National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Proposed Stockpile Disposals for Fiscal Year 2010, 56792-56793 [E8-22734]

Download as PDF 56792 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices Dated: September 25, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8–22986 Filed 9–29–08; 8:45 am] Agenda [Docket No. 0809191238–81241–01] Open Session 1. Opening Remarks and Introductions. 2. Presentation of Papers and Comments by the Public. 3. Review on September 2008 Wassenaar Expert’s Meeting. 4. Discussion on 2009 Proposals. 5. Report on proposed changes to the Export Administration Regulations. 6. Other Business. ebenthall on PROD1PC60 with NOTICES 3884, in the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials processing equipment and related technology. National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Proposed Stockpile Disposals for Fiscal Year 2010 Closed Session 7. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than October 9, 2008. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via e-mail. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on July 16, 2008, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 sections (10)(d)), that the portion of the meeting dealing with matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)1 and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. VerDate Aug<31>2005 15:35 Sep 29, 2008 Jkt 214001 BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Bureau of Industry and Security, Commerce. ACTION: Notice of inquiry. AGENCY: SUMMARY: This notice is to advise the public that the National Defense Stockpile Market Impact Committee, cochaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed disposal levels of excess materials for the Fiscal Year (FY) 2010 Annual Materials Plan. DATES: To be considered, written comments must be received by October 30, 2008. ADDRESSES: Address all comments concerning this notice to Michael Vaccaro, U.S. Department of Commerce, Bureau of Industry and Security, Office of Strategic Industries and Economic Security, 1401 Constitution Avenue, NW., Room 3876, Washington, DC 20230, fax: (202) 482–5650 (Attn: Michael Vaccaro), e-mail: MIC@bis.doc.gov; or Peter Secor, U.S. Department of State, Bureau of Economic and Business Affairs, Office of International Energy and Commodity Policy, Washington, DC 20520, fax: (202) 647–8758 (Attn: Peter Secor), or e-mail: SecorPF@state.gov. FOR FURTHER INFORMATION CONTACT: David Newsom, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, U.S. Department of Commerce, Telephone: (202) 482–7417. SUPPLEMENTARY INFORMATION: Background Under the authority of the Strategic and Critical Materials Stock Piling Act of 1979, as amended (50 U.S.C. 98, et seq.), the Department of Defense (DOD), as National Defense Stockpile Manager, maintains a stockpile of strategic and critical materials to supply the military, industrial, and essential civilian needs of the United States for national PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 defense. Section 3314 of the Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA) (50 U.S.C. 98h–1) formally established a Market Impact Committee (the Committee) to ‘‘advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from the stockpile * * *’’ The Committee must also balance market impact concerns with the statutory requirement to protect the Government against avoidable loss. The Committee is comprised of representatives from the Departments of Commerce, State, Agriculture, Defense, Energy, Interior, the Treasury, and Homeland Security, and is co-chaired by the Departments of Commerce and State. The FY 1993 NDAA directs the Committee to consult with industry representatives that produce, process, or consume the materials contained in the stockpile. In Attachment 1, the Defense National Stockpile Center (DNSC) lists the proposed quantities that are enumerated in the stockpile inventory for the FY 2010 Annual Materials Plan. The Committee is seeking public comments on the potential market impact of the sale of these materials. Public comments are an important element of the Committee’s market impact review process. The quantities listed in Attachment 1 are not disposal or sales target quantities, but rather a statement of the proposed maximum disposal quantity of each listed material that may be sold in a particular fiscal year by the DNSC. The quantity of each material that will actually be offered for sale will depend on the market for the material at the time of the offering as well as on the quantity of each material approved for disposal by Congress. Submission of Comments The Committee requests that interested parties provide written comments, supporting data and documentation, and any other relevant information on the potential market impact of the sale of these commodities. All comments must be submitted to the address indicated in this notice. All comments submitted through e-mail must include the phrase ‘‘Market Impact Committee Notice of Inquiry’’ in the subject line. The Committee encourages interested persons who wish to comment to do so at the earliest possible time. The period for submission of comments will close on October 30, 2008. The Committee will consider all comments received before the close of the comment period. E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices submission and also provide a nonconfidential submission that can be placed in the public record. The Committee will seek to protect such information to the extent permitted by law. The Office of Administration, Bureau of Industry and Security, U.S. Department of Commerce, displays public comments on the BIS Freedom of Information Act (FOIA) Web site at Comments received after the end of the comment period will be considered, if possible, but their consideration cannot be assured. All comments submitted in response to this notice will be made a matter of public record and will be available for public inspection and copying. Anyone submitting business confidential information should clearly identify the business confidential portion of the 56793 https://www.bis.doc.gov/foia. This office does not maintain a separate public inspection facility. If you have technical difficulties accessing this Web site, please call BIS’s Office of Administration at (202) 482–1900 for assistance. Dated: September 22, 2008. Christopher R. Wall, Assistant Secretary for Export Administration. ATTACHMENT 1—PROPOSED FY 2010 ANNUAL MATERIALS PLAN Material Unit Bauxite, Metallurgical Jamaican .............................................................................................................. Beryl Ore .................................................................................................................................................. Beryllium Metal ........................................................................................................................................ Chromium, Ferro ...................................................................................................................................... Chromium, Metal ..................................................................................................................................... Cobalt ....................................................................................................................................................... Columbium Metal Ingots .......................................................................................................................... Germanium .............................................................................................................................................. Manganese, Chemical Grade .................................................................................................................. Manganese, Ferro ................................................................................................................................... Manganese, Metallurgical Grade ............................................................................................................. Platinum ................................................................................................................................................... Platinum-Iridium ....................................................................................................................................... Talc .......................................................................................................................................................... Tantalum Carbide Powder ....................................................................................................................... Tin ............................................................................................................................................................ Tungsten Metal Powder ........................................................................................................................... Tungsten Ores & Concentrates ............................................................................................................... VTE, Quebracho ...................................................................................................................................... Zinc .......................................................................................................................................................... 1 Actual 5,000 1 60 100,000 1,000 1,000,000 10,000 8,000 5,000 100,000 100,000 9,000 1,000 1,000 4,000 4,000 300,000 8,000,000 6,000 8,500 Footnote (1) (1) .................... .................... .................... (1) (1) .................... (1) .................... (1) (1) (1) (1) (1) (1) .................... .................... (1 ) (1) quantity will be limited to remaining inventory. [FR Doc. E8–22734 Filed 9–29–08; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 080507636–8637–01] Revisions to the Unverified List— Guidance as to ‘‘Red Flags’’ Under Supplement No. 3 to 15 CFR Part 732 Bureau of Industry and Security, Commerce. ACTION: Notice. AGENCY: ebenthall on PROD1PC60 with NOTICES LDT ST ST ST ST LB Co LB Cb Kg SDT ST SDT Tr Oz Tr Oz ST LB Ta MT LB W LB W LT ST Quantity SUMMARY: On June 14, 2002, the Bureau of Industry and Security (‘‘BIS’’) published a notice in the Federal Register that set forth a list of persons in foreign countries who were parties to past export transactions where prelicense checks (‘‘PLC’’) or post-shipment verifications (‘‘PSV’’) could not be conducted for reasons outside the control of the U.S. Government (‘‘Unverified List’’). Additionally, on July 16, 2004, BIS published a notice in the Federal Register that advised exporters that the Unverified List would also include persons in foreign VerDate Aug<31>2005 15:35 Sep 29, 2008 Jkt 214001 countries in transactions where BIS is not able to verify the existence or authenticity of the end-user, intermediate consignee, ultimate consignee, or other party to the transaction. These notices advised exporters that the involvement of a listed person as a party to a proposed transaction constitutes a ‘‘red flag’’ as described in the guidance set forth in Supplement No. 3 to 15 CFR Part 732, requiring heightened scrutiny by the exporter before proceeding with such a transaction. The notices also stated that, when warranted, BIS would remove persons from the Unverified List. This notice removes one entity from the Unverified List based upon recently conducted PSVs or scheduled PSVs. The entity is: Fuchs Oil Middle East Ltd., P.O. Box 7955, Sharjah Airport Intl. Free Zone, Sharjah, United Arab Emirates. This notice is effective September 30, 2008. DATES: FOR FURTHER INFORMATION CONTACT: Todd E. Willis, Assistant Director, Office of Enforcement Analysis, Bureau of Industry and Security, Telephone Number: (202) 482–4255. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 In administering export controls under the Export Administration Regulations (15 CFR Parts 730 to 774) (‘‘EAR’’), BIS carries out a number of preventive enforcement activities with respect to individual export transactions. Such activities are intended to assess diversion risks, identify potential violations, verify end-uses, and determine the suitability of end-users to receive U.S. commodities or technology. In carrying out these activities, BIS officials, or officials of other federal agencies acting on BIS’s behalf, conduct PLCs in appropriate situations to verify the bona fides of the transaction and the suitability of the end-user or ultimate consignee. In addition, such officials sometimes carry out PSVs to ensure that U.S. exports have actually been delivered to the authorized end-user, are being used in a manner consistent with the terms of a license or license exception, and are otherwise consistent with the EAR. In a notice issued on June 14, 2002 (67 FR 40910), BIS set forth an Unverified List of certain foreign endusers and consignees involved in export transactions where BIS officials, or other SUPPLEMENTARY INFORMATION: E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56792-56793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22734]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 0809191238-81241-01]


National Defense Stockpile Market Impact Committee Request for 
Public Comments on the Potential Market Impact of Proposed Stockpile 
Disposals for Fiscal Year 2010

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry.

-----------------------------------------------------------------------

SUMMARY: This notice is to advise the public that the National Defense 
Stockpile Market Impact Committee, co-chaired by the Departments of 
Commerce and State, is seeking public comments on the potential market 
impact of the proposed disposal levels of excess materials for the 
Fiscal Year (FY) 2010 Annual Materials Plan.

DATES: To be considered, written comments must be received by October 
30, 2008.

ADDRESSES: Address all comments concerning this notice to Michael 
Vaccaro, U.S. Department of Commerce, Bureau of Industry and Security, 
Office of Strategic Industries and Economic Security, 1401 Constitution 
Avenue, NW., Room 3876, Washington, DC 20230, fax: (202) 482-5650 
(Attn: Michael Vaccaro), e-mail: MIC@bis.doc.gov; or Peter Secor, U.S. 
Department of State, Bureau of Economic and Business Affairs, Office of 
International Energy and Commodity Policy, Washington, DC 20520, fax: 
(202) 647-8758 (Attn: Peter Secor), or e-mail: SecorPF@state.gov.

FOR FURTHER INFORMATION CONTACT: David Newsom, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S. 
Department of Commerce, Telephone: (202) 482-7417.

SUPPLEMENTARY INFORMATION:

Background

    Under the authority of the Strategic and Critical Materials Stock 
Piling Act of 1979, as amended (50 U.S.C. 98, et seq.), the Department 
of Defense (DOD), as National Defense Stockpile Manager, maintains a 
stockpile of strategic and critical materials to supply the military, 
industrial, and essential civilian needs of the United States for 
national defense. Section 3314 of the Fiscal Year (FY) 1993 National 
Defense Authorization Act (NDAA) (50 U.S.C. 98h-1) formally established 
a Market Impact Committee (the Committee) to ``advise the National 
Defense Stockpile Manager on the projected domestic and foreign 
economic effects of all acquisitions and disposals of materials from 
the stockpile * * *'' The Committee must also balance market impact 
concerns with the statutory requirement to protect the Government 
against avoidable loss.
    The Committee is comprised of representatives from the Departments 
of Commerce, State, Agriculture, Defense, Energy, Interior, the 
Treasury, and Homeland Security, and is co-chaired by the Departments 
of Commerce and State. The FY 1993 NDAA directs the Committee to 
consult with industry representatives that produce, process, or consume 
the materials contained in the stockpile.
    In Attachment 1, the Defense National Stockpile Center (DNSC) lists 
the proposed quantities that are enumerated in the stockpile inventory 
for the FY 2010 Annual Materials Plan. The Committee is seeking public 
comments on the potential market impact of the sale of these materials. 
Public comments are an important element of the Committee's market 
impact review process.
    The quantities listed in Attachment 1 are not disposal or sales 
target quantities, but rather a statement of the proposed maximum 
disposal quantity of each listed material that may be sold in a 
particular fiscal year by the DNSC. The quantity of each material that 
will actually be offered for sale will depend on the market for the 
material at the time of the offering as well as on the quantity of each 
material approved for disposal by Congress.

Submission of Comments

    The Committee requests that interested parties provide written 
comments, supporting data and documentation, and any other relevant 
information on the potential market impact of the sale of these 
commodities. All comments must be submitted to the address indicated in 
this notice. All comments submitted through e-mail must include the 
phrase ``Market Impact Committee Notice of Inquiry'' in the subject 
line.
    The Committee encourages interested persons who wish to comment to 
do so at the earliest possible time. The period for submission of 
comments will close on October 30, 2008. The Committee will consider 
all comments received before the close of the comment period.

[[Page 56793]]

Comments received after the end of the comment period will be 
considered, if possible, but their consideration cannot be assured.
    All comments submitted in response to this notice will be made a 
matter of public record and will be available for public inspection and 
copying. Anyone submitting business confidential information should 
clearly identify the business confidential portion of the submission 
and also provide a non-confidential submission that can be placed in 
the public record. The Committee will seek to protect such information 
to the extent permitted by law.
    The Office of Administration, Bureau of Industry and Security, U.S. 
Department of Commerce, displays public comments on the BIS Freedom of 
Information Act (FOIA) Web site at https://www.bis.doc.gov/foia. This 
office does not maintain a separate public inspection facility. If you 
have technical difficulties accessing this Web site, please call BIS's 
Office of Administration at (202) 482-1900 for assistance.

    Dated: September 22, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.

          Attachment 1--Proposed FY 2010 Annual Materials Plan
------------------------------------------------------------------------
             Material                  Unit       Quantity     Footnote
------------------------------------------------------------------------
Bauxite, Metallurgical Jamaican..          LDT        5,000        (\1\)
Beryl Ore........................           ST            1        (\1\)
Beryllium Metal..................           ST           60  ...........
Chromium, Ferro..................           ST      100,000  ...........
Chromium, Metal..................           ST        1,000  ...........
Cobalt...........................        LB Co    1,000,000        (\1\)
Columbium Metal Ingots...........        LB Cb       10,000        (\1\)
Germanium........................           Kg        8,000  ...........
Manganese, Chemical Grade........          SDT        5,000        (\1\)
Manganese, Ferro.................           ST      100,000  ...........
Manganese, Metallurgical Grade...          SDT      100,000        (\1\)
Platinum.........................        Tr Oz        9,000        (\1\)
Platinum-Iridium.................        Tr Oz        1,000        (\1\)
Talc.............................           ST        1,000        (\1\)
Tantalum Carbide Powder..........        LB Ta        4,000        (\1\)
Tin..............................           MT        4,000        (\1\)
Tungsten Metal Powder............         LB W      300,000  ...........
Tungsten Ores & Concentrates.....         LB W    8,000,000  ...........
VTE, Quebracho...................           LT        6,000        (\1\)
Zinc.............................           ST        8,500        (\1\)
------------------------------------------------------------------------
\1\ Actual quantity will be limited to remaining inventory.

[FR Doc. E8-22734 Filed 9-29-08; 8:45 am]
BILLING CODE 3510-33-P
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