Tribal Consultation Sessions-Department of the Interior Information Technology Infrastructure Consolidation and Reorganization-Amendment, 43106-43107 [2012-17914]
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43106
Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices
substantially transformed in the U.S. See
Data General, C.S.D. 84–85, HQ 052325, HQ
558868, HQ 735027, and HQ 733085. The
country of origin of Pwn Plugs is the United
States.
When the U.S.-origin Pwn Plugs are
packaged together with cables, wireless
adaptors and modems from China and
memory cards from Taiwan, we find that the
essential character of the products offered for
sale is provided by the U.S.-origin Pwn
Plugs. ‘‘The term ‘character’ is defined as
‘one of the essentials of structure, form,
materials, or function that together make up
and usually distinguish the individual.’’’
Uniden America Corporation v. United
States, 120 F. Supp. 2d. 1091, 1096 (citations
omitted) (Ct. Int’l Trade 2000), citing
National Hand Tool Corp. v. United States,
16 Ct. Int’l Trade 308, 311 (1992). In Uniden
(concerning whether the assembly of cordless
telephones and the installation of their
detachable A/C (alternating current) adapters
constituted instances of substantial
transformation), the Court of International
Trade applied the ‘‘essence test’’ and found
that ‘‘[t]he essence of the telephone is housed
in the base and the handset. Consumers do
not buy the article because of the specific
function of the A/C adapter, but rather
because of what the completed handset and
base provide: communication over telephone
wires.’’ Id. at 1096.
We also find that the memory cards from
Taiwan and the cables, wireless adaptors,
and modems from China are substantially
transformed with the Pwn Plug, in that they
have a new character, use and name because
they are attached to the Pwn Plug. See
Uniden, supra, in which the court also found
that the detachable A/C adapters underwent
a substantial transformation pursuant to the
Generalized System of Preferences (GSP)
when attached to the cordless telephones.
The court noted that the substantial
transformation test is to be applied to the
product as a whole and not to each of its
detachable components. See id.
Consequently, the court found that the A/C
adapter, as part of the cordless phone, had a
new character, use and name. See also HQ
H100055, dated May 28, 2010, in which CBP
found that a detachable hand control and
battery charger were substantially
transformed when attached to a lift unit. In
addition, the Court in Uniden noted that the
cordless telephone with its detachable
components was a ‘‘GRI 1 article’’ and not a
set, mixture or composite good. Id. at 1099–
1100 (addressing the applicability of T.D. 91–
7, Cust. B. 7, entitled ‘‘Eligibility of Sets,
Mixtures and Composite Goods for Special
Tariff Treatment Programs’’ to the cordless
telephones at issue, the Court noted that ‘‘[i]f
the Department of Treasury had meant for
T.D. 91–7 to apply to GRI 1 articles, it would
not have chosen to make frequent use of the
very specific language ‘sets, mixtures and
composite goods’ throughout T.D. 91–7.’’).
Likewise, in this instance, we find that when
Pwn Plugs are packaged together with cables,
wireless adaptors, modems, and memory
cards they are GRI 1 articles.
Based on the findings of the court in
Uniden, we find that the cables, wireless
adaptors, modems, and memory cards are
substantially transformed when attached to
Pwn Plugs. Moreover, they are packaged
together with Pwn Plugs and offered for sale
as GRI 1 articles. Consequently, the country
of origin of Pwn Plugs for purposes of U.S.
government procurement will be the United
States.
Please contact the Trade Commission,
Division of Enforcement, 6th and
Pennsylvania Avenue NW, Washington, DC
20508, on whether the Pwn Plugs may be
marked ‘‘Made in the U.S.A.’’
HOLDING:
Based on the facts provided, the
programming operations performed in the
United States impart the essential character
to Pwn Plugs. As such, Pwn Plugs are
considered products of the United States for
purposes of U.S. Government procurement.
