60-day FRN

FRM I690 60DayFRN_1JUL2016.pdf

Application for Waiver of Grounds of Inadmissability

60-day FRN

OMB: 1615-0032

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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices
code was programmed, and testing and
validation were conducted. See HQ H243606,
dated December 4, 2013. Therefore, since the
entire development and writing of software
specifications, programming of source code,
and software build occur in China, the
country of origin of FCI’s proprietary
software is China.
CBP has considered several cases dealing
with country of origin of electronic products
that are manufactured abroad and imported
into the U.S. for software download. In HQ
H034843, dated May 5, 2009, CBP held that
USB flash drives were products of Israel
because, though the assembly process began
in China, the software and firmware were
developed in Israel, and the installation and
customization of the firmware and software
that took place in Israel made the USB flash
drives functional, permitted them to execute
their security features, and increased their
value. In HQ H175415, dated October 4,
2011, CBP held that Ethernet switches were
products of the U.S. because, though the
hardware components were fully assembled
into Ethernet switches in China, they were
programmed with U.S.-origin operating
software enabling them to interact and route
within the network, and to monitor, secure,
and access control of the network.
In HQ H241177, dated December 3, 2013,
Ethernet switches were assembled to
completion in Malaysia and then shipped to
Singapore, where U.S.-origin software was
downloaded onto the switches. CBP found
that software downloading did not amount to
programming, which involved writing,
testing and implementing code necessary to
make the computer function a certain way.
See also HQ H240199, dated March 10, 2015
(notebook computer was not substantially
transformed when the computer was
assembled in Country A, imported into
Country F, and Country D-origin BIOS was
downloaded). CBP concluded in HQ
H241177, that the software downloading
performed in Singapore did not amount to
programming and that the country of origin
was Malaysia, where the last substantial
transformation occurred.
In this case, the Cable is fully assembled
in China and imported into the U.S., and in
its imported condition, it is completely nonfunctional. The Chinese proprietary software
enables the Cable to function as intended.
Without the proprietary software, the Cable
cannot function as a network device in any
capacity. However, downloading does not
amount to programming. See HQ H241177,
supra. Here, the software is developed in
China and the download occurs in the U.S.
Given these facts, we find that the country
where the last substantial transformation
occurs is China, that is, where the major
assembly processes are performed and the
software was developed. The country of
origin of the Cable for purposes of U.S.
Government procurement is China.
The manufacturing process for the
Transceivers is similar to the Cable. The
Transceiver is fully assembled in China and
imported into the U.S., and in its imported
condition, it is completely non-functional.
The German software is downloaded and
enables the Transceiver to function as
intended. As stated above, and in accordance

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with HQ H241177, downloading does not
amount to programming and the Transceiver
is not substantially transformed in the U.S.
Given these facts, we find that the country
where the last substantial transformation
occurs is China, where the major assembly
processes are performed. The country of
origin of the Transceiver for purposes of U.S.
Government procurement is China.
HOLDING:
Based on the facts in this case, we find that
the last substantial transformation of the
Cable and Transceiver occurs in China. As
such, the Cable and Transceiver will be
considered products of China for purposes of
U.S. Government procurement.
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,
Joanne R. Stump,
Acting Executive Director, Regulations and
Rulings, Office of International Trade
[FR Doc. 2016–15692 Filed 6–30–16; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0032]

Agency Information Collection
Activities: Application for Waiver of
Grounds of Inadmissibility, Form I–
690; Extension, Without Change, of a
Currently Approved Collection
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 60-Day notice.
AGENCY:

The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration (USCIS) invites the general
public and other Federal agencies to
comment upon this proposed extension
of a currently approved collection of
information. In accordance with the
Paperwork Reduction Act (PRA) of
1995, the information collection notice
is published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e. the time, effort, and
resources used by the respondents to
respond), the estimated cost to the

SUMMARY:

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respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until
August 30, 2016.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0032 in the subject box, the
agency name and Docket ID USCIS–
2006–0047. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal Web site at
http://www.regulations.gov under eDocket ID number USCIS–2006–0047;
(2) Email. Submit comments to
[email protected];
(3) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Acting Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140,
Telephone number (202) 272–8377
(This is not a toll-free number.
Comments are not accepted via
telephone message). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS Web site at http://
www.uscis.gov, or call the USCIS
National Customer Service Center at
(800) 375–5283; TTY (800) 767–1833.
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
http://www.regulations.gov and enter
USCIS–2006–0047 in the search box.
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 consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is

