82_FR_16438 82 FR 16375 - Amendment to the Privacy Shield Cost Recovery Fees

82 FR 16375 - Amendment to the Privacy Shield Cost Recovery Fees

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 63 (April 4, 2017)

Page Range16375-16378
FR Document2017-06437

Consistent with the guidelines in OMB Circular A-25, the U.S. Department of Commerce's International Trade Administration (ITA) is revising the fee schedule implemented on August 1, 2016. On January 12, 2017, the Swiss Government announced the approval of the Swiss-U.S. Privacy Shield Framework as a valid legal mechanism to comply with Swiss requirements when transferring personal data from Switzerland to the United States. For more detailed information on the Swiss-U.S. Privacy Shield Framework and the announcement, please see https:// www.privacyshield.gov/Program-Overview. This notice revises the Privacy Shield fee structure to incorporate the Swiss-U.S. Privacy Shield Framework in addition to the existing EU- U.S. Privacy Shield Framework. This is to support the operation of both the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (Privacy Shield).

Federal Register, Volume 82 Issue 63 (Tuesday, April 4, 2017) 
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16375-16378]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06437]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No.: 170301219-7219-01]
RIN 0625-XC029


Amendment to the Privacy Shield Cost Recovery Fees

AGENCY: International Trade Administration, U.S. Department of 
Commerce.

ACTION: Notice of amendment to the Privacy Shield cost recovery program 
fees, with request for comments.

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SUMMARY: Consistent with the guidelines in OMB Circular A-25, the U.S. 
Department of Commerce's International Trade Administration (ITA) is 
revising the fee schedule implemented on August 1, 2016. On January 12, 
2017, the Swiss Government announced the approval of the Swiss-U.S. 
Privacy Shield Framework as a valid legal mechanism to comply with 
Swiss requirements when transferring personal data from Switzerland to 
the United States. For more detailed information on the Swiss-U.S. 
Privacy Shield Framework and the announcement, please see https://www.privacyshield.gov/Program-Overview.
    This notice revises the Privacy Shield fee structure to incorporate 
the Swiss-U.S. Privacy Shield Framework in addition to the existing EU-
U.S. Privacy Shield Framework. This is to support the operation of both 
the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (Privacy Shield).

DATES: These fees are effective April 12, 2017. Comments must be 
received by May 4, 2017.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: www.Regulations.gov. The 
identification number is ITA-2017-0001.
     Postal Mail/Commercial Delivery to Joshua Blume, 
Department of Commerce, International Trade

[[Page 16376]]

Administration, Room 11022, 1401 Constitution Avenue NW., Washington, 
DC and reference ``Privacy Shield Fee Structure, ITA-2017-0001'' in the 
subject line.
    Instructions: You must submit comments by one of the above methods 
to ensure that the comments are received and considered. Comments sent 
by any other method, to any other address or individual, or received 
after the end of the comment period, may not be considered. All 
comments received are a part of the public record and will generally be 
posted to http://www.regulations.gov without change. All Personal 
Identifying Information (for example, name, address, etc.) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information. ITA will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only. Supporting documents and any comments we receive 
on this docket may be viewed at http://www.regulations.gov/ ITA-2017-
0001.
    More information regarding the Privacy Shield can be found at 
https://www.privacyshield.gov/Program-Overview.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
regarding the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks should 
be directed to Joshua Blume, Department of Commerce, International 
Trade Administration, Room 11022, 1401 Constitution Avenue NW., 
Washington, DC, tel. 202-482-0988 or 202-482-1512 or via email at 
privacyshield@trade.gov. Additional information on ITA fees is 
available at trade.gov/fees.

SUPPLEMENTARY INFORMATION: 

Background:

    In the revised fee structure, there will be one annual fee applied 
to U.S. organizations to participate in either the Swiss-U.S. or EU-
U.S. Privacy Shield Frameworks. Should a U.S. organization opt to self-
certify for both programs, they will be provided a reduced rate for the 
second Framework and be required to synchronize their recertifications 
to both Frameworks to maximize efficiency. Additionally, a fee will be 
applied annually to organizations that withdraw from the Privacy Shield 
and continue to maintain data received while they participated in the 
Privacy Shield. The cost recovery program will support the 
administration and supervision of the Privacy Shield and support 
Privacy Shield services including education and outreach. The revised 
Privacy Shield fee structure will become effective on April 12, 2017, 
when ITA will begin accepting certifications to the Swiss-U.S. Privacy 
Shield.
    While the revised fees will be effective April 12, 2017, ITA is 
providing the public with the opportunity to comment on these revised 
fees. ITA will then review all comments and reassess the Privacy Shield 
fees after August 1, 2017, a full year from initial implementation of 
Privacy Shield, as originally discussed in the Cost Recovery Fee 
Schedule for the EU-U.S. Privacy Shield Framework, published September 
30, 2016. The review will recur at least every two years thereafter, in 
accordance with OMB Circular A-25.
    Consistent with the guidelines in OMB Circular A-25, federal 
agencies are responsible for implementing cost recovery program fees. 
The role of ITA is to strengthen the competitiveness of U.S. industry, 
promote trade and investment, and ensure fair trade through the 
rigorous enforcement of our trade laws and agreements. ITA works to 
promote privacy policy frameworks to facilitate the flow of data across 
borders and support international trade.
    The United States, the European Union (EU), and Switzerland share 
the goal of enhancing privacy protection but take different approaches 
to protecting personal data. Given those differences, the Department of 
Commerce (DOC) developed the Privacy Shield Frameworks in consultation 
with the European Commission, the Swiss Government, and with industry 
and other stakeholders, to provide organizations in the United States 
with a reliable mechanism for personal data transfers to the United 
States from the European Union and Switzerland while ensuring the data 
is protected in a manner consistent with EU and Swiss law.
    As referenced in the Cost Recovery Fee Schedule for the EU-U.S. 
Privacy Shield Framework, published September 30, 2016 (81 FR 67293), 
the European Commission approved the EU-U.S. Privacy Shield Framework 
on July 12, 2016. More recently, on January 12, 2017, the Swiss 
government approved the Swiss-U.S. Privacy Shield Framework, which is 
based on the EU-U.S. Privacy Shield. The published Privacy Shield is 
available at https://www.privacyshield.gov/. The DOC has issued the 
Privacy Shield Framework Principles under its statutory authority to 
foster, promote, and develop international commerce (15 U.S.C. 1512).
    ITA administers and supervises the EU-U.S. Privacy Shield 
Framework, including by maintaining and making publicly available an 
authoritative list of U.S. organizations that have self-certified to 
the DOC. U.S. organizations submit information to ITA to self-certify 
their compliance with Privacy Shield. ITA similarly will administer and 
supervise the Swiss-U.S. Privacy Shield Framework. ITA will accept 
self-certification submissions for the Swiss-U.S. Privacy Shield 
beginning on April 12, 2017. Consistent with the Paperwork Reduction 
Act, ITA published proposed information collections as described in the 
EU-U.S. and Swiss-U.S. Privacy Shield Frameworks for public notice and 
comment (81 FR 78775 and 82 FR 7796; and 82 FR 6492, respectively).
    U.S. organizations considering self-certifying to the Privacy 
Shield should review the Privacy Shield Frameworks. In summary, to 
enter either the EU or Swiss-U.S. Privacy Shield Framework, an 
organization must (a) be subject to the investigatory and enforcement 
powers of the Federal Trade Commission (FTC) or the Department of 
Transportation; (b) publicly declare its commitment to comply with the 
Privacy Shield Framework Principles through self-certification to the 
DOC; (c) publicly disclose its privacy policies in line with the 
Privacy Shield Framework Principles; and (d) fully implement them.
    Self-certification to the DOC is voluntary. However, an 
organization's failure to comply with the Privacy Shield Framework 
Principles after its self-certification is enforceable under Section 5 
of the Federal Trade Commission Act prohibiting unfair and deceptive 
acts in or affecting commerce (15 U.S.C. 45(a)) or other laws or 
regulations prohibiting such acts.
    ITA implemented a cost recovery program to support the operation of 
the EU-U.S. Privacy Shield and is revising that fee schedule to 
additionally support the operation of the Swiss-U.S. Privacy Shield. 
The fee a given organization will be charged will be based on the 
organization's annual revenue. A separate fee will be applied annually 
to organizations that withdraw from the Privacy Shield and continue to 
maintain data received while they participated in the Privacy Shield. 
The cost recovery program will support the administration and 
supervision of the Privacy Shield program and support the provision of 
Privacy Shield-related services, including education and outreach.
    The Cost Recovery Fee Schedule for the EU-U.S. Privacy Shield 
Framework,

[[Page 16377]]

published September 30, 2016 (81 FR 67293), describes the fees 
implemented by ITA to cover the administration and supervision of the 
EU-U.S. Privacy Shield Framework. Under this revision to the fee 
structure, organizations that join only one Privacy Shield Framework, 
whether EU or Swiss, will pay the same single fee when initially self-
certifying or re-certifying. Organizations that join both Frameworks 
will pay an additional 50 percent of that single fee when self-
certifying or re-certifying for the second Framework, reflecting the 
efficiency savings in administering the Program for organizations that 
participate in both Frameworks.
    These efficiency savings are maximized if organizations self-
certify to both Frameworks simultaneously, reducing the required staff 
time and resources for reviewing materials. Accordingly, organizations 
that join both Frameworks will be required to synchronize 
recertification between the EU-U.S. and Swiss-U.S. Privacy Shield 
Frameworks by renewing their certifications to both Frameworks 
simultaneously.
    In addition, in order to allow organizations to set their own 
annual schedules, organizations that participate in one or both 
Frameworks may adjust their annual recertification date by re-
certifying early to one or both Frameworks.
    For example, organizations that already have joined the EU 
Framework and wish to join the Swiss Framework as well will have three 
options for timing the synchronized recertification. Such organizations 
may (a) self-certify to the Swiss Framework before the EU renewal comes 
due and re-certify early to the EU Framework at the same time; (b) wait 
until their certification to the EU Framework is up for renewal and 
self-certify to the Swiss Framework at the same time as they renew 
their certification to the EU Framework; or (c) self-certify to the 
Swiss Framework separately (without waiting for their recertification 
to the EU Framework to come due), and then re-certify to both 
Frameworks when their recertification to the EU Framework comes due.
    Finally, a fixed annual fee of $200 will be charged for 
organizations that withdraw from the Privacy Shield and maintain data 
received under Privacy Shield. This fee has been set to cover staff 
costs for reviewing the questionnaires of organizations withdrawing 
from the program, as well as the necessary Web site infrastructure to 
facilitate submission of the proper documents. Additionally, this fee 
is set to be less than any organization would be required to pay for 
recertification. These fees are set forth below:

   Revised Annual Fee Schedule for the EU-U.S. and Swiss-U.S. Privacy
                            Shield Frameworks
------------------------------------------------------------------------
                                                    Single       Both
          Organization's annual revenue            framework  frameworks
------------------------------------------------------------------------
$0 to $5 million................................        $250        $375
Over $5 million to $25 million..................         650         975
Over $25 million to $500 million................       1,000       1,500
Over $500 million to $5 billion.................       2,500       3,750
Over $5 billion.................................       3,250       4,875
------------------------------------------------------------------------

    Annual Fee for Retaining Data after Withdrawal: $200.
    Organizations will have additional direct costs associated with 
participating in the Privacy Shield. For example, Privacy Shield 
organizations must provide a readily available independent recourse 
mechanism to hear individual complaints at no cost to the individual. 
Furthermore, organizations will be required to pay contributions in 
connection with the arbitral model, as described in Annex I to the 
Principles.

Method for Determining Fees

    ITA collects, retains, and expends user fees pursuant to delegated 
authority under the Mutual Educational and Cultural Exchange Act as 
authorized in its annual appropriations acts. The Privacy Shield was 
developed to provide organizations in the United States with a reliable 
mechanism for personal data transfers that underpin the trade and 
investment relationships between the United States and (1) the EU, and 
(2) Switzerland. As one of only several valid data transfer mechanisms, 
Privacy Shield operates in a way that provides strong consumer 
protection as well as a more effective and efficient service to 
corporations at a lower cost than other options, including standard 
contractual clauses or binding corporate rules.
    Fees are set taking into account the operational costs borne by ITA 
to administer and supervise the Privacy Shield program. As described in 
the Cost Recovery Fee Schedule for the EU-U.S. Privacy Shield 
Framework, published September 30, 2016 (81 FR 267293), the Privacy 
Shield program requires a significant commitment of resources and 
staff. These costs include broad programmatic costs to run the Privacy 
Shield as well as costs specific to each of the Privacy Shield 
Frameworks and to the program that allows Participants to retain data 
after withdrawal from Privacy Shield. The Privacy Shield includes 
commitments from ITA to:
     Maintain, upgrade, and update a Privacy Shield Web site;
     verify self-certification requirements submitted by 
organizations to participate in the Privacy Shield;
     expand efforts to follow up with organizations that have 
been removed from the Privacy Shield List and ensure, where applicable, 
that questionnaires are correctly filed and processed;
     search for and address false claims of participation;
     conduct periodic compliance reviews and assessments of the 
program;
     provide information regarding the program to targeted 
audiences;
     increase cooperation with EU and Swiss data protection 
authorities;
     facilitate resolution of complaints about non-compliance;
     hold annual meetings with the European Commission, Swiss 
government, and other authorities to review the program; and
     provide an update of laws relevant to Privacy Shield.
    In setting these revised Privacy Shield fees, ITA determined that 
the services provided offer special benefits to an identifiable 
recipient beyond those that accrue to the general public. ITA 
calculated the actual cost of providing its services in order to 
provide a basis for setting each fee. This actual cost incorporates 
direct and indirect costs, including operations and maintenance, 
overhead, and charges for the use of capital facilities. ITA also took 
into account additional factors, including adequacy of cost recovery, 
affordability, and costs associated with alternative options available 
to U.S. organizations for the receipt of personal data from the EU and 
Switzerland. Furthermore, ITA considered the cost-savings and 
efficiencies gained in staff hours through simultaneous review of self-
certifications for both the Swiss-U.S. and EU-U.S. Privacy Shield 
Frameworks. This analysis balanced these cost savings with projected 
expenses, including, but not limited to, Web site development, further 
negotiations with the EU and Switzerland, an annual review, 
certification review, and facilitating complaint resolutions.
    ITA will continue to use the established five-tiered fee schedule 
(81 FR 267293) that has promoted participation of small organizations 
in Privacy Shield, while implementing a reduced rate for organizations 
self-certifying to both the Swiss-U.S. and EU-U.S. Privacy Shield 
Frameworks. A

[[Page 16378]]

multiple-tiered fee schedule allows ITA to offer organizations with 
lower revenue a lower fee. In setting the five tiers, ITA considered, 
in conjunction with the factors mentioned above: (1) The Small Business 
Administration's guidance on identifying small and medium enterprises 
(SMEs) in various industries most likely to participate in the Privacy 
Shield, such as computer services, software and information services; 
(2) the likelihood that small companies would be expected to receive 
less personal data and thereby use fewer government resources; and (3) 
the likelihood that companies with higher revenue would have more 
customers whose data they process, which would use more government 
resources dedicated to administering and overseeing Privacy Shield. For 
example, if a company holds more data it could reasonably produce more 
questions and complaints from consumers and EU and Swiss Data 
Protection Authorities (DPAs). ITA has committed to facilitating the 
resolution of individual complaints and to communicating with the FTC 
and the DPAs regarding consumer complaints. Lastly, the fee increases 
between the tiers are based in part on projected program costs and 
estimated participation levels among companies within each tier.
    As noted above, the revised fee schedule recoups the costs to ITA 
for operating and maintaining Privacy Shield. Organizations seeking to 
join the Swiss-U.S. Privacy Shield Framework may do so beginning on 
April 12, 2017, through Privacyshield.gov. ITA has taken into account 
efficiencies and economies of scale experienced when organizations 
participate in both Frameworks by providing a 50 percent discount off 
the second Framework and requiring organizations to synchronize their 
recertifications. The added cost of joining a second Framework reflects 
the additional expenses incurred, including, but not limited to, for 
communications with DPAs and Web site infrastructure and development, 
as well as the additional costs of cooperating and communicating 
separately with the EU and Swiss representatives and governments.
    The fee applied to organizations that withdraw from Privacy Shield 
but maintain data is meant to cover the programmatic costs associated 
with ITA's processing of such organizations' annual affirmation of 
commitment to continue to apply the Privacy Shield Framework Principles 
to the personal information they received while participating in the 
Privacy Shield. The flat fee is based on the expectation that 
government resources required to process this annual affirmation will 
be similar for all companies, regardless of size.

