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Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Notices

origin components, and that the United
States was the country of origin.
In HQ H175415, dated October 4, 2011,
hardware components were assembled into
complete Ethernet switches in China. The
switches were then shipped to the U.S.,
where they were programmed with EOS
software, developed in the U.S. The U.S.origin EOS software enabled the imported
switches to interact with other network
switches through network switching and
routing, and allowed for the management of
functions such as network performance
monitoring and security and access control.
Without this software, the imported devices
could not function as Ethernet switches. As
a result of the programming performed in the
U.S., with software developed in the U.S.,
CBP found that the imported switches were
substantially transformed in the U.S.
In HQ H215555 (July 13, 2012), fully
assembled SheevaPlug microcomputers were
imported into the United States, where they
were programmed with Pwnie Express
proprietary software developed in the U.S.
The custom software provided a web-based
interface for configuring the microcomputers
into Pwn Plugs. In addition, the U.S. software
allowed Pwn Plugs to provide secure,
persistent and reliable remote access over a
variety of network protocols and customer
environments. Without the U.S.-origin Pwnie
Express software, an imported
microcomputer could not function as a Pwn
Plug. As a result of the programming
performed in the U.S., with software
developed in the U.S., we found that the
imported microcomputers were substantially
transformed in the U.S. and that the country
of origin of Pwn Plugs was the United States.
In this case, fully assembled digital storage
devices are imported into the United States.
Mechanically, the HDDs consist of magnetic
heads and a PBC. Their purpose is to store
data. Accordingly, in their imported
condition they are completely nonfunctional, in that, their disk heads cannot
move, they cannot store or retrieve data, and
they cannot be recognized or listed by a
computer or network. The imported HDDs
only have a basic ability to communicate
through a serial port using a proprietary
Seagate protocol that is used solely to install
firmware and to test the devices. They are
programmed in the U.S. with U.S.-origin
Servo firmware, which causes the HDD to
function mechanically by controlling the
motors, preamp and servo mechanisms,
which operate the recording media and disk
heads in the HDA. They are also programmed
in the U.S. with U.S.-origin Controller
firmware, which manages all communication
between the host and target drives as well as
all data management within the drive. In
particular, Controller firmware allows data
files to be stored on the recording media in
the HDA, found and listed within
applications, and saved, retrieved and
overwritten. Together, the U.S.-origin
firmware causes the imported HDDs to
function as digital storage devices. As a result
of the programming performed in the U.S.,
with software primarily developed in the
U.S., we find that the imported HDDs are
substantially transformed in the U.S. See
Data General, C.S.D. 84–85, HQ 215555, HQ

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052325, HQ 558868, HQ 735027, and HQ
733085. The country of origin of the HDDs
is the United States.
Counsel also argues that SEDs are different
products than standard HDDs because they
undergo an additional substantial
transformation. Specifically, counsel states
that the U.S.-origin security firmware with
which HDD is programmed in the U.S.
converts a standard HDD into a SED, a
controlled encryption device for U.S. export
control purposes. In addition, counsel states
that the SED performs different functions
than a standard HDD, has different labeling
and part numbers, is marketed and sold in a
different market than the HDD (a separate
portion of the Seagate website is devoted to
security devices such as SEDs), and is priced
differently. We agree. To the extent that the
HDDs are programmed with additional U.S.origin security firmware, the country of
origin of the SEDs will be the United States.
Nonetheless, this determination concerns
whether the HDDs and SEDs are products 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. Consequently, the question
of whether additional programming
performed in the U.S., using U.S.-origin
firmware incorporating an encryption code,
transforms the HDD into a SED subject to
U.S. export control jurisdiction is outside the
scope of this determination.
Please be advised that whether the HDDs
may be marked ‘‘Made in the U.S.A.’’ or with
similar words, is an issue under the authority
of the Federal Trade Commission (‘‘FTC’’).
We suggest that you contact the FTC,
Division of Enforcement, 6th and
Pennsylvania Avenue, NW, Washington, DC
20508, on the propriety of markings
indicating that articles are made in the
United States.
HOLDING:
Based on the facts provided, the
programming operations performed in the
United States impart the essential character
to Seagate’s hard disk drives. As such, the
HDDs are considered products of the United
States for purposes of U.S. 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. 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. 2013–20425 Filed 8–20–13; 8:45 am]
BILLING CODE 9111–14–P

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DEPARTMENT OF THE INTERIOR
Geological Survey
[GX13N05ESB0500]

Agency Information Collection
Activities: Comment Request
U.S. Geological Survey (USGS),
Interior.
ACTION: Notice of a new information
collection, Registry of Climate Change
Vulnerability Assessments.
AGENCY:

We (the U.S. Geological
Survey) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. To comply with the
Paperwork Reduction Act of 1995 (PRA)
and as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC.
DATES: Submit written comments on or
before October 21, 2013.
ADDRESSES: You may submit comments
on this IC to the Information Collection
Clearance Officer, U.S. Geological
Survey, 12201 Sunrise Valley Drive, MS
807, Reston, VA 20192 (mail); (703)
648–7197 (fax); or [email protected]
(email). Please reference ‘‘Information
Collection 1028—NEW, Registry of
Climate Change Vulnerability
Assessments’’ in the subject line.
FOR FURTHER INFORMATION CONTACT:
Laura Thompson, National Climate
Change and Wildlife Science Center,
U.S. Geological Survey, 12201 Sunrise
Valley Drive, Mail Stop 400, Reston, VA
20192 (mail); 703–648–4083 (phone); or
[email protected] (email).
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
The USGS proposes to collect
information on existing assessments of
the vulnerability of various resources
and societal assets to climate change
(hereafter VA or ‘‘vulnerability
assessments’’). This information will
include organization conducting the
study, its location, the topical focus of
the assessment, methodology and
supporting data used, and point of
contact information. Because many
governmental and nongovernmental
parties are conducting such
assessments, and because their
conclusions, methodologies, and related
data assets may be of interest or utility
to others contemplating such
assessments, the USGS will make the
information collected available on the
Web in the form of a simple registrytype database. Users, including the

