83 FR 60393 - Procedures for Participating in User Testing of the New Commerce 232 Exclusion Process Portal
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 227 (November 26, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 227 (November 26, 2018)
| Page Range | 60393-60395 | |
| FR Document | 2018-25680 |
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)] [Notices] [Pages 60393-60395] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25680] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security Procedures for Participating in User Testing of the New Commerce 232 Exclusion Process Portal AGENCY: Bureau of Industry and Security, Office of Technology Evaluation, U.S. Department of Commerce. ACTION: Notice on procedures for requesting participation in user testing phase. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce has developed an online portal that will replace the use of the Federal rulemaking portal (http://www.regulations.gov) for persons submitting exclusion requests, objections to exclusion requests, rebuttals, and surrebuttals in connection with duties or quotas imposed pursuant to Section 232 of the Trade Expansion Act of 1962, as amended (``232''). In order to improve the 232 exclusion process, the Department of Commerce plans to transition to the new Commerce 232 portal sometime in late 2018 to early 2019. This notice describes the process for the public to submit requests to participate in the public testing phase of the new Commerce 232 portal, and the procedures for attending the public testing. DATES: The public testing will be held on December 6 and 7, 2018 at the U.S. Department of Commerce, Room 6872A, 1401 Constitution Avenue NW, Washington, DC 20230. Each public testing day will be broken into a morning session from 9 a.m. to 12 p.m. and an afternoon session from 1 p.m. to 4 p.m. FOR FURTHER INFORMATION CONTACT: Kevin Coyne, System & Application Support Division, Bureau of Industry and Security, U.S. Department of Commerce, [email protected]. For more information about the section 232 program, including the regulations and the text of previous investigations, see www.bis.doc.gov/232. For questions regarding the December 6 and 7 public testing, please contact [email protected], (202) 482-5642, or (202) 482- 4757. SUPPLEMENTARY INFORMATION: Background Two components of the Department of Commerce, the Bureau of Industry and Security (BIS) and the International Trade Administration (ITA), have developed a new Commerce 232 portal to facilitate parties' ability to make 232 exclusion-related submissions, and the Department of Commerce's management of the 232 exclusion process. The new Commerce 232 portal will replace the use of the Federal rulemaking portal (http://www.regulations.gov) for parties submitting exclusion requests, objections to exclusions requests, rebuttals, and surrebuttals under the 232 exclusion process. The new portal will streamline the exclusion process for external parties, including importers and domestic manufacturers, by replacing the data collection point with web-based forms, which will enhance data integrity and quality controls. In addition, this new system will allow parties to more easily view all exclusion [[Page 60394]] request, objection, rebuttal, and surrebuttal documents in one, web- based system. Finally, parties will be able to track submission deadlines in this same system. The new portal will also allow for better collaboration between government agencies processing 232 exclusion requests. The Department of Commerce plans to transition to the new Commerce 232 portal sometime in late 2018 to early 2019, once testing is completed and any final updates are made. This notice describes the process for the public to submit requests to participate in the public testing phase of the new Commerce 232 portal, and the procedures for attending the public testing. Once the Commerce 232 portal is ready to be implemented, the Department of Commerce will publish a rule making changes to the 232 exclusion process in Supplements No. 1 (for steel exclusion requests) and 2 (for aluminum exclusion requests) to Part 705. The public will have an opportunity to submit comments on the new portal once the rule is published. As much as possible, the Department of Commerce seeks input from the public on the new Commerce 232 portal prior to it going live, and believes allowing parties that will use the new portal to test it and provide feedback to the development team prior to implementation will be beneficial to both the Department and the public users of the system. Location for public testing. The public testing will occur in Washington, DC. See the ADDRESSES section for the physical address. There will be no remote testing available, so parties who wish to participate must attend the public testing in person. Dates and times. The public testing will occur on December 6 and 7, 2018. Each public testing day will be broken into a morning session from 9:00 a.m. to 12:00 p.m. and an afternoon session from 1:00 p.m. to 4:00 p.m. Each party will be allowed to test the system for one hour and testing during each window will be limited to three parties at a time. For example, during the 10:00 a.m.