60 Day FRN

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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices

cushions and minor parts. Further, no
machining was done in the United States and
no specialized training, skill, or equipment
was required to assemble the exercise
equipment. CBP thus held that no substantial
transformation occurred in the United States.
Similarly, the Court of International Trade
has applied the ‘‘essence test’’ to determine
whether the identity of an article is changed
through assembly or processing. For
example, in Uniroyal, Inc. v. United States,
3 CIT 220, 225, 542 F. Supp. 1026, 1030
(1982), aff’d 702 F.2d 1022 (Fed. Cir. 1983),
the court held that imported shoe uppers
added to an outer sole in the United States
were the ‘‘very essence of the finished shoe’’
and thus were not substantially transformed
into a product of the United States. Similarly,
in National Juice Products Association v.
United States, 10 CIT 48, 61, 628 F. Supp.
978, 991 (1986), the court held that imported
orange juice concentrate ‘‘imparts the
essential character’’ to the completed orange
juice and thus was not substantially
transformed into a product of the United
States.
Here, with respect to Scenario One,
although all or nearly all the parts will be of
Chinese origin, the extent of U.S. assembly
operations is sufficiently complex and
meaningful to result in a substantial
transformation. Unlike the exercise
equipment at issue in HQ 733188, the G3 Dip
and G3 Back Extension under Scenario One
will not be essentially complete when their
component parts are imported. To the
contrary, they will require substantial
additional work to create a functional article
of commerce. Under Scenario 1 for the G3
Dip, U.S. workers will need to produce nine
separate weldments and weld 49 seams to
create the major components that comprise
the finished equipment. Likewise, with
respect to the G3 Back Extension, U.S.
workers will need to produce three separate
weldments and weld 22 seams to create the
major components that comprise the finished
equipment.
In addition to the extensive welding
operations that U.S. workers will undertake
in Wisconsin, the parts that make up the
frame will need to be cleaned and degreased,
ground down, and sprayed with paint and
clear coat in the United States. Next, workers
will assemble 200 to 500 individual parts
that go into the final product in an assembly
process that will involve 148 to 255
individual steps. The assembly process will
involve fastening hardware; adding rubber
grips; capping off tube ends; positioning
pulleys; adding weights, cables, or belts; and
placing warning placards. Together with the
U.S. welding operations, this assembly will
cause the individual parts to lose their
separate identities and to become integral
components of a product with a new name,
character, and use.
In addition to the extent and complexity of
the U.S. assembly operations, several
additional factors weigh in favor of finding
that a substantial transformation will occur
in the United States. As noted above, CBP
also considers the resources expended on
product design and development in the
United States and the degree of skill required
during the actual manufacturing process.

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Here, Johnson will expend significant
resources in the United States on product
development when its U.S.-based engineers
create 3D CAD models and 2D drawings for
use as blueprints during the manufacturing
process. Furthermore, these engineers and
the workers who will weld the subassemblies
together require significant education, skill,
and attention to detail.
With respect to Scenario Two, however,
three of the G3 Dip’s weldments will be
imported from China as pre-assembled
components (the add-a-weight frame support,
the add-a-weight weight stack support, and
the belt termination). Under Uniroyal, 3 CIT
220, these critical components together
impart the ‘‘very essence’’ of the finished
product. The processing in the United States
thus will not result in a substantial
transformation. See also National Juice
Prods. Ass’n, 10 CIT 48.
Based on the facts presented, the country
of origin of the exercise equipment is the
United States under Scenario One and China
under Scenario Two.
HOLDING:
The country of origin of the finished
exercise equipment under Scenario One is
the United States for purposes of government
procurement and China under Scenario Two.
Notice of this final determination will be
given in the Federal Register, as required by
19 CFR 177.29. Any party-at-interest other
than the party which requested this final
determination may request, pursuant to 19
CFR 177.31, that CBP reexamine the matter
anew and issue a new final determination.
Pursuant to 19 CFR 177.30, any party-atinterest 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,
Myles B. Harmon,
Acting Executive Director Regulations &
Rulings Office of Trade.
[FR Doc. 2016–11478 Filed 5–13–16; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–2016–0010; OMB No.
1660–0017

Agency Information Collection
Activities: Proposed Collection;
Comment Request; Public Assistance
Program
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:

The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the

SUMMARY:

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general public and other Federal
agencies to take this opportunity to
comment on an extension, without
change, of a currently approved
information collection. In accordance
with the Paperwork Reduction Act of
1995, this notice seeks comments
concerning information collected for the
Public Assistance (PA) program
eligibility determinations, grants
management, and compliance with
Federal laws and regulations.
DATES: Comments must be submitted on
or before July 15, 2016.
ADDRESSES: To avoid duplicate
submissions to the docket, please use
only one of the following means to
submit comments:
(1) Online. Submit comments at
www.regulations.gov under Docket ID
FEMA–2016–0010. Follow the
instructions for submitting comments.
(2) Mail. Submit written comments to
Docket Manager, Office of Chief
Counsel, DHS/FEMA, 500 C Street SW.,
8NE, Washington, DC 20472–3100.
All submissions received must
include the agency name and Docket ID.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at http://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to read the
Privacy Act notice that is available via
the link in the footer of
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Cliff
Brown, Executive Officer, Recovery
Directorate, Public Assistance Division,
202–646–4136. You may contact the
Records Management Division for
copies of the proposed collection of
information at email address: FEMAInformation-Collections-Management@
fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The
Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C.
5121–5207 (the Stafford Act), authorizes
grants to assist State, Tribal, and local
governments and certain Private NonProfit entities with the response to and
recovery from disasters following
Presidentially declared major disasters
and emergencies. 44 CFR part 206
specifies the information collections
necessary to facilitate the provision of
assistance under the PA Program. 44
CFR 206.202 describes the general
application procedures for the PA
program.
Collection of Information
Title: Public Assistance Program.

