on or before 5 p.m. November 14, 
2016.

ADDRESSES: As specified above, to be assured of consideration, comments 
must be received no later than 30 days after the publication of this 
notice in the Federal Register. All comments must be submitted through 
the Federal eRulemaking Portal at http://www.regulations.gov, into 
Docket Number ITA-2016-0008, unless the commenter does not have access 
to the Internet. Commenters that do not have access to the Internet may 
submit the original and two copies of each set of comments by mail or 
hand delivery/courier. Please address the written comments to the 
Secretary of Commerce, Attention: Steven Presing, Director for Industry 
Support and Analysis, Enforcement and Compliance, Room 2845, 
Enforcement and Compliance, U.S. Department of Commerce, Constitution 
Avenue and 14th Street NW., Washington, DC 20230. 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. All comments responding to this

[[Page 70651]]

notice will be a matter of public record and will be available for 
inspection at Enforcement and Compliance's Central Records Unit (Room 
18022 of the Herbert C. Hoover Building) and on the Department's Web 
site at http://trade.gov/enforcement/and on www.regulations.gov. 
address: [email protected]. All Federal Register notices 
regarding the SIMA system and comments can be accessed via http://enforcement.trade.gov/steel/license/SIMA-FR-Notices.html.

FOR FURTHER INFORMATION CONTACT: For information on the SIMA System, 
please contact Steven Presing (202) 482-1672 or Julie Al-Saadawi (202) 
482-1930.

SUPPLEMENTARY INFORMATION: On March 2, 2002, President George W. Bush 
authorized the implementation of a steel import licensing and 
monitoring program by issuing Proclamation 7529, which placed temporary 
tariffs on certain steel imports. The monitoring system outlined in 
Proclamation 7529 required all importers of steel products to obtain a 
license from the Department of Commerce prior to completing Customs 
entry summary documentation. This monitoring tool ensured that the 
effectiveness of the safeguard was not undermined by large quantities 
of imports originating from countries that were excluded from the 
application of the tariffs. Pursuant to Proclamation 7529, on December 
31, 2002, the Department of Commerce issued final regulations setting 
forth the ''Steel Import Licensing and Surge Monitoring Program'' (67 
FR 79845). In Proclamation 7741 of December 4, 2003 (68 FR 68483), the 
President terminated the temporary tariffs, but directed the Secretary 
of Commerce to continue the steel import licensing and monitoring 
system until the earlier of March 21, 2005, or such time as the 
Secretary of Commerce established a replacement monitoring program. On 
December 9, 2003 (68 FR 68594), the Department published a notice 
stating that the monitoring system would continue to be in effect as 
described in Proclamation 7741 until March 21, 2005. Prior to the March 
21, 2005, termination date, the Department of Commerce determined that 
there continued to be a need to collect import data, and published an 
interim rule (70 FR 12136, March 11, 2005) revising part 360 to 
slightly expand the monitoring program, and a final rule (70 FR 72373, 
December 5, 2005) continuing the program through March 21, 2009; at 
this time the system became known as SIMA. On March 18, 2009, the 
Department of Commerce published a final rule (74 FR 11474) in the 
Federal Register to continue the SIMA System and extend the program 
until March 21, 2013. On February 15, 2013, the Department of Commerce 
published a final rule (78 FR 11090) to continue the SIMA System and 
extend the program until March 21, 2017, unless further extended upon 
review and notification in the Federal Register.
    This proposed rule would extend the implementation of the SIMA 
System until March 21, 2022 (see 19 CFR part 360). This extension would 
continue the Department's ability to track certain steel mill imports 
into the United States and make the import data publicly available 
approximately five weeks in advance of the full trade data release.
    The purpose of the SIMA System is to provide steel producers, steel 
consumers, importers, and the general public with accurate and timely 
information on anticipated imports of certain steel products into the 
United States. Steel import licenses, issued through the online SIMA 
licensing system, are required by U.S. Customs and Border Protection 
for filing entry paperwork for imports of certain steel mill products 
into the United States. Import data collected through the issuance of 
the licenses are aggregated weekly and posted on the publicly available 
Steel Import Monitor. Details of the current monitoring system can be 
found at http://enforcement.trade.gov/steel/license/.
    SIMA's renewal comes at a time of significant challenges to the 
steel sector due, in part, to the extensive structural excess 
production capacity currently present in the global steel industry, 
which exacerbates import pressures and increases market volatility. The 
domestic steel industry and other steel market participants have 
previously expressed support for the SIMA System because it permits all 
participants to monitor import fluctuations in a timely manner. See 
Steel Import Monitoring Analysis System, 78 FR 11090, 11091 (February 
15, 2013).
    All comments responding to this notice will be a matter of public 
record and available for public inspection and copying on 
www.Regulations.gov and at Enforcement and Compliance's Central Records 
Unit, Room 18022, between the hours of 8:30 a.m. and 5 p.m. on business 
days.