-11:00 a.m. window, up to three parties can test the system at the same time. Facilities and items to bring. The public testing will be done on government provided computers. Parties selected to participate are encouraged to bring examples of past exclusions, objections to exclusions, rebuttals, or surrebuttals they may have submitted or intend to submit in the near future to use in the testing environment. However, this is not required in order to participate in the public testing. Foreign persons are not eligible to participate in the testing. People selected to participate in the testing of the Commerce 232 portal will be limited to citizens of the United States, lawful permanent residents of the United States, or any other protected individuals as defined by 8 U.S.C. 1324b(a)(3). Costs to participate. There is no fee to participate in the public testing and participants will not be compensated for their time. In addition, participants will be responsible for all travel-related costs to attend the public testing. Limit on number of participants. The public testing will be limited to thirty-six people because of the size limitations of the testing room and to provide sufficient opportunities for the development team to interact with those testing the Commerce 232 portal and providing feedback. Organizations may request more than one person from their organization to attend the public testing, but such requests will only be accommodated if there is space available. Procedures To Request Participation in the Public Testing Email requesting approval. Parties who wish to attend the public testing must send an email to [email protected] to request approval to participate. Anyone wishing to attend this public testing must submit the email request no later than 5:00 p.m. (EST), November 29, 2018. The subject line of the email should be ``Request to attend public testing of Commerce 232 portal.'' Information to include in email request: The following information must be included in the text of the email: (1) Full name of the person that wishes to attend the public testing and a telephone number and email for this person; (2) name of the person's organization, or state ``individual'' if not affiliated with an organization; (3) if applicable, identify the number of employees in the organization and the type of organization, e.g., manufacturer or distributor; (4) indicate whether the organization or individual has submitted any exclusions, objections to exclusions, rebuttals, or surrebuttals either for their own organization or on behalf of another organization; (5) if applicable, provide an estimate for the number of each type of 232 submission, including specifying whether the submissions were for steel and/or aluminum, (6) if applicable, identify any special accommodations that may be needed (see below under Special Accommodations); and (7) identify any other factors that you believe make you a good candidate to participate in the public testing of the Commerce 232 portal. Selection Process The Department of Commerce will accommodate as many parties as possible, space permitting. If thirty-six or fewer people submit requests to participate, the Department will likely approve all requesters, unless there is some reason why a requester may not be suitable. If more than thirty-six people request to participate, the Department will put greater weight on those that have submitted 232 submissions and will seek to have as representative a sample of public testers as possible (e.g., small and mid-size enterprises, as well as large organizations, and those from the steel and aluminum industries). If there are two equally situated individuals or organizations, the Department will generally use the date of the request to determine the organization or individual to be approved, favoring the requester whose request was submitted earlier. Each person selected to participate in the public testing will be notified by the Department of Commerce no later than 5:00 p.m. Eastern Standard Time on Friday, November 30, 2018. Procedures for Attending the Public Testing Visitor Access Requirement: For participants attending the training, please note that federal agencies can only accept a state- issued driver's license or identification card for access to federal facilities if such license or identification card is issued by a state that is compliant with the REAL ID Act of 2005 (Pub. L. 109-13), or by a state that has an extension for REAL ID compliance. The main entrance of the Department of Commerce is on 14th Street, NW between Pennsylvania Avenue and Constitution Avenue, across from the Ronald Reagan Building. Upon entering the building, please go through security and check in at the guard's desk. BIS and ITA staff will meet and escort visitors to the public testing room. Admittance to the room for the public testing will be available beginning at 8:30 a.m. (EST) on December 6 and 7, 2018 and the public testing will start promptly at 9:00 a.m. (EST) on December 6 and 7, 2018. Acknowledgement for Participation in Testing Environment: Because the individuals and organizations selected to participate in the public testing of the Commerce 232 portal will be participating in a testing environment, [[Page 60395]] all selected participants on the first day of the testing will be required to acknowledge that their suggestions and comments may not be incorporated into the final version for technical or other reasons. Special Accommodations This public testing is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be received by the Department of Commerce no later than November 29, 2018 and should be included in the email requesting participation in the public testing referenced above. Dated: November 20, 2018. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2018-25680 Filed 11-23-18; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices 60393
will convene by conference call at 12 Commission’s website, www.usccr.gov, replace the use of the Federal
p.m. (EST) on: Friday, December 14, or to contact the Midwest Regional rulemaking portal (http://
2018. The purpose of the meeting is to Office at the above phone numbers, www.regulations.gov) for persons
discuss topics of study. email or street address. submitting exclusion requests,
DATES: Friday, December 14, 2018 at 12 objections to exclusion requests,
Agenda
p.m. EST. rebuttals, and surrebuttals in connection
PUBLIC CALL-IN INFORMATION: Conference Friday, December 14, 2018 with duties or quotas imposed pursuant
call-in number: 1–877–260–1479 and • Open—Roll Call to Section 232 of the Trade Expansion
conference ID# 5953601. • Discussion of Study Topics Act of 1962, as amended (‘‘232’’). In
FOR FURTHER INFORMATION CONTACT: • Open Comment order to improve the 232 exclusion
David Barreras, at dbarreras@usccr.gov • Adjourn process, the Department of Commerce
or by phone at 312–353–8311. plans to transition to the new Commerce
Dated: November 20, 2018.