Moreover, because Pwn Plugs convey the
essential character of the retail products, and
the adapters, modems and memory cards are
used with the Pwn Plugs, they are
substantially transformed when attached to
the Pwn Plugs. The country of origin of the
adapters, modems and memory cards for
purposes of U.S. government procurement,
when packaged with Pwn Plugs, 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. 2012–17805 Filed 7–20–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Tribal Consultation Sessions—
Department of the Interior Information
Technology Infrastructure
Consolidation and Reorganization—
Amendment
Office of the Assistant
Secretary for Policy, Management and
Budget, Interior.
AGENCY:
Notice of meetings;
Amendment.
ACTION:
The Office of the Assistant
Secretary for Policy, Management and
Budget hosted a tribal consultation
session on June 13, 2012, at the Office
of the Special Trustee in Albuquerque,
NM. This amendment includes
additional tribal consultation sessions.
The purpose of the sessions is to obtain
tribal input on the 2012 Information
Technology transformation realignment
proposal as well as on how Information
Technology transformation should be
implemented in the coming years.
SUMMARY:
DATES: See the SUPPLEMENTARY
INFORMATION section of this notice
for
dates of the tribal consultation sessions.
We will consider all comments received
by close of business on August 22, 2012.
ADDRESSES: See the SUPPLEMENTARY
INFORMATION section of this notice for
locations of the tribal consultation
sessions. Submit comments by email to:
ITT_consultation@ios.doi.gov or by U.S.
mail to: IT Transformation Comments,
Office of the Chief Information Officer,
U.S. Department of the Interior, Mail
Stop 7454, MIB, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT:
Andrew Jackson, Deputy Assistant
Secretary for Technology, Information
and Business Services, (202) 208–7966.
The
Assistant Secretary for Policy,
Management and Budget will be hosting
the following tribal consultation
sessions and invites tribal leaders to
participate:
SUPPLEMENTARY INFORMATION:
CONSULTATION SCHEDULE
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Date
Time
Location
August 14, 2012 ..............................
1:30 p.m.–3:30 p.m. ......................
August 21, 2012 ..............................
1:30 p.m.–3:30 p.m. ......................
August 23, 2012 ..............................
1:30 p.m.–3:30 p.m. ......................
National Indian Programs Training Center, 1011 Indian School Road
NW., Suite 254, Albuquerque, NM 87104.
Hilton Sacramento Arden West, 2200 Harvard Street, Sacramento,
CA 95815.
Mystic Lake Casino Hotel, 2400 Mystic Lake Boulevard, Prior Lake,
MN 55372.
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices
operated to ensure responsiveness to
tribes’ needs.
Overview of IT Transformation
Reorganization and Consolidation
Proposal
IT Transformation and Indian
Preference Positions
IT Transformation and Native-owned
business contracting strategy
IT Transformation Customer Council
and Ensuring Service Delivery
mstockstill on DSK4VPTVN1PROD with NOTICES
The agenda topics for each session
will be:
Rhea Suh,
Assistant Secretary for Policy, Management
and Budget.
A brief description of each of the
topics is provided below. Additional
information is posted at: https://
www.doi.gov/ocio/ittransformation.cfm.
Overview of IT Transformation
Reorganization and Consolidation
Proposal: The Assistant Secretary for
Policy, Management and Budget is
seeking tribal input on the current
proposal to transfer IT infrastructure
personnel, assets, and contracts from
bureaus and offices to a newly
established IT Shared Service Center in
the Office of the Chief Information
Officer (OCIO).
IT Transformation and Indian
Preference Positions: Although analysis
is still underway to determine the final
number of impacted positions,
approximately 125 Indian Preference
positions would be transferred to the
OCIO from the Assistant Secretary for
Indian Affairs, Bureau of Indian Affairs,
Bureau of Indian Education, and Office
of Special Trustee. It is DOI’s intention
to maintain all of these positions as
Indian Preference in the IT Shared
Service Center. The Assistant Secretary
for Policy, Management and Budget is
seeking tribal input on the proposed
approach to transfer Indian Preference
positions into the IT Shared Service
Center.
IT Transformation and Native-owned
business contracting strategy: The
Department of the Interior is committed
to ensuring that Native-owned
businesses will be engaged in the
implementation of IT transformation.
The Assistant Secretary for Policy,
Management and Budget seeks tribal
input on the IT transformation
contracting strategy as it relates to
Native-owned businesses.
