Notice of Submission of Proposed Information Collection to OMB; Fair Housing Initiatives Program Grant Application Testing Training, 4715-4716 [2011-1670]
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
operations that are minimal or simple,
as opposed to complex or meaningful,
will generally not result in a substantial
transformation.
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 argue that the country of origin
of the 7900 System is Mexico because
the components imported into Mexico
are substantially transformed there as a
result of the Mexican assembly
operations, particularly the
downloading of the EOS software. In
support of your argument, you note that
CBP has applied the principle in Data
General in several rulings, such as in
HQ 563012 (May 4, 2004), concerning
the country of origin of a fabric switch,
and in HQ H034843 (May 5, 2009),
concerning the country of origin of a
portable flash drive. However, we note
the factual difference between these
decisions and the instant case. In the
cited decisions final assembly took
place in one country and programming
in another whereas, in the present case,
final assembly and programming take
place in the same country.
You also cite several rulings in which
final assembly and programming of the
concerned device took place in the same
country, which we find to be more on
point with the instant case. In HQ
H082476 (May 11, 2010), and in NY
N083979 (Dec. 3, 2009), the United
States was determined to be the country
of origin of ICS clustered storage units,
when foreign components were
assembled into the units in the U.S. and
programmed here. In HQ H025023
(April 1, 2008), CBP determined that the
Czech Republic was the country of
origin of a fabric switch that was
assembled to completion and
programmed in that country. See also
HQ H089762, dated June 2, 2010 (GTX
Mobile and Handheld Computer), and
VerDate Mar<15>2010
17:27 Jan 25, 2011
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HQ H090115, dated August 2, 2010
(Unified Communications Solution).
In regard to the 7900 System, all the
components are assembled into the 7900
System in Mexico. Once assembled into
the System, the previously programmed
controller assembly is reprogrammed
with the EOS software, which is stated
to impart the functional intelligence to
the System to allow for storage
management, performance monitoring
and access control. According to the
information submitted, the 7900 System
cannot function in its intended manner
without the EOS software downloaded
in Mexico.
We find that the other major operating
hardware components are the controller
assembly and the hard drives set, both
of Thai origin. The purpose of the other
components, the mounting assembly,
slot drive module assembly, and cabinet
assembly, is to mainly hold the
operating assembly components in
place. These may be of Mexican origin
or some other country of origin. As they
are not as important to the overall
working capabilities of the 7900 System,
we do not find that their origin affects
the outcome of determining the origin of
the 7900 System.
In prior decisions, the country where
the software was developed and where
the programming occurred, was
determined to be important. In this case,
the software, developed in the U.S., is
claimed to be important to the function
of the 7900 System. However, the
downloading of the software and
assembly of the system occurs in
Mexico. In addition, considering that
the other two operating systems are not
of Mexican origin, the assembly
involves multiple countries of origin
with development and programming
also occurring in two different
countries. Accordingly, we find that as
a result of the assembly and
programming operations that take place
in Mexico, the imported components of
various origins lose their individual
identities and are substantially
transformed into a new and different
article, that is, the 7900 System.
Therefore, the country of origin of the
7900 System is Mexico.
HOLDING:
Based on the facts provided, the
assembly and programming operations
performed in Mexico on the
components of the 7900 System give
rise to a new and different article, the
7900 System. As such, the 7900 System
is to be considered a product of Mexico
for purposes of U.S. Government
procurement.
Notice of this final determination will
be given in the Federal Register, as
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4715
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. 2011–1674 Filed 1–25–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5482–N–02]
Notice of Submission of Proposed
Information Collection to OMB; Fair
Housing Initiatives Program Grant
Application Testing Training
Office of the Chief Information
Officer, HUD.
ACTION: Notice of proposed information
collection.
AGENCY:
The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review and approval, as required by the
Paperwork Reduction Act of 1995. The
Department is soliciting public
comments on the subject proposal.
This is a request for approval to
provide technical assistance (training) to
promote a greater and more consistent
use to Testing and development of
consistent Testing Methodologies
among FHIP grantees.
DATES: Comments due on or before:
March 28, 2011.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments must be
received within 60 days from the date
of this Notice. Comments should refer to
the proposal by name and/or OMB
Control Number, and should be sent to:
HUD Desk Officer, Office of
Management and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, Washington,
DC 20503, e-mail
OIRA_Submission@OMB.EOP.GOV.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Myron P. Newry, Director, FHIP
Support Division, Office of Programs,
E:\FR\FM\26JAN1.SGM
26JAN1
mstockstill on DSKH9S0YB1PROD with NOTICES
4716
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
Room 5230, 451 Seventh Street, SW.,
Washington, DC 20410–2000; e-mail
myron.p.newry@hud.gov; telephone
number (202) 708–2215 (this is not a
toll-free number). A
telecommunications device (TTY) for
hearing and speech impaired persons is
available at 1–800–877–8339 (this is a
toll-free number).