SUPPLEMENTARY INFORMATION: Interested
232 portal sometime in late 2018 to
David Mussatt, early 2019. This notice describes the
members of the public may listen to the Supervisory Chief, Regional Programs Unit.
discussion by calling the following toll- process for the public to submit requests
free conference call-in number: 1–877–
[FR Doc. 2018–25644 Filed 11–23–18; 8:45 am] to participate in the public testing phase
260–1479 and conference ID# 5953601.
BILLING CODE P of the new Commerce 232 portal, and
Please be advised that before placing the procedures for attending the public
them into the conference call, the testing.
COMMISSION ON CIVIL RIGHTS DATES: The public testing will be held
conference call operator will ask callers
to provide their names, their on December 6 and 7, 2018 at the U.S.
Correction: Notice of Public Meeting of
organizational affiliations (if any), and Department of Commerce, Room 6872A,
the Connecticut Advisory Committee
email addresses (so that callers may be 1401 Constitution Avenue NW,
notified of future meetings). Callers can AGENCY: U.S. Commission on Civil Washington, DC 20230. Each public
expect to incur charges for calls they Rights. testing day will be broken into a
initiate over wireless lines, and the ACTION: Correction: Announcement of morning session from 9 a.m. to 12 p.m.
Commission will not refund any meeting. and an afternoon session from 1 p.m. to
incurred charges. Callers will incur no 4 p.m.
charge for calls they initiate over land- SUMMARY: The Commission on Civil FOR FURTHER INFORMATION CONTACT:
line connections to the toll-free Rights published a document November Kevin Coyne, System & Application
conference call-in number. 20, 2018, announcing an upcoming Support Division, Bureau of Industry
Persons with hearing impairments Connecticut Advisory Committee and Security, U.S. Department of
may also follow the discussion by first meeting. The document contained an Commerce, kevin.coyne@bis.doc.gov.
calling the Federal Relay Service at 1– incorrect date of the meeting. For more information about the section
800–977–8339 and providing the FOR FURTHER INFORMATION CONTACT: 232 program, including the regulations
operator with the toll-free conference Barbara de La Viez, DFO, at ero@ and the text of previous investigations,
call-in number: 1–877–260–1479 and usccr.gov or 202–376–7533. see www.bis.doc.gov/232.
conference ID# 5953601. CORRECTION: In the Federal Register of For questions regarding the December
Members of the public are invited to November 20, 2018, in FR Doc. 2018– 6 and 7 public testing, please contact
make statements during the open 25258, on page 58527 in the second Commerce232portal@bis.doc.gov, (202)
comment period of the meetings or columns, delete ‘‘December 7, 2018’’ in 482–5642, or (202) 482–4757.
submit written comments. The the DATES Replace the date of the SUPPLEMENTARY INFORMATION:
comments must be received in the meeting to read December 12, 2018.
regional office approximately 30 days Background
Dated: November 20, 2018.
after each scheduled meeting. Written Two components of the Department of
David Mussatt,
comments may be mailed to the Commerce, the Bureau of Industry and
Supervisory Chief, Regional Programs Unit. Security (BIS) and the International
Midwest Regional Office, U.S.
Commission on Civil Rights, 230 S. [FR Doc. 2018–25651 Filed 11–23–18; 8:45 am] Trade Administration (ITA), have
Dearborn Street, Suite 2120, Chicago, IL BILLING CODE P developed a new Commerce 232 portal
60604, faxed to (312) 353–8324, or to facilitate parties’ ability to make 232
emailed to David Barreras at dbarreras@ exclusion-related submissions, and the
usccr.gov. Persons who desire DEPARTMENT OF COMMERCE Department of Commerce’s management
additional information may contact the of the 232 exclusion process. The new
Midwest Regional Office at (312) 353– Bureau of Industry and Security Commerce 232 portal will replace the
8311. use of the Federal rulemaking portal
Records and documents discussed Procedures for Participating in User (http://www.regulations.gov) for parties
during the meeting will be available for Testing of the New Commerce 232 submitting exclusion requests,
public viewing as they become available Exclusion Process Portal objections to exclusions requests,
at https://database.faca.gov/committee/ AGENCY: Bureau of Industry and rebuttals, and surrebuttals under the 232
meetings.aspx?cid=265; click the Security, Office of Technology exclusion process. The new portal will
‘‘Meeting Details’’ and ‘‘Documents’’ Evaluation, U.S. Department of streamline the exclusion process for
links. Records generated from this Commerce. external parties, including importers
meeting may also be inspected and ACTION: Notice on procedures for and domestic manufacturers, by
reproduced at the Eastern Regional requesting participation in user testing replacing the data collection point with
Office, as they become available, both phase. web-based forms, which will enhance
before and after the meetings. Persons data integrity and quality controls. In
interested in the work of this advisory SUMMARY: The Department of Commerce addition, this new system will allow
committee are advised to go to the has developed an online portal that will parties to more easily view all exclusion
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![Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices 60395
all selected participants on the first day of Industry and Security (‘‘BIS’’).1 Accordingly, it is hereby ORDERED:
of the testing will be required to Section 766.25 of the Regulations First, from the date of this Order until
acknowledge that their suggestions and provides, in pertinent part, that the September 19, 2027, Gregory Allen
comments may not be incorporated into ‘‘Director of [BIS’s] Office of Exporter Justice, with a last known address of
the final version for technical or other Services, in consultation with the Inmate Number: 73792–112, FCI
reasons. Director of [BIS’s] Office of Export Safford, P.O. Box 9000, Safford, AZ
Enforcement, may deny the export 85548, and when acting for or on his
Special Accommodations privileges of any person who has been behalf, his successors, assigns,
This public testing is physically convicted of a violation of . . . section employees, agents or representatives
accessible to people with disabilities. 38 of the Arms Export Control Act (22 (‘‘the Denied Person’’), may not, directly
Requests for sign language U.S.C. 2778).’’ 15 CFR 766.25(a). The or indirectly, participate in any way in
interpretation or other auxiliary aids denial of export privileges under this any transaction involving any
should be received by the Department of provision may be for a period of up to commodity, software or technology
Commerce no later than November 29, 10 years from the date of the conviction. (hereinafter collectively referred to as
2018 and should be included in the 15 CFR 766.25(d).1 In addition, ‘‘item’’) exported or to be exported from
email requesting participation in the pursuant to Section 750.8 of the the United States that is subject to the
public testing referenced above. Regulations, BIS’s Office of Exporter Regulations, including, but not limited
Services may revoke any BIS-issued to:
Dated: November 20, 2018. licenses in which the person had an A. Applying for, obtaining, or using
Matthew S. Borman, interest at the time of his/her any license, license exception, or export
Deputy Assistant Secretary for Export conviction.2 control document;
Administration. BIS has received notice of Justice’s B. Carrying on negotiations
[FR Doc. 2018–25680 Filed 11–23–18; 8:45 am] conviction for violating Section 38 of concerning, or ordering, buying,
BILLING CODE 3510–33–P the AECA, and has provided notice and receiving, using, selling, delivering,
an opportunity for Justice to make a storing, disposing of, forwarding,
written submission to BIS, as provided transporting, financing, or otherwise
DEPARTMENT OF COMMERCE in Section 766.25 of the Regulations. servicing in any way, any transaction
BIS has not received a submission from involving any item exported or to be
Bureau of Industry and Security Justice. exported from the United States that is
Based upon my review and subject to the Regulations, or engaging
Order Denying Export Privileges consultations with BIS’s Office of in any other activity subject to the
Export Enforcement, including its Regulations; or
In the Matter of: Gregory Allen Justice,
Director, and the facts available to BIS, C. Benefitting in any way from any
Inmate Number: 73792–112, FCI Safford, P.O.
Box 9000, Safford, AZ 85548.