IT Transformation Customer Council
and Ensuring Service Delivery: To
ensure that bureau and office IT
infrastructure needs are met to ensure
mission continuity, a Customer Council
will be established. The Assistant
Secretary for Policy, Management and
Budget seeks tribal input on how the
Customer Council is established and
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[FR Doc. 2012–17914 Filed 7–20–12; 8:45 am]
BILLING CODE 4310–RH–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Species
Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications;
request for public comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
endangered or threatened species. The
Endangered Species Act of 1973, as
amended (Act), prohibits activities with
endangered and threatened species
unless a Federal permit allows such
activities. The Act and the National
Environmental Policy Act also require
that we invite public comment before
issuing these permits.
DATES: To ensure consideration, written
comments must be received on or before
August 22, 2012.
ADDRESSES: Marty Tuegel, Section 10
Coordinator, by U.S. mail at Division of
Endangered Species, U.S. Fish and
Wildlife Service, P.O. Box 1306, Room
6034, Albuquerque, NM at (505) 248–
6920. Please refer to the respective
permit number for each application
when submitting comments.
FOR FURTHER INFORMATION CONTACT:
Susan Jacobsen, Chief, Endangered
Species Division, P.O. Box 1306,
Albuquerque, NM 87103; (505) 248–
6651.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Public Availability of Comments
The Act (16 U.S.C. 1531 et seq.)
prohibits activities with endangered and
threatened species unless a Federal
permit allows such activities. Along
with our implementing regulations in
the Code of Federal Regulations (CFR) at
50 CFR 17, the Act provides for permits,
and requires that we invite public
comment before issuing these permits.
A permit granted by us under section
10(a)(1)(A) of the Act authorizes
applicants to conduct activities with
U.S. endangered or threatened species
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43107
for scientific purposes, enhancement of
survival or propagation, or interstate
commerce. Our regulations regarding
implementation of section 10(a)(1)(A)
permits are found at 50 CFR 17.22 for
endangered wildlife species, 50 CFR
17.32 for threatened wildlife species, 50
CFR 17.62 for endangered plant species,
and 50 CFR 17.72 for threatened plant
species.
Applications Available for Review and
Comment
We invite local, State, Tribal, and
Federal agencies, and the public to
comment on the following applications.
Please refer to the appropriate permit
number (e.g., Permit No. TE–123456)
when requesting application documents
and when submitting comments.
Documents and other information the
applicants have submitted with these
applications are available for review,
subject to the requirements of the
Privacy Act (5 U.S.C. 552a) and
Freedom of Information Act (5 U.S.C.
552).
Permit TE–039571
Applicant: Garcia and Associates,
Arcata, California.
Applicant requests a new permit for
research and recovery purposes to
conduct presence/absence surveys for
southwestern willow flycatcher
(Empidonax traillii extimus) within
Arizona, California, and Nevada.
Permit TE–841359
Applicant: U.S. Department of
Agriculture, Gila National Forest,
Silver City, New Mexico.
Applicant requests an amendment to
a current permit for research and
recovery purposes to conduct presence/
absence surveys and monitoring of
loach minnow (Tiaroga cobitis) and
spikedace (Meda fulgida) within New
Mexico.
Permit TE–819471
Applicant: SWCA, Inc., Salt Lake City,
Utah.
Applicant requests a renewal to a
current permit for research and recovery
purposes to conduct presence/absence
surveys of black-footed ferret (Mustela
nigripes), Kanab ambersnail (Oxyloma
haydeni kanabensis), southwestern
willow flycatcher (Empidonax trailii
extimus), and Yuma clapper rail (Rallus
longirostris yumanensis) within
Arizona, Nevada, and Utah.
Permit TE–028605
Applicant: SWCA, Inc., Flagstaff,
Arizona.
Applicant requests an amendment to
a current permit for research and
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Agencies
[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43106-43107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17914]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Tribal Consultation Sessions--Department of the Interior
Information Technology Infrastructure Consolidation and
Reorganization--Amendment
AGENCY: Office of the Assistant Secretary for Policy, Management and
Budget, Interior.