SUPPLEMENTARY INFORMATION: The
Department is submitting this proposed
information collection requirement to
OMB for processing, as described below.
This notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
information collection in order to:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the agency’s
estimate of the proposed collection of
information; (3) Enhance the quality,
utility and clarity of the information
which must be collected; and (4)
Minimize the burden of the information
collection on those who are to respond,
including the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., electronic transmission of data.
Title of Regulation: 24 CFR Part 125,
Fair Housing Initiatives Program.
OMB Control Number, if applicable:
To be assigned.
Description of information collection:
The proposed information collection is
intended to provide consistency in
testing and testing methodologies. In
addition, it will entail the creation of a
course to train coordinators at fair
housing organizations nationwide on
paired testing. Participants will learn
consistent methodologies for rental
tests, home buying tests, and lending
tests for race, familial status, disability,
and national origin. The course will
cover both in-person and telephone
testing. With respect to methodology the
course will cover, at minimum, testers
training, creating tester profiles, proper
and consistent procedures for
structuring tests, producing tester
reports, and debriefing testers.
Agency form number(s), if applicable:
HUD forms have been identified in the
Department’s General Section.
Members of affected public: Qualified
Fair Housing Organizations (QFHOs)
Fair Housing Organizations (FHOs);
public or private non-profit
organizations or institutions and other
public or private entities that are
working to prevent or eliminate
discriminatory housing practices; State
and local governments; and Fair
Housing Assistance Program Agencies.
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17:27 Jan 25, 2011
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Estimation of the total numbers of
hours needed to prepare the information
collection including the number of
respondents, frequency of response, and
hours of response: An estimation of the
total number of hours needed to prepare
the information collection is 4,793, the
likely number of respondents is 50, with
a frequency response of 4 per annum.
Status of the proposed information
collection: Proposed new collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C. Chapter 35, as amended.
Dated: January 19, 2011.
Myron P. Newry,
Director, FHIP Support Division, Office of
Fair Housing and Equal Opportunity.
[FR Doc. 2011–1670 Filed 1–25–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
[Docket No. BOEM–2010–0075]
Commercial Leasing for Wind Power
on the Outer Continental Shelf (OCS)
Off Delaware, Notice of Proposed
Lease Area and Request for
Competitive Interest
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Request for Competitive Interest
(RFCI) in Proposed Lease Area off
Delaware.
AGENCY:
BOEMRE provides public
notice of a proposed lease area for
commercial wind development on the
OCS off Delaware and requests
submission of indications of
competitive interest. The proposed lease
area was identified through the issuance
of a Request for Interest (RFI) published
in the Federal Register on April 26,
2010 (75 FR 21653). In response to that
notice, BOEMRE received two
nominations of proposed lease areas:
One from Bluewater Wind Delaware
LLC (Bluewater) and another from
Occidental Development & Equities,
LLC (Occidental). Subsequently,
BOEMRE determined that Bluewater is
qualified to hold an OCS commercial
wind lease in accordance with the
regulatory requirements at 30 CFR
285.106 and .107, and that Occidental
did not provide the necessary
documentation demonstrating that it
was qualified to hold an OCS
commercial lease at the time. As a
result, Occidental’s lease nomination
was nullified and Bluewater’s
nomination remained as the only
SUMMARY:
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eligible expression of interest upon
which to base the proposed lease area.
In accordance with 30 CFR 285.232, by
letter dated November 8, 2010, BOEMRE
informed Bluewater that there appeared
to be no competitive interest in the
proposed lease area and requested that
Bluewater inform BOEMRE if it wished
to proceed with acquiring a lease. By
correspondence dated December 3 and
December 9, 2010, Bluewater Wind
stated its intention to acquire a lease for
the proposed lease area and provided
documentation that it had submitted the
required acquisition fee.
This RFCI is published pursuant to
subsection 8(p)(3) of the OCS Lands Act,
as amended by section 388 of the Energy
Policy Act of 2005 (EPAct) (43 U.S.C.
1337(p)(3)), and the implementing
regulations at 30 CFR Part 285.
Subsection 8(p)(3) of the OCS Lands Act
requires that OCS renewable energy
leases, easements, and rights-of-way be
issued ‘‘on a competitive basis unless
the Secretary determines after public
notice of a proposed lease, easement, or
right-of-way that there is no competitive
interest.’’ This RFCI provides such
public notice for the proposed lease
area. Also, with this announcement
BOEMRE invites all interested and
affected parties to comment and provide
information—including information on
existing uses and environmental issues
and concerns—that will be useful in the
environmental analysis of potential
wind development activities in the
proposed lease area. A detailed
description of the proposed lease area is
presented below.
