82 FR 1183 - Steel Import Monitoring and Analysis System
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 3 (January 5, 2017)
International Trade Administration
Federal Register Volume 82, Issue 3 (January 5, 2017)
| Page Range | 1183-1185 | |
| FR Document | 2016-31667 |
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)] [Rules and Regulations] [Pages 1183-1185] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31667] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 360 RIN 0625-AB09 Steel Import Monitoring and Analysis System AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce (the Department) is extending the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022. The purpose of the SIMA system is to provide to the public statistical data on steel imports entering the United States roughly five weeks earlier than it would otherwise be available. Aggregate data collected from the steel import licenses are made available to the public on a weekly basis following review by the Department. DATES: Effective March 21, 2017. FOR FURTHER INFORMATION CONTACT: For information about the SIMA system, please contact Julie Al-Saadawi (202) 482-1930 or Michael Rollin (202) 482-4978. SUPPLEMENTARY INFORMATION: Background The SIMA system has operated under its current authority since March 21, 2005. Prior to that date, authority for steel import licensing and monitoring was derived from Proclamation 7529 of March 5, 2002 (67 FR 10553). Pursuant to sections 201 and 203 of the 1974 Trade Act, 19 U.S.C. 2251, 2253, Proclamation 7529 implemented safeguard measures with respect to certain imported steel products, placing temporary tariffs on these steel imports and providing the steel industry time to restructure. The monitoring system outlined in Proclamation 7529 required all importers of steel products to obtain a license from the Department prior to completing their customs entry summary documentation. This provided a monitoring tool to ensure that the effectiveness of the steel safeguard measures was not undermined by large quantities of imports originating from countries that were excluded from the tariffs. In Proclamation 7741 of December 4, 2003 (68 FR 68483), the President terminated the steel safeguard measures, but directed the Secretary of Commerce to continue the monitoring system until the earlier of March 21, 2005, or such time as the Secretary of Commerce established a replacement program. On December 9, 2003, the Department published a notice stating that the system would continue in effect as described in Proclamation 7741 until March 21, 2005 (68 FR 68594). On August 25, 2004, the Department published an advance notice of proposed rulemaking soliciting comments from the public on whether to continue the monitoring system beyond March 21, 2005 (69 FR 52211). The Department changed the program's name from the Steel Import Licensing and Surge Monitoring program to the Steel Import Monitoring and Analysis (SIMA) system. The name change was notified in the publication of the August 2004 advance notice (69 FR 52211). On March 11, 2005, the Department published an interim final rule responding to the comments received from the public and implementing a slightly expanded version of SIMA until March 21, 2009. That interim final rule was followed by the publication of the final rule on December 5, 2005 (70 FR 72373). On December 12, 2008, a proposed rule was published in the Federal Register (73 FR 75624) seeking an extension of the SIMA system through March 21, 2013 and asking for comments from the public. The Department received twelve submissions, all of which expressed support for the extension. On March 18, [[Page 1184]] 2009, the Department issued the final rule (74 FR 11474) to extend the application of the SIMA system until March 21, 2013. On November 13, 2012 (77 FR 67593), the Department published a proposed rule seeking comments on an extension of the SIMA system through March 21, 2017. The Department received three submissions, all of which expressed support for the extension. The Department issued the final rule to extend the application of the SIMA system until March 21, 2017 (78 FR 11090). On October 13, 2016, the Department published a proposed rule seeking comments on an extension of the SIMA system through March 21, 2022 (81 FR 70650). The Department received two submissions, both of which expressed support for the extension. The Department is issuing this final rule to extend the application of the SIMA system until March 21, 2022. The sole change included in this final rule was extending the program's lifespan to five years (the program's previous lifespan was four years--at which time an extension of the program must be proposed). 