I have decided to deny Justice’s export transaction involving any item exported
privileges under the Regulations for a or to be exported from the United States
On September 19, 2017, in the U.S. period of 10 years from the date of that is subject to the Regulations, or
District Court for the Central District of Justice’s conviction. I have also decided from any other activity subject to the
California, Gregory Allen Justice to revoke all BIS-issued licenses in Regulations.
(‘‘Justice’’) was convicted of violating which Justice had an interest at the time Second, no person may, directly or
Section 38 of the Arms Export Control of his conviction. indirectly, do any of the following:
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’), A. Export or reexport to or on behalf
among other crimes. Justice was
1 The Regulations are currently codified in the
of the Denied Person any item subject to
Code of Federal Regulations at 15 CFR parts 730– the Regulations;
convicted of violating Section 38 of the 774 (2018). The Regulations originally issued under
AECA by knowingly and willfully the Export Administration Act of 1979, as amended, B. Take any action that facilitates the
attempting to export, cause others to 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), acquisition or attempted acquisition by
export, and aid and abet the export to which lapsed on August 21, 2001. The President, the Denied Person of the ownership,
through Executive Order 13,222 of August 17, 2001 possession, or control of any item
Russia, for the intended benefit of the (3 CFR, 2001 Comp. 783 (2002)), which has been
Russian Government, of defense articles extended by successive Presidential Notices, the subject to the Regulations that has been
designated on the United States most recent being that of August 8, 2018 (83 FR or will be exported from the United
39,871 (Aug. 13, 2018)), continued the Regulations States, including financing or other
Munitions List (‘‘USML’’), without the in full force and effect under the International
required U.S. Department of State Emergency Economic Powers Act, 50 U.S.C. 1701, support activities related to a
licenses. Justice, an engineer who et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the transaction whereby the Denied Person
worked for a defense contractor, President signed into law the John S. McCain acquires or attempts to acquire such
National Defense Authorization Act for Fiscal Year ownership, possession or control;
knowingly and willfully sold and 2019, which includes the Export Control Reform
provided USML-controlled technical Act of 2018, Title XVII, Subtitle B of Pub. L. No. C. Take any action to acquire from or
data relating to U.S. military satellite 115–232, 132 Stat. 2208 (‘‘ECRA’’). While Section to facilitate the acquisition or attempted
programs to a person he believed to be
1766 of ECRA repeals the provisions of the EAA acquisition from the Denied Person of
(except for three sections which are inapplicable any item subject to the Regulations that
an agent of a Russian intelligence here), Section 1768 of ECRA provides, in pertinent
service, but who was in fact an part, that all rules and regulations that were made has been exported from the United
undercover Federal Bureau of or issued under the EAA, including as continued States;
Investigation employee. Justice was
in effect pursuant to IEEPA, and were in effect as D. Obtain from the Denied Person in
of ECRA’s date of enactment (August 13, 2018),
sentenced to 60 months in prison, three shall continue in effect until modified, superseded,
the United States any item subject to the
years of supervised release, and a $200 set aside, or revoked through action undertaken Regulations with knowledge or reason
special assessment. pursuant to the authority provided under ECRA. to know that the item will be, or is
1 See also Section 11(h) of the EAA, 50 U.S.C.
intended to be, exported from the
The Export Administration 4610(h) (Supp. III 2015); Sections 1760(e) and 1768 United States; or
Regulations (‘‘EAR’’ or ‘‘Regulations’’) of ECRA, Title XVII, Subtitle B of Pub. L. No. 115–
232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018); E. Engage in any transaction to service
are administered and enforced by the and note 1, supra. any item subject to the Regulations that
U.S. Department of Commerce’s Bureau 2 See note 2, supra. has been or will be exported from the
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Document Created: 2018-11-24 00:51:59
Document Modified: 2018-11-24 00:51:59
| 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 | Notices | |
| Action | Notice on procedures for requesting participation in user testing phase. | |
| Dates | The public testing will be held on December 6 and 7, 2018 at the U.S. Department of Commerce, Room 6872A, 1401 Constitution Avenue NW, Washington, DC 20230. Each public testing day will be broken into a morning session from 9 a.m. to 12 p.m. and an afternoon session from 1 p.m. to 4 p.m. | |
| Contact | Kevin Coyne, System & Application Support Division, Bureau of Industry and Security, U.S. Department of Commerce, [email protected] For more information about the section 232 program, including the regulations and the text of previous investigations, see www.bis.doc.gov/232. | |
| FR Citation | 83 FR 60393 |
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