DATES: BOEMRE must receive your
indication of competitive interest for
this entire proposed lease area no later
than February 10, 2011 for your
submission to be considered. BOEMRE
requests comments or other submissions
of information by this same date. We
will consider only valid submissions
that meet the criteria set forth in 30 CFR
Part 285 received by the due date above.
SUBMISSION PROCEDURES: You may
submit your indication of competitive
interest by one of two methods:
1. Electronically: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2010–0075, and then click ‘‘search’’.
Follow the instructions to submit public
comments and view supporting and
related materials available for this
notice. BOEMRE will post all
comments.
2. By mail, sending your indication of
interest, comments, and information to
the following address: Bureau of Ocean
Energy Management, Regulation and
Enforcement, Office of Offshore
E:\FR\FM\26JAN1.SGM
26JAN1
]]>Agencies
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4715-4716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1670]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5482-N-02]
Notice of Submission of Proposed Information Collection to OMB;
Fair Housing Initiatives Program Grant Application Testing Training
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of proposed information collection.
-----------------------------------------------------------------------
SUMMARY: The proposed information collection requirement described
below will be submitted to the Office of Management and Budget (OMB)
for review and approval, as required by the Paperwork Reduction Act of
1995. The Department is soliciting public comments on the subject
proposal.
This is a request for approval to provide technical assistance
(training) to promote a greater and more consistent use to Testing and
development of consistent Testing Methodologies among FHIP grantees.
DATES: Comments due on or before: March 28, 2011.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments must be received within 60 days from the date
of this Notice. Comments should refer to the proposal by name and/or
OMB Control Number, and should be sent to: HUD Desk Officer, Office of
Management and Regulatory Affairs, Office of Management and Budget, New
Executive Office Building, Washington, DC 20503, e-mail OIRA_Submission@OMB.EOP.GOV.
FOR FURTHER INFORMATION CONTACT: Myron P. Newry, Director, FHIP Support
Division, Office of Programs,
[[Page 4716]]
Room 5230, 451 Seventh Street, SW., Washington, DC 20410-2000; e-mail
myron.p.newry@hud.gov; telephone number (202) 708-2215 (this is not a
toll-free number). A telecommunications device (TTY) for hearing and
speech impaired persons is available at 1-800-877-8339 (this is a toll-
free number).
SUPPLEMENTARY INFORMATION: The Department is submitting this proposed
information collection requirement to OMB for processing, as described
below.
This notice is soliciting comments from members of the public and
affected agencies concerning the proposed information collection in
order to: (1) Evaluate whether the proposed information collection is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (2)
Evaluate the accuracy of the agency's estimate of the proposed
collection of information; (3) Enhance the quality, utility and clarity
of the information which must be collected; and (4) Minimize the burden
of the information collection on those who are to respond, including
the use of appropriate automated collection techniques or other forms
of information technology, e.g., electronic transmission of data.
Title of Regulation: 24 CFR Part 125, Fair Housing Initiatives
Program.
OMB Control Number, if applicable: To be assigned.
Description of information collection: The proposed information
collection is intended to provide consistency in testing and testing
methodologies. In addition, it will entail the creation of a course to
train coordinators at fair housing organizations nationwide on paired
testing. Participants will learn consistent methodologies for rental
tests, home buying tests, and lending tests for race, familial status,
disability, and national origin. The course will cover both in-person
and telephone testing. With respect to methodology the course will
cover, at minimum, testers training, creating tester profiles, proper
and consistent procedures for structuring tests, producing tester
reports, and debriefing testers.
Agency form number(s), if applicable: HUD forms have been
identified in the Department's General Section.
Members of affected public: Qualified Fair Housing Organizations
(QFHOs) Fair Housing Organizations (FHOs); public or private non-profit
organizations or institutions and other public or private entities that
are working to prevent or eliminate discriminatory housing practices;
State and local governments; and Fair Housing Assistance Program
Agencies.
Estimation of the total numbers of hours needed to prepare the
information collection including the number of respondents, frequency
of response, and hours of response: An estimation of the total number
of hours needed to prepare the information collection is 4,793, the
likely number of respondents is 50, with a frequency response of 4 per
annum.
Status of the proposed information collection: Proposed new
collection.
Authority: The Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35, as amended.
Dated: January 19, 2011.
Myron P. Newry,
Director, FHIP Support Division, Office of Fair Housing and Equal
Opportunity.
[FR Doc. 2011-1670 Filed 1-25-11; 8:45 am]
BILLING CODE 4210-67-P