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. Import licenses, obtained through the Internet-based SIMA licensing system, are required for U.S. imports of basic steel mill products. Aggregate import data obtained from the licenses are updated weekly and posted on the SIMA Web site monitor. Details of the current system can be found at http://enforcement.trade.gov/steel/license/. Response to Comments Submissions received during the public comment period established in the proposed rule have been considered in preparing this final rule. Two submissions were received, one from a coalition of nine steel trade groups (referred to as the ``industry''), and one from a large steel- producing company in the United States, AK Steel Corporation. Both of the submissions supported the five-year extension and agreed that the system is a critical tool that helps the industry closely monitor steel imports. The comments are summarized below. The two submissions received are posted on the Federal rulemaking portal at www.Regulations.gov as well as on the SIMA Web site at http://enforcement.trade.gov/steel/license/. Comment 1: Commenters strongly support the extension of the SIMA system for an additional five years. They state that given the current global overcapacity in steel that is fueling surges in steel imports, the SIMA system gives the public access to the timeliest information possible regarding import patterns and changes, particularly increases in volumes. They also view the system as an important and transparent tool to support rational decision-making by all interested parties-- steel producers, steel consumers, importers and U.S. government officials. Response: The Department agrees that the SIMA system provides the public valuable and timely information on steel mill imports. The Department also agrees that making aggregate import volume and pricing data drawn from the licenses publicly available provides all interested stakeholders with a more informed understanding of changing market conditions in a transparent manner. Comment 2: Commenters state that there is no significant burden on the steel importing community to comply with the licensing requirements of the SIMA system, and that this has been confirmed over the last 12 years in its current format, which remains unchanged by the proposed rule. Response: The Department agrees that there is no significant burden on steel importers arising out of SIMA system licensing requirements. The web-based licensing system is automatic and free of charge. The Department estimates that it continues to take no longer than ten minutes to complete the automated license form, and for most applicants, the time spent is much less. Comment 3: Commenters suggest that the Department make the SIMA system permanent rather than extend it for another five years. They state that the system has proven its effectiveness as an important analytical tool for both steel producers and consumers. Response: Broad authority to collect information on imports is granted to the Secretary of Commerce and delegated to the Director of the Bureau of the Census. When the original safeguard authority for the SIMA system granted by the President expired in March 2005, the system was continued pursuant to this Department of Commerce information collection authority (13 U.S.C. 301(a) and 302). For purposes of administering the SIMA system, this authority was temporarily transferred from the Director of the Census Bureau to the Under Secretary for International Trade for four years. One of the conditions of the temporary transfer of authority to the Under Secretary for International Trade was that any future periodic extension of the SIMA system be notified to the Secretary and subject to review. Therefore, establishment of a permanent system is not possible under current authority. For the reasons discussed above, the proposed rule (19 CFR part 360) is made final without changes. Classification 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 Executive Order 13132. 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 at the proposed rule stage, that this 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. The factual basis for the certification is found in the proposed rule and is not repeated here. No comments were received on the certification or the economic impacts of this action. As a result, no final regulatory flexibility analysis is required and none was prepared. Paperwork Reduction Act This final 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 ten minutes per response, including the time for reviewing instructions and completing and reviewing the collection of information. All responses to this collection of information are voluntary, and will be provided confidentially to the extent allowed by law. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number. List of Subjects in 19 CFR Part 360 Administrative practice and procedure, Business and industry, [[Page 1185]] Imports, Reporting and recordkeeping requirements, Steel. Dated: December 23, 2016. Paul Piquado, Assistant Secretary for Enforcement & Compliance. For reasons discussed in the preamble, 19 CFR part 360 is amended 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 on 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. 2016-31667 Filed 1-4-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations 1183
BLLYJ, CA WP (Lat. 32°49′38.06″ N., long. 116°45′56.45″ W.)
STAXS, CA WP (Lat. 32°52′16.70″ N., long. 116°32′17.69″ W.)
GILYY, CA WP (Lat. 32°52′12.12″ N., long. 116°21′05.24″ W.)
KUMBA, CA WP (Lat. 32°45′43.18″ N., long. 116°03′13.37″ W.)
Imperial, CA VORTAC (Lat. 32°44′55.92″ N., long. 115°30′30.90″ W.)