Classification

    Regulatory Flexibility Act. The Chief Counsel for Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as that term is defined in the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq. A summary of the factual basis for this 
certification is below.
    This rule, if implemented, would extend the current SIMA System 
until March 21, 2022. The entities that would be impacted by this rule 
are importers and brokerage companies who import steel mill products. 
These entities would be required to obtain steel import licenses 
through the online, automatic SIMA licensing system for filing entry 
paperwork required by U.S. Customs and Border Protection for U.S. 
imports of steel mill products. Based on statistics derived from 
current license applications, of the approximately 1,600 licenses 
issued each day, the Department estimates that fewer than two percent 
of the licenses would be filed by importers and brokerage companies 
that would be considered small entities.
    Based on the current usage of SIMA, the Department does not 
anticipate that the extension of the SIMA System will have a 
significant economic impact. Companies are already familiar with the 
licensing of certain steel products under the current system. In most 
cases, brokerage companies will apply for the license on behalf of the 
steel importers. Most brokerage companies that are currently involved 
in filing documentation for importing goods into the United States are 
accustomed to Customs and Border Protection's automated entry filing 
systems. Today, more than 99% of the Customs filings are handled 
electronically. Therefore, the web-based, automated nature of this 
simple license application should not be a significant obstacle to any 
firm in completing this requirement. However, should an importer or 
brokerage company need to register for an account or apply for a 
license non-electronically, a fax/phone option will be available at the 
Department during regular business hours. There is no cost to register 
for a company-specific steel license account and no cost to file for 
the license. Each license form is expected to take less than 10 minutes 
to complete and collects much of the same information required on the 
Customs entry summary documentation. The steel import license is the 
only additional U.S. entry requirement that importers or their 
representatives must fulfill in order to import each covered steel 
product shipment.
    Although the Department does not charge for licenses, the 
Department estimates that the likely aggregate license costs incurred 
by small entities in terms of the time to apply for licenses

[[Page 70652]]

as a result of this proposed rule would be less than two percent, or an 
estimated $37,151.00, of the estimated total $1,857,560.00 cost to all 
steel importers to process the on-line automatic licenses. These 
calculations were based on an hourly pay rate of $20.00 multiplied by 
the estimated 92,878 total annual burden hours. Based on the current 
patterns of license applications, the vast majority of the licenses are 
applied for by large companies. The approximate cost of a single 
license is less than 10 minutes of the applicant's time and this is 
reduced if applicants use templates or the electronic data interface 
for multiple licenses. This amounts to an average cost per license of 
$3.33.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA).
    These requirements have been approved by OMB (OMB No.: 0625-0245; 
Expiration Date: 1/31/2018). Public reporting for this collection of 
information is estimated to be less than 10 minutes per response, 
including the time for reviewing instructions, and completing and 
reviewing the collection of information.

Paperwork Reduction Act Data

    OMB Number: 0625-0245.
    ITA Number: ITA-4141P.
    Type of Review: Regular Submission.
    Affected Public: Business or other for-profit.
    Estimated Number of Registered Users: 3,500.
    Estimated Time per Response: Less than 10 minutes.
    Estimated Total Annual Burden Hours: 92,878 hours.
    Estimated Total Annual Costs: $0.00.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

Executive Order 13132

    This rule does not contain policies with federalism implications as 
that term is defined in EO 13132.

List of Subjects in 19 CFR Part 360

    Administrative practice and procedure, Business and industry, 
Imports, Reporting and recordkeeping requirements, Steel.

    Dated: October 4, 2016.
Ken Hyatt,
Acting Under Secretary for International Trade.