Conclusion

    Based on the information provided above, ITA believes that the 
revised Privacy Shield cost recovery fees are consistent with the 
objective of OMB Circular A-25 to ``promote efficient allocation of the 
nation's resources by establishing charges for special benefits 
provided to the recipient that are at least as great as the cost to the 
U.S. Government of providing the special benefits . . .'' OMB Circular 
A-25(5)(b). ITA is providing the public with the opportunity to comment 
on the fee schedule, and it will consider these comments when it next 
reassesses the fee schedule. As noted in the Cost Recovery Fee Schedule 
for the EU-U.S. Privacy Shield Framework, published September 30, 2016 
(81 FR 267293), ITA will conduct its next fee reassessment after August 
1, 2017, at the conclusion of the first year of implementation of the 
Privacy Shield. ITA will continue to conduct reassessments thereafter 
at least every two years, in accordance with OMB Circular A-25.

    Dated: March 28, 2017.
Alysha Taylor,
Acting Deputy Assistant Secretary for Services, Industry & Analysis, 
International Trade Administration, U.S. Department of Commerce.
[FR Doc. 2017-06437 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DR-P

Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices 16375 • Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 15. Shang Chen General and • Boron 0.002–0.004, ultrasonic testing requirements with Administrative Expenses • Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; 16. Shang Chen Scrap Offset • Hydrogen not greater than 2 ppm, and and 17. Quarterly Cost Data • Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle 18. Shang Chen Differential Pricing (b) Having cleanliness in accordance with inspection in accordance with AMS 2301. Analysis ASTM E45 method A (Thin and Heavy): A The products subject to the investigation 19. Shang Chen Date of Sale not exceeding 1.5, B not exceeding 1.5, C not are currently classified in the Harmonized 20. Shang Chen Sales-Related Revenues exceeding 1.0, D not exceeding 1.5; Tariff Schedule of the United States (HTSUS) 21. Shang Chen Reported Packing Cost (c) Having the following mechanical under item numbers: 7208.40.3030, 22. Alleged Error in Shang Chen’s Margin properties: 7208.40.3060, 7208.51.0030, 7208.51.0045, Calculation Program (i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000, IX. Recommendation 237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110, [FR Doc. 2017–06703 Filed 4–3–17; 8:45 am] product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050, a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000. BILLING CODE 3510–DS–P or more, Elongation of 18% or more and The products subject to the investigation Reduction of area 35% or more; having may also enter under the following HTSUS charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, DEPARTMENT OF COMMERCE longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000, 15 ft. lbs (single value) and equal or greater 7211.19.1500, 7211.19.2000, 7211.19.4500, International Trade Administration than 20 ft. lbs (average of 3 specimens) and 7211.19.6000, 7211.19.7590, 7211.90.0000, conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000, [Docket No.: 170301219–7219–01] MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, RIN 0625–XC029 (ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, 240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, Amendment to the Privacy Shield Cost product including mid thickness; and having 7225.40.5130, 7225.40.5160, 7225.40.7000, Recovery Fees a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000, ksi or more, Elongation of 15% or more and 7226.11.9060, 7226.19.1000, 7226.19.9000, AGENCY: International Trade Reduction of area 30% or more; having 7226.91.0500, 7226.91.1530, 7226.91.1560, Administration, U.S. Department of charpy V at ¥40 degrees F in the 7226.91.2530, 7226.91.2560, 7226.91.7000, Commerce. longitudinal direction equal or greater than 7226.91.8000, and 7226.99.0180. 