(IPL)
Issued in Washington, DC, on December SUPPLEMENTARY INFORMATION: On Trade Act, 19 U.S.C. 2251, 2253,
21, 2016. November 17, 2016, the Commission Proclamation 7529 implemented
Leslie M. Swann, issued a final rule in the above- safeguard measures with respect to
Acting Manager, Airspace Policy Group. captioned proceeding. This document certain imported steel products, placing
[FR Doc. 2016–31901 Filed 1–4–17; 8:45 am] corrects Footnote 6 in FR Doc 2016– temporary tariffs on these steel imports
BILLING CODE 4910–13–P 28322, published in the Federal and providing the steel industry time to
Register of December 21, 2016 (81 FR restructure. The monitoring system
93732), by adding the following citation outlined in Proclamation 7529 required
DEPARTMENT OF ENERGY on page 93733, in the first column: all importers of steel products to obtain
FERC Stats. & Regs. ¶ 32,715. a license from the Department prior to
Federal Energy Regulatory Issued: December 22, 2016. completing their customs entry
Commission summary documentation. This provided
Nathaniel J. Davis, Sr.,
a monitoring tool to ensure that the
Deputy Secretary. effectiveness of the steel safeguard
18 CFR Parts 375 and 388
[FR Doc. 2016–31541 Filed 1–4–17; 8:45 am] measures was not undermined by large
[Docket Nos. RM16–15–000, RM15–25–001] BILLING CODE 6717–01–P quantities of imports originating from
countries that were excluded from the
Regulations Implementing FAST Act
tariffs.
Section 61003—Critical Electric DEPARTMENT OF COMMERCE In Proclamation 7741 of December 4,
Infrastructure Security and Amending 2003 (68 FR 68483), the President
Critical Energy Infrastructure International Trade Administration terminated the steel safeguard measures,
Information; Availability of Certain but directed the Secretary of Commerce
North American Electric Reliability 19 CFR Part 360 to continue the monitoring system until
Corporation Databases to the the earlier of March 21, 2005, or such
Commission; Correction RIN 0625–AB09
time as the Secretary of Commerce
AGENCY: Federal Energy Regulatory Steel Import Monitoring and Analysis established a replacement program. On
Commission. System December 9, 2003, the Department
ACTION: Final rule; correction.
published a notice stating that the
AGENCY: Enforcement and Compliance, system would continue in effect as
International Trade Administration, described in Proclamation 7741 until
SUMMARY: This document contains
Department of Commerce. March 21, 2005 (68 FR 68594). On
corrections to the final rule (RM16–15–
ACTION: Final rule. August 25, 2004, the Department
000, RM15–25–001) which published in
the Federal Register on Wednesday, SUMMARY: The Department of Commerce published an advance notice of
December 21, 2016 (81 FR 93732). The (the Department) is extending the Steel proposed rulemaking soliciting
final rule amended the Commission’s Import Monitoring and Analysis (SIMA) comments from the public on whether
regulations to implement provisions of system until March 21, 2022. The to continue the monitoring system
the Fixing America’s Surface purpose of the SIMA system is to beyond March 21, 2005 (69 FR 52211).
Transportation Act that pertain to the provide to the public statistical data on The Department changed the program’s
designation, protection and sharing of steel imports entering the United States name from the Steel Import Licensing
Critical Electric Infrastructure roughly five weeks earlier than it would and Surge Monitoring program to the
Information. otherwise be available. Aggregate data Steel Import Monitoring and Analysis
collected from the steel import licenses (SIMA) system. The name change was
DATES: Effective January 5, 2017, and is
are made available to the public on a notified in the publication of the August
applicable beginning December 21,
weekly basis following review by the 2004 advance notice (69 FR 52211). On
2016.