    For the reasons discussed above, we propose amending 19 CFR part 
360 as follows:

PART 360--STEEL IMPORT MONITORING AND ANALYSIS SYSTEM

0
1. The authority citation for part 360 continues to read as follows:

     Authority: 13 U.S.C. 301(a) and 302.

0
2. Section 360.105 is revised to read as follows.


Sec.  360.105  Duration of the steel import licensing requirement.

    The licensing program will be in effect through March 21, 2022, but 
may be extended upon review and notification in the Federal Register 
prior to this expiration date. Licenses will be required for all 
subject imports entered during this period, even if the entry summary 
documents are not filed until after the expiration of this program. The 
licenses will be valid for 10 business days after the expiration of 
this program to allow for the final filing of required Customs 
documentation.

[FR Doc. 2016-24649 Filed 10-12-16; 8:45 am]
 BILLING CODE 3510-DS-P

70650 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Proposed Rules

Availability and Summary of Environmental Review DEPARTMENT OF COMMERCE
Documents Proposed for Incorporation
by Reference This proposal will be subject to an International Trade Administration
environmental analysis in accordance
This document proposes to amend with FAA Order 1050.1F, 19 CFR Part 360
FAA Order 7400.11A, Airspace ‘‘Environmental Impacts: Policies and
Designations and Reporting Points, [Docket Number: 160803687–6687–01]
Procedures’’ prior to any FAA final
dated August 3, 2016, and effective RIN 0625–AB09
regulatory action.
September 15, 2016. FAA Order
7400.11A is publicly available as listed List of Subjects in 14 CFR Part 71 Steel Import Monitoring and Analysis
in the ADDRESSES section of this System
document. FAA Order 7400.11A lists Airspace, Incorporation by reference,
Class A, B, C, D, and E airspace areas, Navigation (air). AGENCY: Enforcement and Compliance,
air traffic service routes, and reporting International Trade Administration,
The Proposed Amendment Commerce.
points.
ACTION: Proposed rule and request for
The Proposal Accordingly, pursuant to the
comments.
authority delegated to me, the Federal
The FAA is proposing an amendment Aviation Administration proposes to SUMMARY: The Department of Commerce
to Title 14 Code of Federal Regulations amend 14 CFR part 71 as follows: (the Department) publishes this
(14 CFR) Part 71 by modifying Class E
proposed rule to request public
airspace extending upward from 700 PART 71—DESIGNATION OF CLASS A, comments on proposed modifications to
feet above the surface at Barter Island B, C, D, AND E AIRSPACE AREAS; AIR the regulations for the Steel Import
LRRS Airport, Barter Island, AK. The TRAFFIC SERVICE ROUTES; AND Monitoring and Analysis (SIMA) System
North Slope Borough is relocating the REPORTING POINTS that would extend the system until
airport approximately 2 miles southwest
March, 2022. Extension of the authority
to address oceanic erosion issues at this
■ 1. The authority citation for 14 CFR for the SIMA System will ensure the
remote location. The airspace would be
Part 71 continues to read as follows: Department’s ability to track as early as
modified to a 6.4-mile radius of the
possible certain steel mill imports into
airport. Modification of the airspace is Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
the United States and make the import
necessary for the safety and
1959–1963 Comp., p. 389.
data publicly available approximately
management of IFR operations at the
five weeks in advance of the full public
airport. Additionally, the airport’s
§ 71.1 [Amended] trade data release by the Bureau of the
geographic coordinates would be
Census. Having such access to
updated to lat. 70°06′47″ N., long. ■ 2. The incorporation by reference in information about steel imports
143°39′13″ W. 14 CFR 71.1 of FAA Order 7400.11A, provides the public with greater
Class E airspace designations are Airspace Designations and Reporting knowledge to evaluate current market
published in paragraph 6005 of FAA Points, dated August 3, 2016, and conditions.
Order 7400.11A, dated August 3, 2016, effective September 15, 2016, is
and effective September 15, 2016, which DATES: Comments must be submitted on
amended as follows:
is incorporated by reference in 14 CFR or before 5 p.m. November 14, 2016.
71.1. The Class E airspace designations Paragraph 6005 Class E Airspace Areas ADDRESSES: As specified above, to be
listed in this document will be Extending Upward From 700 Feet or More assured of consideration, comments
published subsequently in the Order. Above the Surface of the Earth. must be received no later than 30 days
* * * * * after the publication of this notice in the
Regulatory Notices and Analyses Federal Register. All comments must be
AAL AK E5 Barter Island, AK [Modified]
The FAA has determined that this submitted through the Federal
regulation only involves an established Barter Island LRRS Airport, AK eRulemaking Portal at http://
body of technical regulations for which (Lat. 70°06′47″ N., long. 143°39′13″ W.) www.regulations.gov, into Docket
frequent and routine amendments are That airspace extending upward from 700 Number ITA–2016–0008, unless the
necessary to keep them operationally feet above the surface within a 6.4-mile commenter does not have access to the
current, is non-controversial and radius of Barter Island LRRS Airport, and Internet. Commenters that do not have
unlikely to result in adverse or negative that airspace extending upward from 1,200 access to the Internet may submit the
comments. It, therefore: (1) Is not a feet above the surface within a 83-mile radius original and two copies of each set of
‘‘significant regulatory action’’ under of Barter Island LRRS Airport, excluding that comments by mail or hand delivery/
Executive Order 12866; (2) is not a airspace east of 141° west longitude and courier. Please address the written
‘‘significant rule’’ under DOT excluding that airspace that extends beyond comments to the Secretary of
Regulatory Policies and Procedures (44 12 miles of the shoreline. Commerce, Attention: Steven Presing,
FR 11034; February 26, 1979); and (3) Issued in Seattle, Washington, on October Director for Industry Support and
does not warrant preparation of a 3, 2016. Analysis, Enforcement and Compliance,
regulatory evaluation as the anticipated Richard Roberts, Room 2845, Enforcement and
impact is so minimal. Since this is a Compliance, U.S. Department of
Acting Manager, Operations Support Group,
routine matter that will only affect air Commerce, Constitution Avenue and
Lhorne on DSK30JT082PROD with PROPOSALS

