Arizona; Major Disaster and Related Determinations, 64320-64321 [2010-26211]
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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
operation, including the number of
components assembled, number of different
operations, time, skill level required,
attention to detail, quality control, the value
added to the article, and the overall
employment generated by the manufacturing
process.
In order to determine whether a substantial
transformation occurs when components of
various origins are assembled into completed
products, CBP considers the totality of the
circumstances and makes such
determinations on a case-by-case basis. The
country of origin of the item’s components,
extent of the processing that occurs within a
country, and whether such processing
renders a product with a new name,
character, and use are primary considerations
in such cases. Additionally, factors such as
the resources expended on product design
and development, the extent and nature of
post-assembly inspection and testing
procedures, and worker skill required during
the actual manufacturing process will be
considered when determining whether a
substantial transformation has occurred. No
one factor is determinative.
You believe that the assembly operations
that take place in the U.S. result in a
substantial transformation of the imported
parts. You note that these parts, by
themselves, cannot function and must be
assembled with the U.S.-made parts to
constitute a working electric self-propelled
vehicle. Given these considerations, you
argue that the U.S. content along with the
fact that 100% of the assembly operations
takes place in the U.S. warrants a
determination that the U.S. is the country of
origin of the vehicles. In support of your
argument, you cite Headquarters Ruling
Letter (‘‘HQ’’) H022169 (May 2, 2008) and HQ
558919 (Mar. 20, 1995).
In HQ H022169, CBP found that an
imported mini-truck glider was substantially
transformed as a result of assembly
operations performed in the United States to
produce an electric mini-truck. Our decision
was based on the fact that, under the
described assembly process, the imported
glider lost its individual identity and became
an integral part of a new article possessing
a new name, character and use. In addition,
a substantial number of the components
added to the imported glider were of U.S.
origin.
In HQ 558919, a country of origin marking
case relied upon in HQ H022169, U.S.
Customs (now CBP) held that an extruder
assembly manufactured in England was
substantially transformed in the United
States when it was wired and combined with
U.S. components (motor, electric controls
and extruder screw) to create a vertical
extruder. In reaching that decision, Customs
emphasized that the imported extruder
subassembly and the U.S. components each
had important attributes that were
functionally necessary to the operation of the
extruder. Consequently, we found that the
imported subassemblies should be excepted
from individual marking, provided that the
cartons in which the U.S. manufacturer
received them were properly marked with
their country of origin.
In both HQ 558919 and HQ H022169, CBP
found that assembly of the imported parts
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16:24 Oct 18, 2010
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together with the U.S. made components
were ‘‘functionally necessary’’ to the
operation of the finished product. The same
is true in this situation. None of the imported
parts, on their own, can function as an
electric vehicle but must be assembled with
other necessary U.S. components, such as the
battery pack, motor, electronics, wiring
assemblies and charger. Moreover, given the
complexity and duration of the U.S.
manufacturing process, we consider those
operations to be more than mere assembly.
Based on the information before us, and
consistent with the CBP rulings cited above,
we find that the Chinese-origin chassis,
plastic body parts and plastic pieces of trim
are substantially transformed by the assembly
operations performed in the United States to
produce electric vehicles. Under the
described assembly process, the imported
parts lose their individual identities and
become integral parts of a new article
possessing a new name, character and use.
Further, components crucial to the making of
an electric vehicle (the battery pack, motor,
electronics, wiring assemblies, and charger)
are of U.S. origin. We conclude, based upon
these specific facts, that the country of origin
of the Fairplay Legacy line of electric
vehicles for purposes of U.S. Government
procurement is the United States.
HOLDING:
The chassis, plastic body parts and plastic
pieces of trim imported from China are
substantially transformed when they are
assembled in the United States with domestic
components. As a result, the country of
origin of Fairplay’s line of golf and
recreational electric vehicles, specifically the
Legacy Eco 2P, Legacy Eco 2P XR, Legacy Eco
4P, Legacy Deluxe 2P, Legacy Deluxe XR 2P,
Legacy Deluxe LTD 2P, Legacy Deluxe HP 2P,
and the Legacy Transport, for purposes of
U.S. Government procurement is the United
States.
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. Pursuant to 19 C.F.R.
§ 177.30, any party-at-interest may, within 30
days of 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. 2010–26314 Filed 10–18–10; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–1940–
DR; Docket ID FEMA–2010–0002]
Arizona; 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 Arizona (FEMA–
1940–DR), dated October 4, 2010, and
related determinations.
DATES: Effective Date: October 4, 2010.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Office of Response and
Recovery, 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
October 4, 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 Arizona resulting
from severe storms and flooding during the
period of July 20 to August 7, 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 Arizona.
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, Sandy Coachman,
of FEMA is appointed to act as the
Federal Coordinating Officer for this
major disaster.
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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
The following areas of the State of
Arizona have been designated as
adversely affected by this major disaster:
Coconino County for Public Assistance.
All counties within the State of Arizona 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. 2010–26211 Filed 10–18–10; 8:45 am]
BILLING CODE 9111–23–P
Coast Guard
[Docket No. USCG–2010–0212]
Interagency Coordinating Committee
on Oil Pollution Research (ICCOPR);
Public Meeting
Coast Guard, DHS.
Notice of meeting.