Department. March 11, 2005, the Department
FOR FURTHER INFORMATION CONTACT: published an interim final rule
Nneka Frye, Office of the General DATES: Effective March 21, 2017. responding to the comments received
Counsel, Federal Energy Regulatory FOR FURTHER INFORMATION CONTACT: For from the public and implementing a
Commission, 888 First Street NE., information about the SIMA system, slightly expanded version of SIMA until
Washington, DC 20426, (202) 502– please contact Julie Al-Saadawi (202) March 21, 2009. That interim final rule
6029, Nneka.frye@ferc.gov 482–1930 or Michael Rollin (202) 482– was followed by the publication of the
Christopher MacFarlane, Office of the 4978. final rule on December 5, 2005 (70 FR
General Counsel, Federal Energy SUPPLEMENTARY INFORMATION: 72373).
Regulatory Commission, 888 First On December 12, 2008, a proposed
asabaliauskas on DSK3SPTVN1PROD with RULES
Street NE., Washington, DC 20426, Background rule was published in the Federal
(202) 502–6761, The SIMA system has operated under Register (73 FR 75624) seeking an
Christopher.macfarlane@ferc.gov its current authority since March 21, extension of the SIMA system through
Mark Hershfield, Office of the General 2005. Prior to that date, authority for March 21, 2013 and asking for
Counsel, Federal Energy Regulatory steel import licensing and monitoring comments from the public. The
Commission, 888 First Street NE., was derived from Proclamation 7529 of Department received twelve
Washington, DC 20426, (202) 502– March 5, 2002 (67 FR 10553). Pursuant submissions, all of which expressed
8597, Mark.hershfield@ferc.gov to sections 201 and 203 of the 1974 support for the extension. On March 18,
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![Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations 1185
Imports, Reporting and recordkeeping Counsel, Peace Corps, 1111 20th Street advises that applicants may be
requirements, Steel. NW., Washington, DC 20526. disqualified, and Volunteers and
Dated: December 23, 2016. SUPPLEMENTARY INFORMATION: Trainees may be separated, if the Peace
Paul Piquado,
Corps determines they provided
I. Background materially false, misleading, inaccurate,
Assistant Secretary for Enforcement &
Under the Peace Corps Act (22 U.S.C. or incomplete information during the
Compliance.
2501 et seq.), the Peace Corps is Peace Corps application process.
For reasons discussed in the authorized to enroll qualified U.S. (2) Eligibility. The eligibility section
preamble, 19 CFR part 360 is amended citizens and nationals as Volunteers to (22 CFR 305.2) is simplified to address
as follows: serve abroad, under conditions of only the existing citizenship and age
hardship if necessary, (i) to help the criteria for Volunteer applicants. Other
PART 360—STEEL IMPORT people of interested countries meet their eligibility factors in the current § 305.2
MONITORING AND ANALYSIS SYSTEM need for trained manpower, particularly are moved to succeeding sections,
■ 1. The authority citation for part 360 in meeting the basic needs of those where they are updated and expanded.
living in the poorest areas of such (3) Selection Standards. A revised
continues to read as follows:
countries, (ii) to help promote a better § 305.3 incorporates the selection factors
Authority: 13 U.S.C. 301(a) and 302. understanding of the American people that previously appeared in § 305.4. The
■ 2. Section 360.105 is revised to read on the part of the people served, and revision restates the attributes that an
as follows: (iii) to help promote a better applicant must meet for Volunteer
understanding of other peoples on the service. It revises the description of the
§ 360.105 Duration of the steel import
part of the American people. The Peace various personal attributes that are
licensing requirement.