Western Service Center.
traffic procedures and air navigation, it 14th Street NW., Washington, DC 20230.
[FR Doc. 2016–24625 Filed 10–12–16; 8:45 am]
is certified that this rule, when The Department will not accept
promulgated, would not have a BILLING CODE 4910–13–P comments accompanied by a request
significant economic impact on a that part or all of the material be treated
substantial number of small entities confidentially because of its business
under the criteria of the Regulatory proprietary nature or for any other
Flexibility Act. reason. All comments responding to this

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70652 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Proposed Rules

as a result of this proposed rule would List of Subjects in 19 CFR Part 360 Substances Act. Since publishing that
be less than two percent, or an Administrative practice and notice, DEA has received numerous
estimated $37,151.00, of the estimated procedure, Business and industry, comments from members of the public
total $1,857,560.00 cost to all steel Imports, Reporting and recordkeeping challenging the scheduling action and
importers to process the on-line requirements, Steel. requesting that the agency consider
automatic licenses. These calculations those comments and accompanying
were based on an hourly pay rate of Dated: October 4, 2016. information before taking further action.
$20.00 multiplied by the estimated Ken Hyatt, In addition, DEA will receive from the
92,878 total annual burden hours. Based Acting Under Secretary for International Food and Drug Administration (FDA) a
on the current patterns of license Trade. scientific and medical evaluation and
applications, the vast majority of the For the reasons discussed above, we scheduling recommendation for these
licenses are applied for by large propose amending 19 CFR part 360 as substances, which DEA previously
companies. The approximate cost of a follows: requested.
single license is less than 10 minutes of DEA is therefore taking the following
the applicant’s time and this is reduced PART 360—STEEL IMPORT actions: DEA is withdrawing the August
if applicants use templates or the MONITORING AND ANALYSIS SYSTEM 31, 2016 notice of intent; and soliciting
electronic data interface for multiple comments from the public regarding the
licenses. This amounts to an average ■ 1. The authority citation for part 360 scheduling of mitragynine and 7-
cost per license of $3.33. continues to read as follows: hydroxymitragynine under the
This proposed rule contains Authority: 13 U.S.C. 301(a) and 302. Controlled Substances Act.
collection-of-information requirements DATES: The notice of intent that was
■ 2. Section 360.105 is revised to read
subject to review and approval by the as follows. published on August 31, 2016 (81 FR
Office of Management and Budget 59929) is withdrawn as of October 13,
(OMB) under the Paperwork Reduction § 360.105 Duration of the steel import 2016. The comment period will be open
Act (PRA). licensing requirement. until December 1, 2016. All comments
These requirements have been The licensing program will be in for the public record must be submitted
approved by OMB (OMB No.: 0625– effect through March 21, 2022, but may electronically or in writing in
0245; Expiration Date: 1/31/2018). be extended upon review and accordance with the procedures
Public reporting for this collection of notification in the Federal Register outlined below. Electronic comments
information is estimated to be less than prior to this expiration date. Licenses must be submitted, and written
10 minutes per response, including the will be required for all subject imports comments must be postmarked, on or
time for reviewing instructions, and entered during this period, even if the before December 1, 2016. Commenters
completing and reviewing the collection entry summary documents are not filed should be aware that the electronic