21 ft. lbs (single value) and equal or greater ACTION: Notice of amendment to the The HTSUS subheadings above are than 31 ft. lbs (average of 3 specimens); provided for convenience and customs Privacy Shield cost recovery program (d) Conforming to ASTM A578–S9 purposes only. The written description of the fees, with request for comments. ultrasonic testing requirements with scope of the investigation is dispositive. acceptance criteria 3.2 mm flat bottom hole; SUMMARY: Consistent with the and Appendix II guidelines in OMB Circular A–25, the (e) Conforming to magnetic particle U.S. Department of Commerce’s inspection in accordance with AMS 2301; List of Topics Discussed in the Issues and International Trade Administration (7) Alloy forged and rolled steel CTL plate Decision Memorandum (ITA) is revising the fee schedule over 407 mm in actual thickness and meeting implemented on August 1, 2016. On I. Summary the following requirements: January 12, 2017, the Swiss Government II. Background (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel III. Use of Adverse Facts Available announced the approval of the Swiss- with the following chemical composition a. China Steel U.S. Privacy Shield Framework as a b. Shang Chen valid legal mechanism to comply with (expressed in weight percentages): IV. Scope of the Investigation Swiss requirements when transferring • Carbon 0.25–0.30, V. Scope Comments • Silicon not greater than 0.25, personal data from Switzerland to the VI. Affiliations and Collapsing • Manganese not greater than 0.50, United States. For more detailed VII. Margin Calculations • Nickel 3.0–3.5, information on the Swiss-U.S. Privacy VIII. Discussion of Issues • Sulfur not greater than 0.010, Shield Framework and the a. China Steel • Phosphorus not greater than 0.020, announcement, please see https:// 1. Whether to Apply Total Adverse Facts • Chromium 1.0–1.5, • Molybdenum 0.6–0.9, Available to China Steel www.privacyshield.gov/Program- • Vanadium 0.08 to 0.12 2. China Steel Excluded Operating Costs Overview. 3. China Steel Under-Reported Prime This notice revises the Privacy Shield • Boron 0.002–0.004, Merchandise fee structure to incorporate the Swiss- • Oxygen not greater than 20 ppm, 4. China Steel Under-Reported G&A • Hydrogen not greater than 2 ppm, and U.S. Privacy Shield Framework in Expenses • Nitrogen not greater than 60 ppm. addition to the existing EU–U.S. Privacy 5. China Steel Under-Reported Interest (b) Having cleanliness in accordance with Shield Framework. This is to support Expenses ASTM E45 method A (Thin and Heavy): A the operation of both the EU–U.S. and 6. China Steel Improperly Reduced COGS not exceeding 1.0(t) and 0.5(h), B not Swiss-U.S. Privacy Shield Frameworks 7. China Steel Date of Sale exceeding 1.5(t) and 1.0(h), C not exceeding 8. China Steel Home Market Post-Sale Price (Privacy Shield). 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Adjustments DATES: These fees are effective April 12, and 1.0(h); 9. China Steel Destination Codes 2017. Comments must be received by (c) Having the following mechanical 10. China Steel Packing Expenses properties: A Brinell hardness not less than May 4, 2017. asabaliauskas on DSK3SPTVN1PROD with NOTICES 11. Critical Circumstances 350 HBW measured in all parts of the ADDRESSES: You may submit comments 12. Alleged Errors in China Steel product including mid thickness; and having by either of the following methods: Verification Report a Yield Strength of 145ksi or more and UTS b. Shang Chen • Federal eRulemaking Portal: 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having 13. Total Adverse Facts Available for www.Regulations.gov. The identification Shang Chen number is ITA–2017–0001. charpy V at ¥40 degrees F in the transverse direction equal or greater than 20 ft. lbs 14. Adjustments to the Reported Per-Unit • Postal Mail/Commercial Delivery to Cost of Manufacturing Joshua Blume, Department of (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); Commerce, International Trade VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1