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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices

asabaliauskas on DSK3SPTVN1PROD with NOTICES

Type of Information Collection:
Extension, without change, of a
currently approved information
collection.
OMB Number: 1660–0017.
FEMA Forms: FEMA Form FEMA
Form–009–0–49 Request for Public
Assistance; FEMA Form 009–0–91
Project Worksheet (PW); FEMA Form
009–0–91A Project Worksheet (PW)—
Damage Description and Scope of Work
Continuation Sheet; FEMA Form 009–
0–91B Project Worksheet (PW)—Cost
Estimate Continuation Sheet; FEMA
Form 009–0–91C Project Worksheet
(PW)—Maps and Sketches Sheet; FEMA
Form 009–0–91D Project Worksheet
(PW)—Photo Sheet; FEMA Form 009–0–
120 Special Considerations Questions;
FEMA Form 009–0–121 PNP Facility
Questionnaire; FEMA Form 009–0–123
Force Account Labor Summary Record;
FEMA Form 009–0–124 Materials
Summary Record; FEMA Form 009–0–
125 Rented Equipment Summary
Record; FEMA Form 009–0–126
Contract Work Summary Record; FEMA
Form 009–0–127 Force Account
Equipment Summary Record; FEMA
Form 009–0–128 Applicant’s Benefits
Calculation Worksheet; FEMA Form
009–0–111, Quarterly Progress Reports
and FEMA Form 055–0–0–1, Request for
Arbitration resulting from Dispute
Resolution Pilot Program.
Abstract: The information collected is
utilized by FEMA to make
determinations for Public Assistance
grants based on the information
supplied by the respondents.
Affected Public: State, Local or Tribal
government.
Number of Respondents: 976.
Number of Responses: 346,960.
Estimated Total Annual Burden
Hours: 359,186.
Estimated Cost: The estimated annual
cost to respondents for the hour burden
is $19,625,807. There are no record
keeping, capital, start-up or
maintenance costs associated with this
information collection. The cost to the
Federal Government is $750,458.
Comments
Comments may be submitted as
indicated in the ADDRESSES caption
above. Comments are solicited to (a)
evaluate whether the proposed data
collection is necessary for the proper
performance of the agency, including
whether the information shall have
practical utility; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) enhance the quality, utility, and
clarity of the information to be

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collected; and (d) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Dated: May 10, 2016.
Richard W. Mattison
Records Management Branch Chief, Mission
Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2016–11464 Filed 5–13–16; 8:45 am]
BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2583–16; DHS Docket No. USCIS–
2014–0006]
RIN 1615–ZB51

Extension of the Designation of
Nicaragua for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:

Through this Notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of Nicaragua
for Temporary Protected Status (TPS)
for 18 months, from July 6, 2016
through January 5, 2018.
The extension allows currently
eligible TPS beneficiaries to retain TPS
through January 5, 2018, so long as they
otherwise continue to meet the
eligibility requirements for TPS. The
Secretary has determined that an
extension is warranted because
conditions in Nicaragua supporting its
designation for TPS continue to be met.
Through this Notice, DHS also sets
forth procedures necessary for eligible
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) to re-register for
TPS and to apply for renewal of their
Employment Authorization Documents
(EAD) with U.S. Citizenship and
Immigration Services (USCIS). Reregistration is limited to persons who
have previously registered for TPS
under the designation of Nicaragua and
whose applications have been granted.
Certain nationals of Nicaragua (or aliens
having no nationality who last

SUMMARY:

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habitually resided in Nicaragua) who
have not previously applied for TPS
may be eligible to apply under the late
initial registration provisions if they
meet (1) at least one of the late initial
filing criteria, and (2) all TPS eligibility
criteria (including continuous residence
in the United States since December 30,
1998, and continuous physical presence
in the United States since January 5,
1999).
For individuals who have already
been granted TPS under Nicaragua’s
designation, the 60-day re-registration
period runs from May 16, 2016 through
July 15, 2016. USCIS will issue new
EADs with a January 5, 2018, expiration
date to eligible Nicaragua TPS
beneficiaries who timely re-register and
apply for EADs under this extension.
Given the timeframes involved with
processing TPS re-registration
applications, DHS recognizes that not
all re-registrants will receive new EADs
before their current EADs expire on July
5, 2016. Accordingly, through this
Notice, DHS automatically extends the
validity of EADs issued under the TPS
designation of Nicaragua for 6 months,
through January 5, 2017, and explains
how TPS beneficiaries and their
employers may determine which EADs
are automatically extended and the
impact on Employment Eligibility
Verification (Form I–9) and the E-Verify
processes.
DATES: The 18-month extension of the
TPS designation of Nicaragua is
effective July 6, 2016, and will remain
in effect through January 5, 2018. The
60-day re-registration period runs from
May 16, 2016 through July 15, 2016.
(Note: It is important for re-registrants to
timely re-register during this 60-day
period and not to wait until their EADs
expire.)
FOR FURTHER INFORMATION CONTACT:
• For further information on TPS,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS TPS
Web page at http://www.uscis.gov/tps.
You can find specific information
about Nicaragua’s TPS extension by
selecting ‘‘Nicaragua’’ from the menu on
the left side of the TPS Web page.
• For questions concerning this
Notice, you can also contact Jerry
Rigdon, Chief of the Waivers and
Temporary Services Branch, Service
Center Operations Directorate, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2060; or by
phone at 202–272–1533 (this is not a
toll-free number). Note: The phone
number provided here is solely for

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