AGENCY:
Background and Purpose
The Interagency Coordinating
Committee on Oil Pollution Research
(ICCOPR) will hold a public meeting in
New Orleans, LA to hear comments on
the priorities of oil pollution research,
including projects related to the
Deepwater Horizon incident and the
Arctic environment. This meeting is
designed to give the public an
opportunity to provide statements as to
where the ICCOPR, a federally
mandated committee, should focus their
efforts concerning oil pollution
research. Public comment will then be
used to augment the revision of the 1997
Oil Pollution Research and Technology
Plan. This meeting will be open to the
public.
DATES: The Committee will meet on
Wednesday, November 17, 2010, from 9
a.m. to 12 a.m. (noon). This meeting
may close early if all business is
finished. Written material (no more than
2 full pages) and requests to make brief
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SUMMARY:
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If
you have questions on this notice or the
meeting, contact Lieutenant Tracy
Wirth, Assistant to the Chairman of the
ICCOPR, telephone 202–372–2236 or via
e-mail at ICCOPR_staff@uscg.mil.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
oral presentations should reach the
Coast Guard on or before November 12,
2010. Requests to have a copy of your
material (no more than 2 full pages)
distributed to each member of the
committee should reach the Coast Guard
on or before November 12, 2010.
ADDRESSES: The Committee will meet in
the Pisces Room at the Audubon
Aquarium of the Americas, Canal Street
at the River, #1 Canal Street, New
Orleans, Louisiana 70130. Send written
material (no more than 2 full pages) and
requests to make brief oral presentations
to Lieutenant Tracy Wirth, Assistant to
the Chairman of the ICCOPR at
Commandant (CG–533), Office of
Incident Management and Preparedness,
U.S. Coast Guard, 2100 2nd St., SW.,
STOP 7363, Washington, DC 20593–
7363. The ICCOPR staff can also be
contacted via e-mail at
ICCOPR_staff@uscg.mil. This notice and
documents identified in the
SUPPLEMENTARY INFORMATION section as
being available in the docket, may be
viewed in our online docket, USCG–
2010–0212, at https://
www.regulations.gov.
Jkt 223001
Section 7001(a) of the Oil Pollution
Act of 1990 (OPA 90) established the
Interagency Coordinating Committee on
Oil Pollution Research. The purpose of
the Interagency Committee is twofold:
(1) To prepare a comprehensive,
coordinated Federal oil pollution
research and development (R&D) plan;
and (2) to promote cooperation with
industry, universities, research
institutions, state governments, and
other nations through information
sharing, coordinated planning, and joint
funding of projects. The Interagency
Committee was commissioned with 13
members and is chaired by the Coast
Guard. Membership includes:
—National Oceanic and Atmospheric
Administration (NOAA)
—National Institute of Standards and
Technology (NIST)
—Department of Energy (DOE)
—Bureau of Ocean Energy Management,
Regulation, and Enforcement
(BOEMRE)—formally known as MMS
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64321
—United States Fish and Wildlife
Service (USFWS)
—Maritime Administration (MARAD)
—Pipeline and Hazardous Materials
Safety Administration (PHMSA)
—United States Army Corps of
Engineers (USACE)
—United States Navy (USN)
—Environmental Protection Agency
(EPA)
—National Aeronautics and Space
Administration (NASA)
—United States Coast Guard (USCG)
—Federal Emergency Management
Agency (FEMA), United States Fire
Administration (USFA)
Section 7001(b) of the Oil Pollution
Act of 1990 required the Interagency
Committee to prepare an Oil Pollution
Research and Technology Plan. The
Interagency Committee prepared the
original Oil Pollution Research and
Development (R&D) Technology Plan to
define the roles of each Federal agency
involved in oil spill research and
development. The plan was submitted
to Congress in April 1992 and later
reviewed by the National Research
Council’s Committee on Oil Spill
Research and Development under the
auspices of the Marine Board. Using
input from the Marine Board, the
Committee revised the plan in May 1993
to address spill prevention, human
factors, and the field testing/
demonstration of developed response
technologies. The current version of the
plan, still based on Marine Board
recommendations, is dated April 1997.
The Interagency Committee is
coordinating an update of the
Technology Plan during the next two
fiscal years.
Tentative Meeting Agenda
The agenda for the November 17,
2010 Committee meeting is as follows:
(1) 9 a.m.: Convene: Welcome and
Opening Comments by the ICCOPR
Chairman; Captain John Caplis, U.S.
Coast Guard
(2) 9:15 a.m.: ICCOPR Background
and Overview Brief
(3) 9:45 a.m.: Public Comment Period
(4) 11:45 a.m.: Closing Remarks:
Captain John Caplis, U.S. Coast Guard,
Chairman
(5) 12 a.m. (noon): Adjourn
ICCOPR Biennial Report
The Interagency Coordinating
Committee on Oil Pollution Research
Biennial Report for Fiscal Years 2008
and 2009 and the 1997 Oil Pollution
Research and Technology Plan
documents, which will be discussed by
the Committee, may be viewed in our
online docket. Go to https://
www.regulations.gov, enter the docket
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]]>Agencies
[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64320-64321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26211]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Internal Agency Docket No. FEMA-1940-DR; Docket ID FEMA-2010-0002]
Arizona; Major Disaster and Related Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Arizona (FEMA-1940-DR), dated October 4,
2010, and related determinations.
DATES: Effective Date: October 4, 2010.
FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, 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 October 4, 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 Arizona resulting from severe storms and flooding during the
period of July 20 to August 7, 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 Arizona.
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, Sandy Coachman, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
[[Page 64321]]
The following areas of the State of Arizona have been designated as
adversely affected by this major disaster:
Coconino County for Public Assistance.
All counties within the State of Arizona 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. 2010-26211 Filed 10-18-10; 8:45 am]
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