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Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Notices

mstockstill on DSK4VPTVN1PROD with NOTICES

general public, scientists, resource
management agencies, and others will
be able to search the database by various
keywords of interest.
II. Data
OMB Control Number: 1028—NEW.
Title: Registry of Climate Change
Vulnerability Assessments.
Type of Request: New information
collection.
Affected Public: Federal agencies,
state, tribal and nongovernmental
partners, individual scientists, and
others involved in the conduct of
climate change vulnerability
assessments.
Respondent’s Obligation: None
(participation is voluntary).
Frequency of Collection: This
information will be collected initially
and reviewed at least annually. All
listed Registry projects will be contacted
and requested to update their
information; Federal agencies
participating in the Registry will
conduct ‘‘data calls’’ according to
agency practice to identify new agency
projects, and external partners will be
reminded via Web posting and
community-of-practice networking that
new projects may be added to the
Registry. Additional entries may be
added at any time, as information
becomes available.
Estimated Total Number of Annual
Responses: Approximately 1360
responses (i.e., additions to the registry)
are expected in the initial data
collection phase (first year), including
approximately 1200 from Federal
organizations and approximately 160
state/local, tribal, and nongovernmental
organizations. In subsequent years,
annual additions to the registry are
expected to be 100 or fewer.
Estimated Time per Response: We
estimate that it will take one hour per
person to document a single assessment
project for inclusion in the registry. In
future years, reviewing project
information to ensure currency or
identifying new projects is expected to
require de minimis effort.
Estimated Annual Burden Hours:
1360 in year one and less than 100 in
each subsequent year.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: There are no ‘‘non-hour cost’’
burdens associated with this collection
of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor and
you are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a

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collection of information, you are not
obligated to respond.
Comments: We are soliciting
comments as to: (a) Whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) the accuracy of
the agency’s estimate of the burden of
the proposed collection of information;
(c) how to enhance the quality,
usefulness, and clarity of the
information to be collected; and (d) how
to minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Please note that the comments
submitted in response to this notice are
a matter of public record. We will
include or summarize each comment in
our request to OMB to approve this IC.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: August 15, 2013.
Thomas D. Beard, Jr.,
Chief, National Climate Change and Wildlife
Science Center, U.S. Geological Survey.
[FR Doc. 2013–20361 Filed 8–20–13; 8:45 am]
BILLING CODE 4311–AM–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAN06000–L14300000–ET0000/CACA
54303]

Notice of Application for Withdrawal
and Opportunity for Public Meeting;
California
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:

The United States Forest
Service (USFS) filed an application with
the Bureau of Land Management (BLM)
requesting the Secretary of the Interior
to withdraw approximately 541 acres of
National Forest System lands in the
Shasta-Trinity National Forest for a
period of 20 years, from location and
entry under the United States mining
laws, but not from leasing under the
mineral or geothermal leasing laws. The
purpose of the withdrawal would be to
protect the cultural, recreational, and

SUMMARY:

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biological resources within and along
the Trinity River Wild and Scenic River
(TRWSR) located in Trinity County,
California. This notice temporarily
segregates the lands from location and
entry under the United States mining
laws for up to 2 years while the
withdrawal application is considered.
This notice also gives the public an
opportunity to comment on the
withdrawal application and to request a
public meeting.
DATES: Comments and/or requests for a
public meeting should be received by
November 19, 2013.
ADDRESSES: Comments and/or requests
for a public meeting should be sent to
California State Director, Bureau of
Land Management, 2800 Cottage Way,
Suite W1623, Sacramento, CA 95825–
1886.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Easley, BLM California State
Office, 916–978–4673, or Brenda Tracy,
Shasta-Trinity National Forest
Headquarters, 530–226–2500 during
regular business hours, 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individuals. The
FIRS is available 24 hours a day, 7 days
a week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The USFS
has filed an application requesting that
the Secretary of the Interior withdraw,
subject to valid existing rights, the
following described lands located in
Trinity County, California, from location
and entry under the United States
mining laws, but not from leasing under
the mineral or geothermal leasing laws,
to protect the cultural, recreational, and
biological resources within the TRWSR:
Mount Diablo Meridian
T. 33 N., R. 8 W.,
sec. 8, S1⁄2SW1⁄4;
sec. 18, E1⁄2NE1⁄4NE1⁄4 and SE1⁄4SE1⁄4NE1⁄4.
T. 32 N., R. 10 W.,
sec. 4, lot 4 except that portion in Mineral
Entry Patent 28914 (described as the
W1⁄2 of said lot 4), and SW1⁄4NW1⁄4;
sec. 5, lot 7 and SE1⁄4NE1⁄4.
T. 33 N., R. 10 W.,
sec. 29, lots 8, 9, 10, 15, and 18;
sec. 30, lots 7 and 8;
sec. 32, lots 12 and 14, W1⁄2NE1⁄4NW1⁄4,
and W1⁄2SE1⁄4NW1⁄4.
The areas described aggregate 541 acres,
more or less, in Trinity County, California.

The above-described lands being
National Forest System lands, the
Secretary shall make a withdrawal only

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