16376 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices Administration, Room 11022, 1401 supervision of the Privacy Shield and international commerce (15 U.S.C. Constitution Avenue NW., Washington, support Privacy Shield services 1512). DC and reference ‘‘Privacy Shield Fee including education and outreach. The ITA administers and supervises the Structure, ITA–2017–0001’’ in the revised Privacy Shield fee structure will EU–U.S. Privacy Shield Framework, subject line. become effective on April 12, 2017, including by maintaining and making Instructions: You must submit when ITA will begin accepting publicly available an authoritative list of comments by one of the above methods certifications to the Swiss–U.S. Privacy U.S. organizations that have self- to ensure that the comments are Shield. certified to the DOC. U.S. organizations received and considered. Comments While the revised fees will be submit information to ITA to self-certify sent by any other method, to any other effective April 12, 2017, ITA is their compliance with Privacy Shield. address or individual, or received after providing the public with the ITA similarly will administer and the end of the comment period, may not opportunity to comment on these supervise the Swiss-U.S. Privacy Shield be considered. All comments received revised fees. ITA will then review all Framework. ITA will accept self- are a part of the public record and will comments and reassess the Privacy certification submissions for the Swiss- generally be posted to http:// Shield fees after August 1, 2017, a full U.S. Privacy Shield beginning on April www.regulations.gov without change. year from initial implementation of 12, 2017. Consistent with the Paperwork All Personal Identifying Information (for Privacy Shield, as originally discussed Reduction Act, ITA published proposed example, name, address, etc.) in the Cost Recovery Fee Schedule for information collections as described in voluntarily submitted by the commenter the EU–U.S. Privacy Shield Framework, the EU–U.S. and Swiss–U.S. Privacy may be publicly accessible. Do not published September 30, 2016. The Shield Frameworks for public notice submit Confidential Business review will recur at least every two and comment (81 FR 78775 and 82 FR Information or otherwise sensitive or years thereafter, in accordance with 7796; and 82 FR 6492, respectively). protected information. ITA will accept OMB Circular A–25. U.S. organizations considering self- anonymous comments (enter ‘‘N/A’’ in Consistent with the guidelines in certifying to the Privacy Shield should the required fields if you wish to remain OMB Circular A–25, federal agencies are review the Privacy Shield Frameworks. anonymous). Attachments to electronic responsible for implementing cost In summary, to enter either the EU or comments will be accepted in Microsoft recovery program fees. The role of ITA Swiss–U.S. Privacy Shield Framework, Word, Excel, or Adobe PDF file formats is to strengthen the competitiveness of an organization must (a) be subject to only. Supporting documents and any U.S. industry, promote trade and the investigatory and enforcement comments we receive on this docket investment, and ensure fair trade powers of the Federal Trade may be viewed at http:// through the rigorous enforcement of our Commission (FTC) or the Department of www.regulations.gov/ ITA–2017–0001. trade laws and agreements. ITA works Transportation; (b) publicly declare its More information regarding the to promote privacy policy frameworks commitment to comply with the Privacy Privacy Shield can be found at https:// to facilitate the flow of data across Shield Framework Principles through www.privacyshield.gov/Program- borders and support international trade. self-certification to the DOC; (c) publicly Overview. The United States, the European disclose its privacy policies in line with Union (EU), and Switzerland share the the Privacy Shield Framework FOR FURTHER INFORMATION CONTACT: goal of enhancing privacy protection but Principles; and (d) fully implement Requests for additional information take different approaches to protecting them. regarding the EU–U.S. and Swiss-U.S. personal data. Given those differences, Self-certification to the DOC is Privacy Shield Frameworks should be the Department of Commerce (DOC) voluntary. However, an organization’s directed to Joshua Blume, Department of developed the Privacy Shield failure to comply with the Privacy Commerce, International Trade Frameworks in consultation with the Shield Framework Principles after its Administration, Room 11022, 1401 European Commission, the Swiss self-certification is enforceable under Constitution Avenue NW., Washington, Government, and with industry and Section 5 of the Federal Trade DC, tel. 202–482–0988 or 202–482–1512 other stakeholders, to provide Commission Act prohibiting unfair and or via email at privacyshield@trade.gov. organizations in the United States with deceptive acts in or affecting commerce Additional information on ITA fees is a reliable mechanism for personal data (15 U.S.C. 45(a)) or other laws or available at trade.gov/fees. transfers to the United States from the regulations prohibiting such acts. SUPPLEMENTARY INFORMATION: European Union and Switzerland while ITA implemented a cost recovery ensuring the data is protected in a program to support the operation of the Background: manner consistent with EU and Swiss EU–U.S. Privacy Shield and is revising In the revised fee structure, there will law. that fee schedule to additionally support be one annual fee applied to U.S. As referenced in the Cost Recovery the operation of the Swiss–U.S. Privacy organizations to participate in either the Fee Schedule for the EU–U.S. Privacy Shield. The fee a given organization will Swiss–U.S. or EU–U.S. Privacy Shield Shield Framework, published be charged will be based on the Frameworks. Should a U.S. organization September 30, 2016 (81 FR 67293), the organization’s annual revenue. A opt to self-certify for both programs, European Commission approved the separate fee will be applied annually to they will be provided a reduced rate for EU–U.S. Privacy Shield Framework on organizations that withdraw from the the second Framework and be required July 12, 2016. More recently, on January Privacy Shield and continue to maintain to synchronize their recertifications to 12, 2017, the Swiss government data received while they participated in asabaliauskas on DSK3SPTVN1PROD with NOTICES both Frameworks to maximize approved the Swiss–U.S. Privacy Shield the Privacy Shield. The cost recovery efficiency. Additionally, a fee will be Framework, which is based on the EU– program will support the administration applied annually to organizations that U.S. Privacy Shield. The published and supervision of the Privacy Shield withdraw from the Privacy Shield and Privacy Shield is available at https:// program and support the provision of continue to maintain data received www.privacyshield.gov/. The DOC has Privacy Shield-related services, while they participated in the Privacy issued the Privacy Shield Framework including education and outreach. Shield. The cost recovery program will Principles under its statutory authority The Cost Recovery Fee Schedule for support the administration and to foster, promote, and develop the EU–U.S. Privacy Shield Framework, VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1

Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices 16377 published September 30, 2016 (81 FR be required to pay for recertification. withdrawal from Privacy Shield. The 67293), describes the fees implemented These fees are set forth below: Privacy Shield includes commitments by ITA to cover the administration and from ITA to: supervision of the EU–U.S. Privacy REVISED ANNUAL FEE SCHEDULE FOR • Maintain, upgrade, and update a Shield Framework. Under this revision THE EU–U.S. AND SWISS–U.S. PRI- Privacy Shield Web site; to the fee structure, organizations that VACY SHIELD FRAMEWORKS • verify self-certification join only one Privacy Shield requirements submitted by Framework, whether EU or Swiss, will Organization’s annual Single Both organizations to participate in the frame- Privacy Shield; pay the same single fee when initially revenue framework works self-certifying or re-certifying. • expand efforts to follow up with Organizations that join both $0 to $5 million ................ $250 $375 organizations that have been removed Frameworks will pay an additional 50 Over $5 million to $25 from the Privacy Shield List and ensure, million ........................... 650 975 percent of that single fee when self- Over $25 million to $500 where applicable, that questionnaires certifying or re-certifying for the second million ........................... 1,000 1,500 are correctly filed and processed; Framework, reflecting the efficiency Over $500 million to $5 • search for and address false claims savings in administering the Program for billion ............................ 2,500 3,750 of participation; organizations that participate in both Over $5 billion ................. 3,250 4,875 • conduct periodic compliance Frameworks. reviews and assessments of the program; Annual Fee for Retaining Data after • provide information regarding the These efficiency savings are Withdrawal: $200. program to targeted audiences; maximized if organizations self-certify to both Frameworks simultaneously, Organizations will have additional • increase cooperation with EU and direct costs associated with Swiss data protection authorities; reducing the required staff time and resources for reviewing materials. participating in the Privacy Shield. For • facilitate resolution of complaints Accordingly, organizations that join example, Privacy Shield organizations about non-compliance; both Frameworks will be required to must provide a readily available • hold annual meetings with the synchronize recertification between the independent recourse mechanism to European Commission, Swiss EU–U.S. and Swiss–U.S. Privacy Shield hear individual complaints at no cost to government, and other authorities to Frameworks by renewing their the individual. Furthermore, review the program; and certifications to both Frameworks organizations will be required to pay • provide an update of laws relevant simultaneously. contributions in connection with the to Privacy Shield. In addition, in order to allow arbitral model, as described in Annex I In setting these revised Privacy Shield organizations to set their own annual to the Principles. fees, ITA determined that the services schedules, organizations that participate provided offer special benefits to an Method for Determining Fees in one or both Frameworks may adjust identifiable recipient beyond those that their annual recertification date by re- ITA collects, retains, and expends accrue to the general public. ITA certifying early to one or both user fees pursuant to delegated calculated the actual cost of providing Frameworks. authority under the Mutual Educational its services in order to provide a basis For example, organizations that and Cultural Exchange Act as for setting each fee. This actual cost already have joined the EU Framework authorized in its annual appropriations incorporates direct and indirect costs, and wish to join the Swiss Framework acts. The Privacy Shield was developed including operations and maintenance, as well will have three options for to provide organizations in the United overhead, and charges for the use of timing the synchronized recertification. States with a reliable mechanism for capital facilities. ITA also took into Such organizations may (a) self-certify personal data transfers that underpin account additional factors, including to the Swiss Framework before the EU the trade and investment relationships adequacy of cost recovery, affordability, renewal comes due and re-certify early between the United States and (1) the and costs associated with alternative to the EU Framework at the same time; EU, and (2) Switzerland. As one of only options available to U.S. organizations (b) wait until their certification to the several valid data transfer mechanisms, for the receipt of personal data from the EU Framework is up for renewal and Privacy Shield operates in a way that EU and Switzerland. Furthermore, ITA self-certify to the Swiss Framework at provides strong consumer protection as considered the cost-savings and the same time as they renew their well as a more effective and efficient efficiencies gained in staff hours certification to the EU Framework; or (c) service to corporations at a lower cost through simultaneous review of self- self-certify to the Swiss Framework than other options, including standard certifications for both the Swiss–U.S. separately (without waiting for their contractual clauses or binding corporate and EU–U.S. Privacy Shield recertification to the EU Framework to rules. Frameworks. This analysis balanced come due), and then re-certify to both Fees are set taking into account the these cost savings with projected Frameworks when their recertification operational costs borne by ITA to expenses, including, but not limited to, to the EU Framework comes due. administer and supervise the Privacy Web site development, further Finally, a fixed annual fee of $200 Shield program. As described in the negotiations with the EU and will be charged for organizations that Cost Recovery Fee Schedule for the EU– Switzerland, an annual review, withdraw from the Privacy Shield and U.S. Privacy Shield Framework, certification review, and facilitating maintain data received under Privacy published September 30, 2016 (81 FR complaint resolutions. asabaliauskas on DSK3SPTVN1PROD with NOTICES Shield. This fee has been set to cover 267293), the Privacy Shield program ITA will continue to use the staff costs for reviewing the requires a significant commitment of established five-tiered fee schedule (81 questionnaires of organizations resources and staff. These costs include FR 267293) that has promoted withdrawing from the program, as well broad programmatic costs to run the participation of small organizations in as the necessary Web site infrastructure Privacy Shield as well as costs specific Privacy Shield, while implementing a to facilitate submission of the proper to each of the Privacy Shield reduced rate for organizations self- documents. Additionally, this fee is set Frameworks and to the program that certifying to both the Swiss–U.S. and to be less than any organization would allows Participants to retain data after EU–U.S. Privacy Shield Frameworks. A VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1