Corps is authorized to establish the taken into account when evaluating
The licensing program will be in applicants. The revised § 305.3 explains
terms and conditions of enrollment of
effect through March 21, 2022, but may that the Peace Corps assesses each
Volunteers, as well as the terms and
be extended upon review and applicant’s personal, professional,
conditions of service. The Peace Corps
notification in the Federal Register educational, and legal qualifications in
published a proposed rule on July 31,
prior to this expiration date. Licenses order to select those applicants most
2015 (80 FR 45620) to revise and update
will be required on all subject imports likely to be successful in a Peace Corps
the 30 year-old regulation concerning
entered during this period, even if the eligibility and selection standards for assignment, serving under conditions of
entry summary documents are not filed Peace Corps Volunteer service. The hardship if necessary, to achieve the
until after the expiration of this comment period for the proposed rule goals of the Peace Corps. Meeting the
program. The licenses will be valid for ended on August 31, 2015, and the several qualifications does not in and of
10 business days after the expiration of Peace Corps received three comments. itself entitle any individual to serve in
this program to allow for the final filing the Peace Corps, because the revision
of required Customs documentation. II. Summary of Rulemaking states that the Peace Corps endeavors to
[FR Doc. 2016–31667 Filed 1–4–17; 8:45 am] The revised rule will make the select the best qualified individuals
BILLING CODE 3510–DS–P following changes: from among all eligible applicants.
(1) Introduction. The introductory (4) Medical Status. The revised part
section (22 CFR 305.1) provides new 305 creates a new § 305.4 that replaces
PEACE CORPS definitions for the three stages the provision on the medical
(Applicant, Trainee, and Volunteer) that qualifications of applicants that
22 CFR Part 305 an individual who is interested in previously appeared in § 305.2. The
service as a Volunteer passes through. It revised section implements, in relation
RIN 0420–AA26
also provides a definition of the term to applications for Volunteer service,
Eligibility and Standards for Peace ‘‘enrollment’’, which is used in Section 504 of the Rehabilitation Act. It
Corps Volunteer Service connection with an individual’s service states that an applicant must have the
as a Volunteer. The section includes a physical and mental capacity required
AGENCY: Peace Corps. general statement explaining the process to meet the essential eligibility
ACTION: Final rule. the Peace Corps follows in the selection requirements for a Volunteer and sets
of Volunteers and provides notice to out those essential eligibility
SUMMARY: The Peace Corps issues this applicants regarding the importance of requirements, which include the
final rule to restate and update the submitting complete and accurate capability to:
requirements for eligibility for Peace information in the application process. A revised § 305.4(a)(1)(i)–(iii)
Corps Volunteer service, and the factors The section eliminates the recitation of addresses medical stat.
considered in the assessment and the various anti-discrimination statutes It also requires that, in order for an
selection of eligible applicants for that the Peace Corps is obligated to applicant to be medically qualified for
training and service. The requirements follow and replaces it with a clear Volunteer service, the Peace Corps must
and factors for eligibility and selection statement that the Peace Corps does not have the capability to provide necessary
were last published in 1984. A revision discriminate on various grounds in the or appropriate health care for the
of the regulation is necessary to conform selection of Volunteers. Note that with applicant. It includes a requirement that
to changes in Federal laws and regard to prohibiting discrimination on the Peace Corps consider reasonable
asabaliauskas on DSK3SPTVN1PROD with RULES
regulations, particularly with respect to the basis of disability in the programs accommodations in determining
those prohibiting discrimination on the and activities of the Peace Corps, the whether an applicant has the physical
basis of disability, and to reflect policy agency is in the process of developing and mental capacity required to meet
changes made by the Peace Corps. its section 504 implementing regulation the essential eligibility requirements for
DATES: The final rule is effective on and plans to coordinate the regulation’s a Volunteer and whether the Peace
January 5, 2017. development with the Department of Corps has the capability to provide
FOR FURTHER INFORMATION CONTACT: Justice pursuant to the requirements of necessary or appropriate health care for
Anthony F. Marra, Associate General Executive Order 12250. The section the applicant.
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Document Created: 2018-02-01 14:50:59
Document Modified: 2018-02-01 14:50:59
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective March 21, 2017. | |
| Contact | For information about the SIMA system, please contact Julie Al-Saadawi (202) 482-1930 or Michael Rollin (202) 482-4978. | |
| FR Citation | 82 FR 1183 | |
| RIN Number | 0625-AB09 | |
| CFR Associated | Administrative Practice and Procedure; Business and Industry; Imports; Reporting and Recordkeeping Requirements and Steel |
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