Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Automobiles, Including Cars, SUVs, Vans and Light Trucks, and Automotive Parts

Wilbur L. Ross
Department of Commerce
30 May 2018

[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24735-24737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11708]


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DEPARTMENT OF COMMERCE


Notice of Request for Public Comments and Public Hearing on 
Section 232 National Security Investigation of Imports of Automobiles, 
Including Cars, SUVs, Vans and Light Trucks, and Automotive Parts

AGENCY: U.S. Department of Commerce.

ACTION: Notice of request for public comments and public hearing.

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SUMMARY: On May 23, 2018, the Secretary of Commerce initiated an 
investigation to determine the effects on the national security of 
imports of automobiles, including cars, SUVs, vans and light trucks, 
and automotive parts. This investigation has been initiated under 
section 232 of the Trade Expansion Act of 1962, as amended. Interested 
parties are invited to submit written comments, data, analyses, or 
other information pertinent to the investigation to the Department of 
Commerce by June 22, 2018. Rebuttal comments will be due by July 6, 
2018. The Department of Commerce will also hold a public hearing on the 
investigation on July 19 and 20, 2018 in Washington, DC. This notice 
identifies the issues on which the Department is interested in 
obtaining the public's views. It also sets forth the procedures for 
public participation in the hearing.

DATES: The due date for filing comments, for requests to appear at the 
public hearing, and for submissions of a summary of expected testimony 
at the public hearing is June 22, 2018.
    The due date is July 6, 2018 for rebuttal comments submitted in 
response to any comments filed on or before June 22, 2018.
    The public hearings will be held on July 19 and 20, 2018. The 
hearings will begin at 8:30 a.m. local time and conclude at 5:00 p.m. 
local time, each day.

ADDRESSES: Written comments: All written submissions must be in English 
and must be addressed to Section 232 Automobile and Automotive Parts 
Imports Investigation, and filed through the Federal eRulemaking 
Portal: http://www.regulations.gov. To submit comments via 
www.regulations.gov, enter docket number DOC-2018-0002 on the home page 
and click ``search.'' The site will provide a search results page 
listing all documents associated with this docket. Find a reference to 
this notice and click on the link entitled ``Comment Now!'' (For 
further information on using www.regulations.gov, please consult the 
resources provided on the website by clicking on ``How to Use This 
Site'' on the left side of the home page). For alternatives to on-line 
submissions, please contact Sahra Park-Su at (202) 482-2811.
    Hearings: The public hearings will be held in the Department of 
Commerce's auditorium at 1401 Constitution Avenue NW, Washington, DC 
20230.

FOR FURTHER INFORMATION CONTACT: Sahra Park-Su, U.S. Department of 
Commerce (202) 482-2811. For more information about the section 232 
program, including the regulations and the text of previous 
investigations, see www.bis.doc.gov/232.

SUPPLEMENTARY INFORMATION:

Background

    On May 23, 2018, the Secretary of Commerce (``Secretary'') 
initiated an

[[Page 24736]]

investigation under section 232 of the Trade Expansion Act of 1962, as 
amended (19 U.S.C. 1862), to determine the effects on the national 
security of imports of automobiles, including cars, SUVs, vans and 
light trucks, and automotive parts. If the Secretary finds that 
automobiles and/or automotive parts are being imported into the United 
States in such quantities or under such circumstances as to threaten to 
impair the national security, the Secretary shall recommend actions and 
steps that should be taken to adjust automobile and/or automotive parts 
imports so that they will not threaten to impair the national security.

Written Comments

    This investigation is being undertaken in accordance with part 705 
of the National Security Industrial Base Regulations (15 CFR parts 700 
to 709) (``NSIBR''). Interested parties are invited to submit written 
comments, data, analyses, or information pertinent to this 
investigation to the U.S. Department of Commerce by June 22, 2018. 
Rebuttal comments submitted in response to comments received on or 
before June 22, 2018 may be filed no later than July 6, 2018.
    The Department is particularly interested in comments and 
information directed to the criteria listed in Sec.  705.4 of the NSIBR 
as they affect national security, including the following:
     The quantity and nature of imports of automobiles, 
including cars, SUVs, vans and light trucks, and automotive parts and 
other circumstances related to the importation of automobiles and 
automotive parts;
     Domestic production needed for projected national defense 
requirements;
     Domestic production and productive capacity needed for 
automobiles and automotive parts to meet projected national defense 
requirements;
     The existing and anticipated availability of human 
resources, products, raw materials, production equipment, and 
facilities to produce automobiles and automotive parts;
     The growth requirements of the automobiles and automotive 
parts industry to meet national defense requirements and/or 
requirements to assure such growth, particularly with respect to 
investment and research and development;
     The impact of foreign competition on the economic welfare 
of the U.S. automobiles and automotive parts industry;
     The displacement of any domestic automobiles and 
automotive parts causing substantial unemployment, decrease in the 
revenues of government, loss of investment or specialized skills and 
productive capacity, or other serious effects;
     Relevant factors that are causing or will cause a 
weakening of our national economy;
     The extent to which innovation in new automotive 
technologies is necessary to meet projected national defense 
requirements;
     Whether and, if so, how the analysis of the above factors 
changes when U.S. production by majority U.S.-owned firms is considered 
separately from U.S. production by majority foreign-owned firms; and
     Any other relevant factors.

Additional Requirements for Written Comments

    The www.regulations.gov website allows users to provide comments by 
filling in a ``Type Comment'' field, or by attaching a document using 
an ``Upload File'' field. The Department prefers that comments be 
provided in an attached document. The Department prefers submissions in 
Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the submission is in 
an application other than those two, please indicate the name of the 
application in the ``Type Comment'' field. Please do not attach 
separate cover letters to electronic submissions; rather, include any 
information that might appear in a cover letter in the comments 
themselves. Similarly, to the extent possible please include any 
exhibits, annexes, or other attachments in the same file as part of the 
submission itself rather than in separate files.
    Comments will be placed in the docket and open to public 
inspection, except confidential business information. Comments may be 
viewed on www.regulations.gov by entering docket number DOC-2018-0002 
in the search field on the home page.
    Material that is business confidential information will be exempted 
from public disclosure as provided for by Sec.  705.6 of the 
regulations. Anyone submitting business confidential information should 
clearly identify the business confidential portion of the submission, 
then file a statement justifying nondisclosure and referring to the 
specific legal authority claimed, and provide a non-confidential 
version of the submission which can be placed in the public file on 
http://www.regulations.gov.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The file name of the non-
confidential version should begin with the character ``P''. The ``BC'' 
and ``P'' should be followed by the name of the person or entity 
submitting the comments or rebuttal comments. Filers submitting 
comments containing no business confidential information should name 
their file using the name of the person or entity submitting the 
comments.
    Communications from agencies of the United States Government will 
not be made available for public inspection. Please note that the 
submission of a summary of expected testimony at the public hearing is 
separate from the submission of other written comments and should be 
submitted separately.

Public Hearing

    Consistent with the interest of the U.S. Department of Commerce in 
soliciting public comments on issues affecting U.S. industry and 
national security, the Department is holding a public hearing as part 
of the investigation. The hearing will further assist the Department in 
determining whether imports of automobiles and automotive parts 
threaten to impair the national security and in recommending remedies 
if such a threat is found to exist. Public comments at the hearing 
should address the criteria listed in Sec.  [thinsp]705.4 of the NSIBR 
as they affect national security described above.
    The hearing will be held on July 19 and 20, 2018 at the U.S. 
Department of Commerce auditorium, 1401 Constitution Avenue NW, 
Washington, DC 20230. The hearing will begin at 8:30 a.m. local time 
and conclude at 5:00 p.m. local time, each day.

Procedure for Requesting Participation

    The Department encourages interested public participants to present 
their views orally at the hearing. Any person wishing to make an oral 
presentation at the hearing must submit a written request to the 
Department of Commerce by June 22, 2018. The request to appear must 
include a summary of the expected testimony, and may also be 
accompanied by additional material. Remarks at the hearing may be 
limited to five minutes to allow for possible questions from U.S. 
government representatives.
    All submissions must be in English and sent electronically via 
www.regulations.gov. To submit a request to appear at the hearing via 
www.regulations.gov, enter docket number DOC-2018-0002. In the ``Type

[[Page 24737]]

Comment'' field, include name, address, email address, and telephone 
number of the person presenting the testimony, as well as the 
organization or company that they represent. Attach a summary of the 
testimony, and pre-hearing submission if provided, by using the 
``Upload File'' field. The file name should include the name of the 
person who will be presenting the testimony.
    The request to speak should include (1) the name and address of the 
person requesting to make a presentation; (2) a daytime phone number 
where the person who would be making the oral presentation may be 
contacted before the hearing; (3) the organization or company they 
represent; and (4) an email address.
    Please note that the submission of a summary of expected testimony 
at the public hearing is separate from the request for written 
comments. Since it may be necessary to limit the number of persons 
making presentations, the written request to participate in the public 
hearing should describe the individual's interest in the hearing and, 
where appropriate, explain why the individual is a proper 
representative of a group or class of persons that has such an 
interest. If all interested parties cannot be accommodated at the 
hearing, the summaries of the oral presentations will be used to 
allocate speaking time and to ensure that a full range of comments is 
heard.
    Each person selected to make a presentation will be notified by the 
Department of Commerce no later than 8:00 p.m. Eastern Daylight Time on 
July 12, 2018. The Department will arrange the presentation times for 
the speakers. Persons selected to be heard are requested to bring 20 
copies of their oral presentation and of all exhibits to the hearing 
site on the day of the hearing. All such material must be of a size 
consistent with ease of handling, transportation and filing. While 
large exhibits may be used during a hearing, copies of such exhibits in 
reduced size must be provided to the hearing panel. Written submissions 
by persons not selected to make presentations will be made part of the 
public record of the proceeding. Confidential business information may 
not be submitted at a public hearing. In the event confidential 
business information is submitted it will be handled according to the 
same procedures applicable to such information provided in the course 
of an investigation. See 15 CFR 705.6. The hearing will be recorded.
    The transcript of the hearing will be available on 
www.regulations.gov in docket number DOC-2018-0002.

Conduct of the Hearing

    The Department reserves the right to select the persons to be heard 
at the hearing, to schedule their respective presentations, and to 
establish the procedures governing the conduct of the hearing. Each 
speaker may be limited to 5 minutes, and comments must be directly 
related to the criteria listed in 15 CFR 705.4 of the regulations. 
Attendees will be seated on a first-come, first-served basis.
    A Department official will be designated to preside at the hearing. 
The presiding officer shall determine all procedural matters during the 
hearing. Representatives from the Department, and other U.S. Government 
agencies as appropriate, will make up the hearing panel. This will be a 
fact-finding proceeding; it will not be a judicial or evidentiary-type 
hearing. Only members of the hearing panel may ask questions, and there 
will be no cross-examination of persons presenting statements. However, 
questions submitted to the presiding officer in writing may, at the 
discretion of the presiding officer, be posed to the presenter. No 
formal rules of evidence will apply to the hearing.
    Any further procedural rules for the proper conduct of the hearing 
will be announced by the presiding officer.

Special Accommodations

    This meeting 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 June 22, 
2018 by contacting the Department of Commerce official identified in 
this Notice.

    Dated: May 24, 2018.
Wilbur L. Ross,
Secretary of Commerce.
[FR Doc. 2018-11708 Filed 5-25-18; 4:15 pm]
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