16378 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices multiple-tiered fee schedule allows ITA process this annual affirmation will be DATES: Effective April 4, 2017. to offer organizations with lower similar for all companies, regardless of FOR FURTHER INFORMATION CONTACT: revenue a lower fee. In setting the five size. Andrew Medley or David Crespo, AD/ tiers, ITA considered, in conjunction CVD Operations, Office II, Enforcement Conclusion with the factors mentioned above: (1) and Compliance, International Trade The Small Business Administration’s Based on the information provided Administration, U.S. Department of guidance on identifying small and above, ITA believes that the revised Commerce, 1401 Constitution Avenue medium enterprises (SMEs) in various Privacy Shield cost recovery fees are NW., Washington, DC 20230; telephone: industries most likely to participate in consistent with the objective of OMB (202) 482–4987 and (202) 482–3693, the Privacy Shield, such as computer Circular A–25 to ‘‘promote efficient respectively. services, software and information allocation of the nation’s resources by services; (2) the likelihood that small establishing charges for special benefits SUPPLEMENTARY INFORMATION: companies would be expected to receive provided to the recipient that are at least Background less personal data and thereby use fewer as great as the cost to the U.S. government resources; and (3) the Government of providing the special On November 14, 2016, the likelihood that companies with higher benefits . . .’’ OMB Circular A–25(5)(b). Department published the Preliminary revenue would have more customers ITA is providing the public with the Determination of sales at LTFV of CTL whose data they process, which would opportunity to comment on the fee plate from Belgium.1 A summary of the use more government resources schedule, and it will consider these events that occurred since the dedicated to administering and comments when it next reassesses the Department published the Preliminary overseeing Privacy Shield. For example, fee schedule. As noted in the Cost Determination, as well as a full if a company holds more data it could Recovery Fee Schedule for the EU–U.S. discussion of the issues raised by parties reasonably produce more questions and Privacy Shield Framework, published for this final determination, may be complaints from consumers and EU and September 30, 2016 (81 FR 267293), ITA found in the Issues and Decision Swiss Data Protection Authorities will conduct its next fee reassessment Memorandum, which is hereby adopted (DPAs). ITA has committed to after August 1, 2017, at the conclusion by this notice.2 facilitating the resolution of individual of the first year of implementation of the Scope of the Investigation complaints and to communicating with Privacy Shield. ITA will continue to the FTC and the DPAs regarding conduct reassessments thereafter at least The scope of the investigation covers consumer complaints. Lastly, the fee every two years, in accordance with CTL plate from Belgium. For a complete increases between the tiers are based in OMB Circular A–25. description of the scope of the part on projected program costs and investigation, see Appendix I. Dated: March 28, 2017. estimated participation levels among Alysha Taylor, Analysis of Comments Received companies within each tier. Acting Deputy Assistant Secretary for As noted above, the revised fee All issues raised in the case and Services, Industry & Analysis, International rebuttal briefs by parties in this schedule recoups the costs to ITA for Trade Administration, U.S. Department of operating and maintaining Privacy investigation are addressed in the Issues Commerce. Shield. Organizations seeking to join the and Decision Memorandum. A list of [FR Doc. 2017–06437 Filed 4–3–17; 8:45 am] Swiss–U.S. Privacy Shield Framework the issues raised is attached to this BILLING CODE 3510–DR–P may do so beginning on April 12, 2017, notice as Appendix II. The Issues and through Privacyshield.gov. ITA has Decision Memorandum is a public taken into account efficiencies and document and is on file electronically DEPARTMENT OF COMMERCE economies of scale experienced when via Enforcement and Compliance’s organizations participate in both International Trade Administration Antidumping and Countervailing Duty Frameworks by providing a 50 percent Centralized Electronic Service System [A–423–812] (ACCESS). ACCESS is available to discount off the second Framework and requiring organizations to synchronize registered users at https:// Certain Carbon and Alloy Steel Cut-To- their recertifications. The added cost of access.trade.gov, and it is available to Length Plate From Belgium: Final joining a second Framework reflects the all parties in the Central Records Unit, Determination of Sales at Less Than additional expenses incurred, including, room B–8024 of the main Department of Fair Value and Final Determination of but not limited to, for communications Commerce building. In addition, a Critical Circumstances, in Part with DPAs and Web site infrastructure complete version of the Issues and and development, as well as the AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed additional costs of cooperating and International Trade Administration, directly at http://enforcement.trade.gov/ communicating separately with the EU Department of Commerce. frn/index.html. The signed and and Swiss representatives and SUMMARY: The Department of Commerce electronic versions of the Issues and governments. (the Department) determines that certain Decision Memorandum are identical in The fee applied to organizations that carbon and alloy steel cut-to-length content. withdraw from Privacy Shield but plate (CTL plate) from Belgium is being, maintain data is meant to cover the or is likely to be, sold in the United 1 See Certain Carbon and Alloy Steel Cut-To- programmatic costs associated with States at less than fair value (LTFV). In Length Plate from Belgium: Preliminary asabaliauskas on DSK3SPTVN1PROD with NOTICES addition, we determine that critical Determination of Sales at Less Than Fair Value and ITA’s processing of such organizations’ Postponement of Final Determination, 81 FR 79431 annual affirmation of commitment to circumstances exist with respect to (November 14, 2016) (Preliminary Determination). continue to apply the Privacy Shield imports of the subject merchandise. The 2 See Memorandum, ‘‘Issues and Decision Framework Principles to the personal period of investigation (POI) is April 1, Memorandum for the Final Affirmative information they received while 2015, through March 31, 2016. The final Determination in the Less-Than-Fair-Value Investigation of Certain Carbon and Alloy Steel Cut- participating in the Privacy Shield. The dumping margins of sales at LTFV are to-Length Plate from Belgium,’’ dated concurrently flat fee is based on the expectation that listed below in the ‘‘Final with, and hereby adopted by, this notice (Issues and government resources required to Determination’’ section of this notice. Decision Memorandum). VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1


Document Created: 2017-04-03 23:54:02
Document Modified: 2017-04-03 23:54:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of amendment to the Privacy Shield cost recovery program fees, with request for comments.
DatesThese fees are effective April 12, 2017. Comments must be received by May 4, 2017.
ContactRequests for additional information regarding the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks should be directed to Joshua Blume, Department of Commerce, International Trade Administration, Room 11022, 1401 Constitution Avenue NW., Washington, DC, tel. 202-482-0988 or 202-482-1512 or via email at [email protected] Additional information on ITA fees is available at trade.gov/fees.
FR Citation82 FR 16375 
RIN Number0625-XC02
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