ACTION: Notice of meetings; Amendment.
-----------------------------------------------------------------------
SUMMARY: The Office of the Assistant Secretary for Policy, Management
and Budget hosted a tribal consultation session on June 13, 2012, at
the Office of the Special Trustee in Albuquerque, NM. This amendment
includes additional tribal consultation sessions. The purpose of the
sessions is to obtain tribal input on the 2012 Information Technology
transformation realignment proposal as well as on how Information
Technology transformation should be implemented in the coming years.
DATES: See the SUPPLEMENTARY INFORMATION section of this notice for
dates of the tribal consultation sessions. We will consider all
comments received by close of business on August 22, 2012.
ADDRESSES: See the SUPPLEMENTARY INFORMATION section of this notice for
locations of the tribal consultation sessions. Submit comments by email
to: ITT_consultation@ios.doi.gov or by U.S. mail to: IT Transformation
Comments, Office of the Chief Information Officer, U.S. Department of
the Interior, Mail Stop 7454, MIB, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Andrew Jackson, Deputy Assistant
Secretary for Technology, Information and Business Services, (202) 208-
7966.
SUPPLEMENTARY INFORMATION: The Assistant Secretary for Policy,
Management and Budget will be hosting the following tribal consultation
sessions and invites tribal leaders to participate:
Consultation Schedule
------------------------------------------------------------------------
Date Time Location
------------------------------------------------------------------------
August 14, 2012............... 1:30 p.m.-3:30 National Indian
p.m.. Programs Training
Center, 1011 Indian
School Road NW.,
Suite 254,
Albuquerque, NM
87104.
August 21, 2012............... 1:30 p.m.-3:30 Hilton Sacramento
p.m.. Arden West, 2200
Harvard Street,
Sacramento, CA
95815.
August 23, 2012............... 1:30 p.m.-3:30 Mystic Lake Casino
p.m.. Hotel, 2400 Mystic
Lake Boulevard,
Prior Lake, MN
55372.
------------------------------------------------------------------------
[[Page 43107]]
The agenda topics for each session will be:
Overview of IT Transformation Reorganization and Consolidation Proposal
IT Transformation and Indian Preference Positions
IT Transformation and Native-owned business contracting strategy
IT Transformation Customer Council and Ensuring Service Delivery
A brief description of each of the topics is provided below.
Additional information is posted at: https://www.doi.gov/ocio/it-transformation.cfm.
Overview of IT Transformation Reorganization and Consolidation
Proposal: The Assistant Secretary for Policy, Management and Budget is
seeking tribal input on the current proposal to transfer IT
infrastructure personnel, assets, and contracts from bureaus and
offices to a newly established IT Shared Service Center in the Office
of the Chief Information Officer (OCIO).
IT Transformation and Indian Preference Positions: Although
analysis is still underway to determine the final number of impacted
positions, approximately 125 Indian Preference positions would be
transferred to the OCIO from the Assistant Secretary for Indian
Affairs, Bureau of Indian Affairs, Bureau of Indian Education, and
Office of Special Trustee. It is DOI's intention to maintain all of
these positions as Indian Preference in the IT Shared Service Center.
The Assistant Secretary for Policy, Management and Budget is seeking
tribal input on the proposed approach to transfer Indian Preference
positions into the IT Shared Service Center.
IT Transformation and Native-owned business contracting strategy:
The Department of the Interior is committed to ensuring that Native-
owned businesses will be engaged in the implementation of IT
transformation. The Assistant Secretary for Policy, Management and
Budget seeks tribal input on the IT transformation contracting strategy
as it relates to Native-owned businesses.
IT Transformation Customer Council and Ensuring Service Delivery:
To ensure that bureau and office IT infrastructure needs are met to
ensure mission continuity, a Customer Council will be established. The
Assistant Secretary for Policy, Management and Budget seeks tribal
input on how the Customer Council is established and operated to ensure
responsiveness to tribes' needs.
Rhea Suh,
Assistant Secretary for Policy, Management and Budget.
[FR Doc. 2012-17914 Filed 7-20-12; 8:45 am]
BILLING CODE 4310-RH-P