Foreign-Trade Zone 75-Phoenix, Arizona Application for Expansion (New Magnet Site) Under Alternative Site Framework, 74457-74458 [2012-30220]

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mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Notices • Email: Public.comments@wdc.usda.gov. Include Docket Number NRCS–2012– 0004 or ‘‘comment on practice standards’’ in the subject line of the message. • Mail: Comment Submissions, Attention: Verna Jones, Policy Analyst, Resource Economics, Analysis and Policy Division, Department of Agriculture, Natural Resources Conservation Service, George Washington Carver Center, 5601 Sunnyside Ave, Room 1–1112C, Beltsville, Maryland 20705. All comments received will become a matter of public record and will be posted without change to http:// www.regulations.gov including any personal information provided. FOR FURTHER INFORMATION CONTACT: Wayne Bogovich, National Agricultural Engineer, Conservation Engineering Division, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue SW., Room 6136 South Building, Washington, DC 20250. Electronic copies of these standards can be downloaded or printed from the following Web site: ftp://ftpfc.sc.egov.usda.gov/NHQ/practicestandards/federal-register/. Requests for paper versions or inquiries may be directed to Wayne Bogovich, National Agricultural Engineer, Conservation Engineering Division, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue SW., Room 6136 South Building, Washington, DC 20250. SUPPLEMENTARY INFORMATION: The amount of the proposed changes varies considerably for each of the conservation practice standards addressed in this notice. To fully understand the proposed changes, individuals are encouraged to compare these changes with each standard’s current version as shown at: http:// www.nrcs.usda.gov/technical/ Standards/nhcp.html. To aid in this comparison, following are highlights of the proposed revisions to each standard: Amendments for the Treatment of Agricultural Waste (Code 591)—An additional purpose to reduce risk associated with the spread and contamination of pathogens was added. A subsection on system effects was added to limit the use of amendments to situations where the impacts of the altered waste stream on other parts of the manure management system have been identified and to assure that land application of treated manure would comply with the requirements of Conservation Practice Standard 590, VerDate Mar<15>2010 16:41 Dec 13, 2012 Jkt 229001 Nutrient Management. Other minor changes were made for style and clarity that did not change the technical substance of the standard. Building Envelope Improvement (Code 672)—This is a new conservation practice standard for modification or retrofit of the building envelope of an existing agricultural structure. Fence (Code 382)—Wildlife needs are now included under general criteria, being moved from the considerations section. This will ensure all fence design and placement is made with knowledge of potential impacts to local wildlife. Lighting System Improvement (Code 670)—This is a new conservation practice standard for complete replacement or retrofitting of one or more components of an existing agricultural lighting system. Recreation Land Grading and Shaping (Code 566)—There were minor changes to wording with changes to active voice and references added. Row Arrangement (Code 557)—Added wording to Definition to be consistent with purpose, minor changes to wording with changes to active voice, and added references. Sprinkler System (Code 442)— Changed name from ‘‘Irrigation System, Sprinkler’’ to ‘‘Sprinkler’’ to make the standard more applicable to other conservation measures that use sprinklers as part of solution (i.e., dust control). Other changes include shortening the section on center pivots and adding criteria for purposes other than irrigation. Tree/Shrub Site Preparation (Code 490)—Only minor changes were made to the standard including editorial changes to the second purpose and the general criteria to improve clarity. Pest management issues are referred to the current Pest Management policy. Waste Separation Facility (Code 632)—The name changed from Solid/ Liquid Waste Separation Facility to Waste Separation Facility. Two purposes were removed and one was added to address manure handling. Additional separation methods (not inclusive) were added to the separation efficiency table. The practice will allow solid/solid separation such as poultry litter screening. Two new criteria sections were developed for Sand Separation and Reuse. Waste Treatment (Code 629)—The conditions where practice applies was shortened and made more generic. A subsection on utilities was added to make the standard more consistent with other practice standards that could involve construction activities. The requirement for a minimum practice life PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 74457 of 10 years was removed from the standard. Other minor changes were made for style and clarity that did not change the technical substance of the standard. Watering Facility (Code 614)—The definition was modified to include watering ramps since the purpose of a watering ramp is to provide a watering facility for livestock and wildlife. Additional criteria for the use of tanks for water storage were added. Waterspreading (Code 640)— Reworded purpose to be more in line with the new resource concerns. Other changes consist of cleaning up language in criteria and considerations section. Signed this 15th day of November 2012, in Washington, DC. Dave White, Chief, Natural Resources Conservation Service. [FR Doc. 2012–30158 Filed 12–13–12; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–87–2012] Foreign-Trade Zone 75—Phoenix, Arizona Application for Expansion (New Magnet Site) Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the City of Phoenix, grantee of Foreign-Trade Zone 75, requesting authority to expand its zone under the alternative site framework (ASF) adopted by the Board (15 CFR 400.2(c)) to include a new magnet site in Phoenix, Arizona. The application was submitted pursuant to the ForeignTrade Zones Act, as amended (19 U.S.C. 81a-81u) and the regulations of the Board (15 CFR part 400). It was formally docketed on December 7, 2012. FTZ 75 was approved by the Board on March 25, 1982 (Board Order 185, 47 FR 14931, 04/07/82), and was expanded on July 2, 1993 (Board Order 647, 58 FR 37907, 07/14/93), on February 27, 2008 (Board Order 1545, 73 FR 13531, 03/13/ 08), and on March 23, 2010 (Board Order 1672). FTZ 75 was reorganized under the ASF on October 7, 2010 (Board Order 1716, 75 FR 64708–64709, 10/20/2010). The zone project currently has a service area that includes all of Maricopa County and portions of Pinal and Yavapai Counties, Arizona. The current zone project includes the following magnet sites: Site 1 (338 acres)—within the 550-acre Phoenix Sky Harbor Center and adjacent air cargo E:\FR\FM\14DEN1.SGM 14DEN1 74458 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Notices mstockstill on DSK4VPTVN1PROD with terminal at the Phoenix Sky Harbor International Airport, Phoenix; Site 2 (18 acres)—CC&F South Valley Industrial Center, 7th Street and Victory Street, Phoenix; Site 3 (74 acres)— Riverside Industrial Center, 4750 W. Mohave Street, Phoenix; Site 4 (18 acres)—Santa Fe Business Park, 47th Avenue and Campbell Avenue, Phoenix; and, Site 5 (32.5 acres)—the jet fuel storage and distribution system at and adjacent to the Phoenix Sky Harbor International Airport, Phoenix. Since approval of the reorganization of the zone under the ASF, three usage-driven sites have been approved: Site 6 (31.1 acres)—Western Digital, LLC, 1000– 1100 East Bell Road, Phoenix; Site 7 (5.7 acres)—Michael Lewis Company, 2021 East Jones Avenue, Phoenix; and, Site 8 (9.47 acres)—The Gap, Inc., 2225 South 75th Avenue, Phoenix. The applicant is now requesting authority to expand its zone project to include an additional magnet site: Proposed Site 9 (155 acres)—Prologis Park Riverside, 3202 South 55th Avenue and 5555 West Lower Buckeye Road, Phoenix. The proposed new site is located within Phoenix, Arizona U.S. Customs and Border Protection Ports of Entry. In accordance with the Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is February 12, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 27, 2013. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For Further Information Contact: Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Dated: December 7, 2012. Andrew McGilvray, Executive Secretary. [FR Doc. 2012–30220 Filed 12–13–12; 8:45 am] BILLING CODE P VerDate Mar<15>2010 16:41 Dec 13, 2012 Jkt 229001 DEPARTMENT OF COMMERCE Bureau of Industry and Security [11–BIS–0005] Enterysys Corporation, with Last Known Addresses of: 1307 Muench Court, San Jose, CA 95131 and Plot No. 39, Public Sector, Employees Colony, New Bowenpally 500011, Secunderabad, India, Respondent; Final Decision and Order This matter is before me upon a Recommended Decision and Order (‘‘RDO’’) of an Administrative Law Judge (‘‘ALJ’’), as further described below.1 I. Background On July 11, 2011, the Bureau of Industry and Security (‘‘BIS’’) issued a Charging Letter alleging that Respondent, Enterysys Corporation, of San Jose, California and Secunderabad, India (‘‘Enterysys’’ or ‘‘Respondent’’), committed sixteen violations of the Export Administration Regulations (‘‘Regulations’’),2 issued pursuant to the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401–2420 (2000)) (‘‘Act’’).3 The Charging Letter included the following specific allegations: Charge 1 15 CFR 764.2(h)—Evasion In or about May 2006, Enterysys engaged in a transaction and took other actions with intent to evade the provisions of the Regulations. Through false statements to a U.S. manufacturer and freight forwarder, Enterysys obtained and exported to India 1 I received the certified record from the ALJ, including the original copy of the RDO, for my review on November 2, 2012. The RDO is dated October 15, 2012. BIS timely submitted a response to the RDO, while Respondent has not filed a response to the RDO. 2 The Regulations currently are codified at 15 CFR parts 730–774 (2012). The charged violations occurred in 2005 through 2007. The Regulations governing the violations at issue are found in the 2005 through 2007 versions of the Code of Federal Regulations. In addition, citations to Section 764.2 of the Regulations elsewhere in this Order are to the 2005–2007 versions of the Regulations, as applicable. For ease of reference, I note that the 2005–2007 versions of the Regulations are the same as the 2012 version with regard to the provisions of Section 764.2 cited herein. This proceeding was instituted in 2011. The 2012 version of the Regulations currently governs the procedural aspects of this case. The 2011 and 2012 versions of the Regulations are the same with respect to the provisions of Part 766 cited herein. 3 Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2012 (77 FR 49,699 (Aug. 16, 2012)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. § 1701, et seq.). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 twenty square meters of ceramic cloth, an item subject to the Regulations, classified under Export Control Classification Number (‘‘ECCN’’) 1C010, controlled for National Security reasons, and valued at $15,460, without obtaining the required license pursuant to Section 742.4 of the Regulations. Enterysys purchased the ceramic cloth from a U.S. manufacturer and arranged for the manufacturer to ship the item to a freight forwarder identified by Enterysys, knowing that a license was required for the export of the ceramic cloth to India. On or about May 1, 2006, when Enterysys asked that the U.S. manufacturer to ship the ceramic cloth to Enterysys’s freight forwarder instead of directly to Enterysys, Enterysys was informed by the manufacturer that the material ‘‘is a controlled commodity in terms of export to India,’’ and the manufacturer asked Enterysys for assurance and a ‘‘guarantee’’ that the ceramic cloth would not be exported to India. In response, also on or about May 1, 2006, Enterysys stated, ‘‘This is not going out of USA.’’ In addition, in arranging for the purchase from the U.S. manufacturer, Enterysys asked the manufacturer not to put any packing list, invoice or certificate of conformance in the box with the ceramic cloth, but rather to fax the documents to Enterysys. Enterysys also arranged for its freight forwarder to ship the ceramic cloth to Enterysys in India. Once the manufacturer shipped the ceramic cloth to the freight forwarder identified by Enterysys, Enterysys provided the freight forwarder with shipping documentation on or about May 2, 2006, including a packing list and invoice that falsely identified the ceramic cloth as twenty square meters of ‘‘used waste material’’ with a value of $200. The ceramic cloth arrived at the freight forwarder on or about May 3, 2006, and was exported pursuant to Enterysys’s instructions to India on or about May 5, 2006. Enterysys undertook these acts to facilitate the export of U.S.-origin ceramic cloth to India without the required Department of Commerce license and to avoid detection by law enforcement. In so doing, Enterysys committed one violation of Section 764.2(h) of the Regulations. Charge 2 15 CFR 764.2(a)—Engaging in Prohibited Conduct by Exporting Ceramic Cloth to India Without the Required License On or about May 5, 2006, Enterysys engaged in conduct prohibited by the Regulations by exporting to India twenty square meters of ceramic cloth, an item subject to the Regulations, classified under ECCN 1C010, controlled for National Security reasons and valued at $15,460, without the Department of Commerce license required pursuant to Section 742.4 of the Regulations. In so doing, Enterysys committed one violation of Section 764.2(a) of the Regulations. Charges 3–13 15 CFR 764.2(a)—Engaging in Prohibited Conduct by Exporting Electronic Components to a Listed Entity Without the Required Licenses On eleven occasions between on or about August 12, 2005 and November 27, 2007, Enterysys engaged in conduct prohibited by the Regulations by exporting various E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Pages 74457-74458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30220]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-87-2012]


Foreign-Trade Zone 75--Phoenix, Arizona Application for Expansion 
(New Magnet Site) Under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) 
Board (the Board) by the City of Phoenix, grantee of Foreign-Trade Zone 
75, requesting authority to expand its zone under the alternative site 
framework (ASF) adopted by the Board (15 CFR 400.2(c)) to include a new 
magnet site in Phoenix, Arizona. The application was submitted pursuant 
to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u) and the 
regulations of the Board (15 CFR part 400). It was formally docketed on 
December 7, 2012.
    FTZ 75 was approved by the Board on March 25, 1982 (Board Order 
185, 47 FR 14931, 04/07/82), and was expanded on July 2, 1993 (Board 
Order 647, 58 FR 37907, 07/14/93), on February 27, 2008 (Board Order 
1545, 73 FR 13531, 03/13/08), and on March 23, 2010 (Board Order 1672). 
FTZ 75 was reorganized under the ASF on October 7, 2010 (Board Order 
1716, 75 FR 64708-64709, 10/20/2010). The zone project currently has a 
service area that includes all of Maricopa County and portions of Pinal 
and Yavapai Counties, Arizona.
    The current zone project includes the following magnet sites: Site 
1 (338 acres)--within the 550-acre Phoenix Sky Harbor Center and 
adjacent air cargo

[[Page 74458]]

terminal at the Phoenix Sky Harbor International Airport, Phoenix; Site 
2 (18 acres)--CC&F South Valley Industrial Center, 7th Street and 
Victory Street, Phoenix; Site 3 (74 acres)--Riverside Industrial 
Center, 4750 W. Mohave Street, Phoenix; Site 4 (18 acres)--Santa Fe 
Business Park, 47th Avenue and Campbell Avenue, Phoenix; and, Site 5 
(32.5 acres)--the jet fuel storage and distribution system at and 
adjacent to the Phoenix Sky Harbor International Airport, Phoenix. 
Since approval of the reorganization of the zone under the ASF, three 
usage-driven sites have been approved: Site 6 (31.1 acres)--Western 
Digital, LLC, 1000-1100 East Bell Road, Phoenix; Site 7 (5.7 acres)--
Michael Lewis Company, 2021 East Jones Avenue, Phoenix; and, Site 8 
(9.47 acres)--The Gap, Inc., 2225 South 75th Avenue, Phoenix.
    The applicant is now requesting authority to expand its zone 
project to include an additional magnet site: Proposed Site 9 (155 
acres)--Prologis Park Riverside, 3202 South 55th Avenue and 5555 West 
Lower Buckeye Road, Phoenix. The proposed new site is located within 
Phoenix, Arizona U.S. Customs and Border Protection Ports of Entry.
    In accordance with the Board's regulations, Christopher Kemp of the 
FTZ Staff is designated examiner to evaluate and analyze the facts and 
information presented in the application and case record and to report 
findings and recommendations to the Board.
    Public comment is invited from interested parties. Submissions 
shall be addressed to the Board's Executive Secretary at the address 
below. The closing period for their receipt is February 12, 2013. 
Rebuttal comments in response to material submitted during the 
foregoing period may be submitted during the subsequent 15-day period 
to February 27, 2013.
    A copy of the application will be available for public inspection 
at the Office of the Executive Secretary, Foreign-Trade Zones Board, 
Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230-0002, and in the ``Reading Room'' section of the 
Board's Web site, which is accessible via www.trade.gov/ftz.
    For Further Information Contact: Christopher Kemp at 
Christopher.Kemp@trade.gov or (202) 482-0862.

    Dated: December 7, 2012.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012-30220 Filed 12-13-12; 8:45 am]
BILLING CODE P