of information. until after the expiration of this Federal Docket Management System
program. The licenses will be valid for will not accept comments after 11:59
Paperwork Reduction Act Data p.m. Eastern Time on the last day of the
10 business days after the expiration of
OMB Number: 0625–0245. this program to allow for the final filing comment period. Please note that if you
ITA Number: ITA–4141P. of required Customs documentation. previously submitted a comment via
Type of Review: Regular Submission. [FR Doc. 2016–24649 Filed 10–12–16; 8:45 am] email or regular mail following the
August 31, 2016 notice, that comment is
Affected Public: Business or other for- BILLING CODE 3510–DS–P
being considered by DEA—it is not
profit.
necessary to resubmit the same
Estimated Number of Registered comment unless you wish to provide
Users: 3,500. DEPARTMENT OF JUSTICE
additional information, or you wish to
Estimated Time per Response: Less have your comment posted for public
than 10 minutes. Drug Enforcement Administration
view in accordance with the
Estimated Total Annual Burden instructions provided below.
21 CFR Part 1308
Hours: 92,878 hours. ADDRESSES: To ensure proper handling
Estimated Total Annual Costs: $0.00. [Docket No. DEA–442W] of comments, please reference ‘‘Docket
Notwithstanding any other provision No. DEA–442W’’ on all correspondence,
Withdrawal of Notice of Intent to
of law, no person is required to respond including any attachments.
Temporarily Place Mitragynine and 7-
to nor shall a person be subject to a • Electronic comments: The Drug
Hydroxymitragynine Into Schedule I
penalty for failure to comply with a Enforcement Administration encourages
collection of information subject to the AGENCY: Drug Enforcement that all comments be submitted
requirements of the Paperwork Administration, Department of Justice. electronically through the Federal
Reduction Act unless that collection of ACTION: Withdrawal of Notice of Intent; eRulemaking Portal, which provides the
information displays a current valid Solicitation of Comments. ability to type short comments directly
OMB Control Number. into the comment field on the Web page
SUMMARY: On August 31, 2016, the Drug or attach a file for lengthier comments.
Executive Order 12866
Enforcement Administration (DEA) Please go to http://www.regulations.gov
This rule has been determined to be published in the Federal Register a and follow the online instructions at
Lhorne on DSK30JT082PROD with PROPOSALS

not significant for purposes of Executive notice of intent to temporarily place that site for submitting comments. Upon
Order 12866. mitragynine and 7-hydroxymitragynine, completion of your submission, you will
which are the main psychoactive receive a Comment Tracking Number for
Executive Order 13132
constituents of the plant Mitragyna your comment. Please be aware that
This rule does not contain policies speciosa, also referred to as kratom, into submitted comments are not
with federalism implications as that schedule I pursuant to the temporary instantaneously available for public
term is defined in EO 13132. scheduling provisions of the Controlled view on Regulations.gov. If you have

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Document Created: 2016-10-13 00:53:43
Document Modified: 2016-10-13 00:53:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule and request for comments.
Dates		Comments must be submitted on or before 5 p.m. November 14, 2016.
Contact		For information on the SIMA System, please contact Steven Presing (202) 482-1672 or Julie Al-Saadawi (202) 482-1930.
FR Citation		81 FR 70650
RIN Number		0625-AB09
CFR Associated		Administrative Practice and Procedure; Business and Industry; Imports; Reporting and Recordkeeping Requirements and Steel

81 FR 70650 - Steel Import Monitoring and Analysis System

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 198 (October 13, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration