Iowa; Major Disaster and Related Determinations, 47611-47612 [2010-19467]
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sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices
were designed by a project engineer with
many years of experience in ‘‘designing and
building hardware.’’ While replicating the
program pattern from a ‘‘master’’ PROM may
be a quick one-step process, the development
of the pattern and the production of the
‘‘master’’ PROM required much time and
expertise. The court noted that it was
undisputed that programming alters the
character of a PROM. The essence of the
article, its interconnections or stored
memory, was established by programming.
The court concluded that altering the nonfunctioning circuitry comprising a PROM
through technological expertise in order to
produce a functioning read only memory
device possessing a desired distinctive
circuit pattern was no less a ‘‘substantial
transformation’’ than the manual
interconnection of transistors, resistors and
diodes upon a circuit board creating a similar
pattern.
In C.S.D. 84–86, CBP stated:
We are of the opinion that the rationale of
the court in the Data General case may be
applied in the present case to support the
principle that the essence of an integrated
circuit memory storage device is established
by programming * * * . [W]e are of the
opinion that the programming (or
reprogramming) of an EPROM results in a
new and different article of commerce which
would be considered to be a product of the
country where the programming or
reprogramming takes place.
Accordingly, the programming of a device
that changes or defines its use generally
constitutes substantial transformation. See
also HQ 733085, dated July 13, 1990; and HQ
558868, dated February 23, 1995
(programming of SecureID Card substantially
transforms the card because it gives the card
its character and use as part of a security
system and the programming is a permanent
change that cannot be undone); HQ 735027,
dated September 7, 1993 (programming blank
media (EEPROM) with instructions on it that
allows it to perform certain functions of
preventing piracy of software constituted
substantial transformation); but see HQ
732870, dated March 19, 1990 (formatting a
blank diskette did not constitute substantial
transformation because it did not add value,
did not involve complex or highly technical
operations and did not create a new or
different product); HQ 734518, dated June 28,
1993 (concluding that motherboards were not
substantially transformed by the implanting
of the central processing unit on the board
because, whereas in Data General use was
being assigned to the PROM, the use of the
motherboard had already been determined
when the importer imported it).
In HQ 563012, dated May 4, 2004, CBP
considered whether components of various
origins were substantially transformed when
assembled to form a fabric switch which
involved a combination of computer
hardware and software. Most of the assembly
of computer hardware was performed in
China. Then, in either Hong Kong or the U.S.,
the hardware was completed and the U.S.origin software was downloaded onto the
hardware. CBP noted that the U.S.-developed
software provided the finished product with
its ‘‘distinctive functional characteristics.’’ In
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making the determination that the product
was substantially transformed in the United
States, where the fabric switch was
assembled to completion, CBP considered
both the assembly process that occurred in
the United States and the configuration
operations that required U.S.-origin software.
In the scenario where the fabric switch was
assembled to completion in Hong Kong, CBP
determined the origin for marking purposes
was Hong Kong.
In HQ 559255, dated August 21, 1995, a
device referred to as a ‘‘CardDock’’ was under
consideration for country of origin marking
purposes. The CardDock was a device which
was installed in IBM PC compatible
computers. After installation, the units were
able to accept PCMCIA cards for the purpose
of interfacing such PCMCIA cards with the
computer in which the CardDock unit was
installed. The CardDock units were partially
assembled abroad but completed in the
United States. The overseas processing
included manufacturing the product’s
injection molded plastic frame and installing
integrated circuits onto a circuit board along
with various diodes, resistors and capacitors.
After such operations, these items were
shipped to the United States for further
processing that included mating a U.S.-origin
circuit board to the foreign-origin frame and
board. The assembled units were thereafter
subjected to various testing procedures. In
consideration of the foregoing, CBP held that
the foreign-origin components, i.e., the ISA
boards, frame assemblies and connector
cables, were substantially transformed when
assembled to completion in the United
States. In finding that the name, character,
and use of the foreign-origin components had
changed during processing in the United
States, CBP noted that the components had
lost their separate identity during assembly
and had become an integral part of a new and
distinct item which was visibly different
from any of the individual foreign-origin
components.
In HQ 735027, dated September 7, 1993, a
device that software companies used to
protect their software from piracy was under
consideration for country of origin marking
purposes. The device, referred to as the
‘‘MemoPlug,’’ was assembled in Israel from
parts that were obtained from Taiwan (such
as various connectors and an Electronically
Erasable Programmable Read Only Memory,
or ‘‘EEPROM’’) and Israel (such as an internal
circuit board). After assembly, these
components were shipped to a processing
facility in the United States where the
EEPROM was programmed with special
software. Such processing in the United
States accounted for approximately 50
percent of the final selling price of the
MemoPlugs. In finding that the foreign-origin
components were substantially transformed
in the United States, CBP noted that the U.S.
processing transformed a blank media, the
EEPROM, into a device that performed
functions necessary to the prevention of
software piracy.
We make our determinations based on the
totality of the circumstances. Here, we take
particular note of the fact that the installation
of the Communication Manager software
adds functionality to certain individual
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47611
components and changes functionality of
other components. This software is
developed and tested exclusively by Avaya
in Denver, Colorado. Avaya began
development of Communication Manager in
2002 and since that time has spent significant
resources in the development and
maintenance of the software. In addition,
assembly and installation of the hardware
components that make up the Avaya
Communication Solution will typically take
approximately one month to complete and
are performed in the United States. While the
subassemblies are manufactured in China
and Israel, all of the initial engineering,
development, and design were developed in
the United States.
Based upon the above precedents and the
totality of the circumstances, we find that the
there is a substantial transformation of the
component parts in the United States, the
location where the final assembly and
installation of the hardware as well as the
application of the Communication Manager
software occur. It follows that we find the
country of origin for government
procurement purposes is the United States.
HOLDING:
Based on the facts provided, the assembly,
installation, and programming operations
performed in the United States impart the
essential character to Communication
Manager. As such, Communication Manager
will be considered a product of the United
States for the purpose of government
procurement.
Notice of this final determination will be
given in the Federal Register as required by
19 C.F.R. § 177.29. Any party-at-interest other
than the party which requested this final
determination may request, pursuant to 19
C.F.R. § 177.31, that CBP reexamine the
matter anew and issue a new final
determination. Any party-at-interest may,
within 30 days after publication of the
Federal Register notice referenced above,
seek judicial review of this final
determination before the Court of
International Trade.
Sincerely,
Sandra L. Bell,
Executive Director, Regulations and Rulings,
Office of International Trade.
[FR Doc. 2010–19363 Filed 8–5–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–1928–
DR; Docket ID FEMA–2010–0002]
Iowa; Major Disaster and Related
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
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06AUN1
47612
Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices
This is a notice of the
Presidential declaration of a major
disaster for the State of Iowa (FEMA–
1928–DR), dated July 27, 2010, and
related determinations.
DATES: Effective Date: July 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Recovery Directorate,
Federal Emergency Management
Agency, 500 C Street, SW., Washington,
DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that, in a letter dated July
27, 2010, the President issued a major
disaster declaration under the authority
of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ‘‘Stafford Act’’),
as follows:
SUMMARY:
I have determined that the damage in
certain areas of the State of Iowa resulting
from severe storms and flooding during the
period of May 12–13, 2010, is of sufficient
severity and magnitude to warrant a major
disaster declaration under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq. (the
‘‘Stafford Act’’). Therefore, I declare that such
a major disaster exists in the State of Iowa.
In order to provide Federal assistance, you
are hereby authorized to allocate from funds
available for these purposes such amounts as
you find necessary for Federal disaster
assistance and administrative expenses.
You are authorized to provide Public
Assistance in the designated areas and
Hazard Mitigation throughout the State.
Consistent with the requirement that Federal
assistance is supplemental, any Federal
funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will
be limited to 75 percent of the total eligible
costs.
Further, you are authorized to make
changes to this declaration for the approved
assistance to the extent allowable under the
Stafford Act.
sroberts on DSKD5P82C1PROD with NOTICES
The Federal Emergency Management
Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Thomas A. Hall, of
FEMA is appointed to act as the Federal
Coordinating Officer for this major
disaster.
The following areas of the State of
Iowa have been designated as adversely
affected by this major disaster:
Des Moines and Lee Counties for Public
Assistance.
All counties within the State of Iowa are
eligible to apply for assistance under the
Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
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16:35 Aug 05, 2010
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97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Hazard Mitigation throughout the State.
Consistent with the requirement that Federal
assistance is supplemental, any Federal
funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will
be limited to 75 percent of the total eligible
costs.
Further, you are authorized to make
changes to this declaration for the approved
assistance to the extent allowable under the
Stafford Act.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
The Federal Emergency Management
Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Thomas A. Hall, of
FEMA is appointed to act as the Federal
Coordinating Officer for this major
disaster.
The following areas of the State of
Iowa have been designated as adversely
affected by this major disaster:
[FR Doc. 2010–19467 Filed 8–5–10; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–1930–
DR; Docket ID FEMA–2010–0002]
Iowa; Major Disaster and Related
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
This is a notice of the
Presidential declaration of a major
disaster for the State of Iowa (FEMA–
1930–DR), dated July 29, 2010, and
related determinations.
DATES: Effective Date: July 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Recovery Directorate,
Federal Emergency Management
Agency, 500 C Street, SW., Washington,
DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that, in a letter dated July
29, 2010, the President issued a major
disaster declaration under the authority
of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ‘‘Stafford Act’’),
as follows:
SUMMARY:
I have determined that the damage in
certain areas of the State of Iowa resulting
from severe storms, flooding, and tornadoes
beginning on June 1, 2010, and continuing,
is of sufficient severity and magnitude to
warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et
seq. (the ‘‘Stafford Act’’). Therefore, I declare
that such a major disaster exists in the State
of Iowa.
In order to provide Federal assistance, you
are hereby authorized to allocate from funds
available for these purposes such amounts as
you find necessary for Federal disaster
assistance and administrative expenses.
You are authorized to provide Public
Assistance in the designated areas and
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Adams, Appanoose, Audubon, Buena
Vista, Butler, Cherokee, Clay, Davis, Decatur,
Franklin, Howard, Humboldt, Iowa, Lee,
Lyon, Madison, Marion, Mills, Monroe,
Montgomery, O’Brien, Osceola, Palo Alto,
Ringgold, Shelby, Union, Van Buren,
Wapello, Warren, Wayne, Webster, and
Wright Counties for Public Assistance.
All counties within the State of Iowa are
eligible to apply for assistance under the
Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2010–19465 Filed 8–5–10; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–1929–
DR; Docket ID FEMA–2010–0002]
South Dakota; Major Disaster and
Related Determinations
Federal Emergency
Management Agency, DHS.
AGENCY:
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06AUN1
]]>Agencies
[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47611-47612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19467]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Internal Agency Docket No. FEMA-1928-DR; Docket ID FEMA-2010-0002]
Iowa; Major Disaster and Related Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 47612]]
SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Iowa (FEMA-1928-DR), dated July 27, 2010, and
related determinations.
DATES: Effective Date: July 27, 2010.
FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472, (202) 646-3886.
SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 27, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:
I have determined that the damage in certain areas of the State
of Iowa resulting from severe storms and flooding during the period
of May 12-13, 2010, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Iowa.
In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.
The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas A. Hall, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
The following areas of the State of Iowa have been designated as
adversely affected by this major disaster:
Des Moines and Lee Counties for Public Assistance.
All counties within the State of Iowa are eligible to apply for
assistance under the Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-19467 Filed 8-5-10; 8:45 am]
BILLING CODE 9111-23-P
