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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
and protective order requirements and procedures that have been replaced by electronic requirements and procedures.13 Certain of these procedures have already been adopted by the United States, Mexico, and Canada under the Article 10.12
Binational Panel Rules; are already known to parties; or are otherwise necessary to remove outdated and burdensome requirements.14 Further, the amendments allowing for electronic notification of class or kind of merchandise determinations, in lieu of in-person notification, are necessary and appropriate in light of COVID19.15
Lastly, the fourth set of amendments reflect updated office locations and internal organization and correct nomenclature or punctuation.16 In light of the above, prior notice and opportunity for comment is unnecessary. However, Commerce would like to know the publics view on these revisions and is therefore soliciting comments on the Interim Final Rule and will consider all comments received before issuing a final rule.
In addition, the APA 5 U.S.C.
553d3 provides that a 30-day delayed effective date may be waived if the agency finds good cause to waive such a requirement. For the same reasons as explained above, and because this rule does not impose affirmative requirements on any entity, a delayed effective date is unnecessary.
Executive Order 12866
OMB has not found this rule to be a significant rulemaking under Executive Order 12866.
Executive Order 13132
This proposed rule does not contain policies with federalism implications as that term is defined in section 1a of Executive Order 13132, dated August 4, 1999 64 FR 43255 August 10, 1999.
Paperwork Reduction Act This rule does not contain a collection of information subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35
PRA.
Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq., as amended, requires
an agency to prepare and make available to the public a regulatory flexibility analysis that describes whether a rule will have a significant effect on a substantial number of small entities when the agency is required to publish a general notice of proposed rulemaking. Because a notice of proposed rulemaking is not necessary for this rule, Commerce is not required to prepare a regulatory flexibility analysis for this rule, and none has been prepared.
List of Subjects in 19 CFR Part 356
Administrative practice and procedure, Antidumping, Business and industry, Confidential business information, Countervailing duties, Imports.
Dated: November 29, 2021.
Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance.

For the reasons stated in the preamble, the Department of Commerce is amending 19 CFR part 356 as follows:
PART 356PROCEDURES AND
RULES FOR ARTICLE 10.12 OF THE
UNITED STATES-MEXICO-CANADA
AGREEMENT
1. The authority citation for 19 CFR
part 356 continues to read as follows:

Authority: 19 U.S.C. 1516a and 1677ff, unless otherwise noted.

2. Revise the heading to part 356 to read as set forth above.
3. Revise 356.1 to read as follows:

356.1

356.2
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13 See
changes described above under Updates to Address Outdated Notice, Filing, Service, and Protective Order Procedures.
14 See discussion of changes to 356.2ee;
356.7; 356.8; 356.10; 356.11; 356.12; 356.14; and 356.18.
15 See discussion of changes to 356.6 and corresponding revisions to 356.7.
16 See changes described under Other Minor Corrections and Updates.

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Scope.

This part sets forth procedures and rules for Article 10.12 of the United States-Mexico-Canada Agreement under the Tariff Act of 1930, as amended by title IV of the United States-MexicoCanada Agreement Implementation Act of 2020 19 U.S.C. 1516a and 1677ff.
This part is authorized by section 412g of the United States-Mexico-Canada Agreement Implementation Act of 2020.
4. In 356.2, revise paragraphs d, f, h, n, o, p, q, r, u, w, bb2ii, cc3, ee, ff, hh, and kk to read as follows:
Definitions.

d Agreement means the United States-Mexico-Canada Agreement USMCA between Canada, the United Mexican States, and the United States, signed on November 30, 2018, as amended;

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f Article 10.12 Binational Panel Rules means the USMCA Article 10.12
Binational Panel Rules, established in accordance with Article 10.12.14 of the USMCA, and any subsequent amendments;

h Binational panel means a binational panel established pursuant to Annex 10B.1 to Chapter Ten of the Agreement for the purposes of reviewing a final determination;

n Director means the Senior APO
Specialist as defined by 19 CFR 354.2
or an office director under a Deputy Assistant Secretary, International Trade Administration, or a designee;
o Disclosure undertaking means:
1 In the case of Canada, the Canadian mechanism for protecting proprietary or privileged information during proceedings pursuant to Article 10.12 of the Agreement, as prescribed by subsection 77.212 of the Special Import Measures Act, as amended;
2 In the case of Mexico, the Mexican mechanism for protecting proprietary or privileged information during the proceedings pursuant to Article 10.12 of the Agreement, as prescribed by the Ley de Comercio Exterior and its regulations;
p Extraordinary challenge committee means the committee established pursuant to Annex 10B.3 to Chapter Ten of the Agreement to review decisions of a panel or conduct of a panelist;
q Final determination means final determination as defined by Article 10.8 of the Agreement;
r Free trade area country or FTA
country means free trade area country as defined by section 516Af9 of the Act 19 U.S.C. 1516af9;

u Letter of transmittal means a document marked according to the requirements of 19 CFR 351.303d2;

w Panel review means review of a final determination pursuant to Chapter Ten of the Agreement;

bb
2
ii Internal communications between officials of Secretariat of Economy in charge of antidumping and countervailing duty investigations or communications between those officials and other government officials, where those communications constitute part of the deliberative process with respect to the final determination; and

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