Alabama; Amendment No. 1 to Notice of an Emergency Declaration, 62329-62330 [2018-26099]

Download as PDF Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices Dated: November 23, 2018. Alice A. Kipel, Executive Director,Regulations and Rulings, Office of Trade. H292678 November 23, 2018 OT:RR:CTF:VS H292678 TMF CATEGORY: Origin Patrick Devaney, Director ANOI, Inc. 111 W. Ocean Blvd, Suite 1590 Long Beach, CA 90802 Re: U.S. Government Procurement; Country of Origin of Jet Fuel; Title III, Trade Agreements Act of 1979 (19 U.S.C. § 2511, et seq.); Subpart B, Part 177, CBP Regulations Dear Mr. Devaney: This is in response to your letter dated December 2, 2017, requesting a final determination, on behalf of your company, ANOI, Inc., concerning the country of origin of certain jet fuel pursuant to subpart B of Part 177 of the U.S. Customs and Border Protection (‘‘CBP’’) Regulations (19 C.F.R. § 177.21 et seq.). ANOI, Inc., submitted an electronic ruling request to the National Commodity Specialist Division (‘‘NCSD’’) which was sent to our office. We note that Anoi is a party-at-interest within the meaning of 19 C.F.R. § 177.22(d)(1) and is entitled to request this final determination. FACTS: Anoi, Inc. produces jet fuel (identified as JP5) in India from U.S. or Mexican petroleum crude oil. The JP5 is intended to be sold to the U.S. Defense Logistics Agency (‘‘DLA’’) in a solicitation that requires compliance with the Trade Agreements Act of 1979 (‘‘TAA’’). In your submission, you state that an intermediate grade, western Texas and/or Mexican oil will be imported to the Reliance Refinery in Jamnagar, India. At the refinery, you state that ‘‘there will be a ‘one-step’ transformation of crude to straight-run distillate.’’ The process consists of desalting and heating the crude, and then distilling out the sulfur from the middle distillate kerosene with the use of a Merox Oxidation unit that removes the sulfur from the kerosene jet fuel. DLA also requires certain additives to achieve JP5 jet fuel MILSPEC. khammond on DSK30JT082PROD with NOTICES ISSUE: What is the country of origin of the JP5 jet fuel for purposes of U.S. Government procurement? LAW AND ANALYSIS: CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain ‘‘Buy American’’ restrictions in U.S. law or practice for products offered for sale to the U.S. Government, pursuant to subpart B of Part 177, 19 C.F.R. § 177.21 et seq., which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. § 2511 et seq.). Under the rule of origin set forth under 19 U.S.C. § 2518(4)(B): VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. See also 19 C.F.R. § 177.22(a). A substantial transformation occurs when an article emerges from a process with a new name, character, and use different from that possessed by the article prior to processing. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (1940); and National Juice Products Ass’n v. United States, 628 F. Supp. 978 (Ct. Int’l Trade 1986). You claim that the country of origin is either the United States or Mexico for two reasons. First, you state that the source of crude is ‘‘an embargo issue for feedstock in the Solicitation.’’ Second, you claim there is no ‘‘double transformation’’ as in CBP Headquarters Ruling Letters (‘‘HQ’’) 555032, dated September 23, 1988 and HQ 562387, dated July 30, 2002, because the processes in those situations involved ‘‘old technology’’/ mixture-based processes that consisted of hydro-desulfurization, platformers and naptha-blends. However, in this case, ANOI, Inc. proposes to refine, by the process of distillation, and additional processes, U.S. or Mexican origin, petroleum crude oil at the Reliance Petroleum Refinery in Jamnagar, India into U.S. JP5 specification jet fuel. You state that a ‘‘straight-run’’ process occurs because it uses a Merox filter unit that involves no chemical mixing except for inclusion of the JP5 additive, which is required by DLA. Accordingly, you claim no substantial transformation occurs in India. In this case, we find the JP5 specification jet fuel is clearly a new and different article with a new name, character, and use from that of the petroleum crude oil from which it was refined. Although there may be no double substantial transformation, the process to create jet fuel from straight crude oil to straight-run distillate still involves desalting and the application of heat distillation coupled with the utilization of the Merox Oxidation unit to remove sulfur, which results in the creation of jet fuel. According to our Laboratories and Scientific Services Directorate, the petroleum crude oil is substantially transformed into JP5 by the petroleum refining process of distillation. This finding is consistent with our decision in HQ 555032, where a first substantial transformation was found to occur after distillation. Therefore, we find the country of origin of the produced JP5 will be the country in which the substantial transformation (distillation) occurs, namely India. HOLDING: Based upon the specific facts of this case, the country of origin of the JP5 jet fuel for purposes of U.S. Government procurement will be India. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 62329 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, Alice A. Kipel, Executive Director, Regulations & Rulings, Office of Trade. [FR Doc. 2018–26168 Filed 11–30–18; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA–3407– EM; Docket ID FEMA–2018–0001] Alabama; Amendment No. 1 to Notice of an Emergency Declaration Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: This notice amends the notice of an emergency declaration for the State of Alabama (FEMA–3407–EM), dated October 12, 2018, and related determinations. SUMMARY: This amendment was issued November 7, 2018. FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this emergency is closed effective October 13, 2018. DATES: 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 E:\FR\FM\03DEN1.SGM 03DEN1 62330 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 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. (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Brock Long, Administrator, Federal Emergency Management Agency. [FR Doc. 2018–26099 Filed 11–30–18; 8:45 am] BILLING CODE 9111–11–P Brock Long, Administrator, Federal Emergency Management Agency. DEPARTMENT OF HOMELAND SECURITY [FR Doc. 2018–26133 Filed 11–30–18; 8:45 am] BILLING CODE 9111–11–P [Internal Agency Docket No. FEMA–4393– DR; Docket ID FEMA–2018–0001] DEPARTMENT OF HOMELAND SECURITY North Carolina; Amendment No. 10 to Notice of a Major Disaster Declaration Federal Emergency Management Agency Federal Emergency Management Agency, DHS. ACTION: Notice. [Docket ID FEMA–2018–0002] This notice amends the notice of a major disaster declaration for the State of North Carolina (FEMA–4393– DR), dated September 14, 2018, and related determinations. DATES: This amendment was issued November 15, 2018. FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of North Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 14, 2018. Guilford County for Public Assistance, including direct federal assistance (already designated for Individual Assistance). McDowell County for Public Assistance, including direct federal assistance. 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, Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below. The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency’s (FEMA’s) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings. DATES: The date of December 21, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community. ADDRESSES: The FIRM, and if applicable, the FIS report containing the SUMMARY: Community The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification. This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https:// msc.fema.gov. The flood hazard determinations are made final in the watersheds and/or communities listed in the table below. SUPPLEMENTARY INFORMATION: Final Flood Hazard Determinations SUMMARY: khammond on DSK30JT082PROD with NOTICES Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646–7659, or (email) patrick.sacbibit@fema.dhs.gov; or visit the FEMA Map Information eXchange (FMIX) online at https:// www.floodmaps.fema.gov/fhm/fmx_ main.html. FOR FURTHER INFORMATION CONTACT: Federal Emergency Management Agency AGENCY: final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community map repository address Camden County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1616 City of Elizabeth City ................................................................................ VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4703 Planning Department, 302 East Colonial Avenue, Room 308, Elizabeth City, NC 27907. Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62329-62330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26099]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3407-EM; Docket ID FEMA-2018-0001]


Alabama; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Alabama (FEMA-3407-EM), dated October 12, 2018, and 
related determinations.

DATES: This amendment was issued November 7, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this emergency is closed effective October 13, 2018.

    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

[[Page 62330]]

(Presidentially Declared Disasters); 97.039, Hazard Mitigation 
Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-26099 Filed 11-30-18; 8:45 am]
 BILLING CODE 9111-11-P