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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
http://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information 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 burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) 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.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension, Without Change, of a
Currently Approved Collection.
(2) Title of the Form/Collection:
Application for Waiver of Grounds of
Inadmissibility.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–690; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief

abstract: Primary: Individuals or
households. USCIS will use this form to
determine whether applicants are
eligible for admission to the United
States under sections 210 and 245A of
the Act.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 22 responses (Form I–690) at
approximately 3 hours per response; 11
responses (Supplement 1) at
approximately 2 hours per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 88 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $3,316.50.
Dated: June 24, 2016.
Samantha Deshommes,
Acting Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2016–15655 Filed 6–30–16; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2016–0074];
[FXIA16710900000–156–FF09A30000]

ACTION:

Notice of issuance of permits.

We, the U.S. Fish and
Wildlife Service (Service), have issued
the following permits to conduct certain
activities with endangered species,
marine mammals, or both. We issue
these permits under the Endangered
Species Act (ESA) and Marine Mammal
Protection Act (MMPA).

SUMMARY:

Brenda Tapia, U.S. Fish and
Wildlife Service, Division of
Management Authority, Branch of
Permits, MS: IA, 5275 Leesburg Pike,
Falls Church, VA 22041; fax (703) 358–
2281.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Brenda Tapia, (703) 358–2104
(telephone); (703) 358–2281 (fax);
[email protected] (email).
On the
dates below, as authorized by the
provisions of the ESA (16 U.S.C. 1531
et seq.), as amended, and/or the MMPA,
as amended (16 U.S.C. 1361 et seq.), we
issued requested permits subject to
certain conditions set forth therein. For
each permit for an endangered species,
we found that (1) the application was
filed in good faith, (2) the granted
permit would not operate to the
disadvantage of the endangered species,
and (3) the granted permit would be
consistent with the purposes and policy
set forth in section 2 of the ESA.

SUPPLEMENTARY INFORMATION:

Endangered Species; Marine
Mammals; Issuance of Permits
AGENCY:

Fish and Wildlife Service,

Interior.

ENDANGERED SPECIES
Permit No.

Applicant

Receipt of application
Federal Register notice

36222B ........................
51119B ........................
70015B ........................

Busch Gardens ..............................................
Tanganyika Wildlife Park ...............................
Michael Braun, Smithsonian Institution Museum of Natural History.
Tanganyika Wildlife Park ...............................
Institute For Conservation of Tropical Environments, SUNY at Stony Brook.
Denver Zoological Foundation .......................
James Mercer ................................................
Wildlife Conservation Society ........................
Kenneth Morrill ...............................................
The Austin Savanna .......................................
Atlanta-Fulton County Zoo dba Zoo Atlanta ..
Danny Janecka ..............................................
Evan Rosenoff ................................................
Armour Mellon ................................................
Wildlife Conservation Society ........................
Matthew Duel Saulsbury ................................
Wayne Catto ..................................................
Aubrey Beacham ............................................
Roger Hooten .................................................

79 FR 54740; September 12, 2014 ...............
80 FR 33541; June 12, 2015 .........................
80 FR 55868; September 17, 2015 ...............

September 2, 2015.
October 19, 2015.
May 5, 2016.

80 FR 64441; October 23, 2015 ....................
81 FR 2899; January 19, 2016 ......................

December 18, 2015.
May 11, 2016.

81
81
81
81
81
81
81
81
81
81
81
81
81
81

May 3, 2016.
April 7, 2016.
June 3, 2016.
May 9, 2016.
May 24, 2016.
May 11, 2016.
April 20, 2016.
May 12, 2016.
June 1, 2016.
June 3, 2016.
May 26, 2016.
May 26, 2016.
June 1, 2016.
June 1, 2016.

asabaliauskas on DSK3SPTVN1PROD with NOTICES

57032B ........................
75939B ........................
78822B
86126B
82159B
86976B
10982A
85599B
87863B
51920A
88822B
77252B
88755B
91923B
91319B
92092B

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FR 5778; February 3, 2016 ......................
FR 8093; February 17, 2016 ....................
FR 9497; February 25, 2016 ....................
FR; 10884; March 2, 2016 ........................
FR; 10884; March 2, 2016 ........................
FR 12116; March 8, 2016 .........................
FR 12116; March 8, 2016 .........................
FR 16197; March 25, 2016 .......................
FR 16197; March 25, 2016 .......................
FR 16197; March 25, 2016 .......................
FR 16197; March 25, 2016 .......................
FR 20666; April 8, 2016 ...........................
FR 20666; April 8, 2016 ...........................
FR 20666; April 8, 2016 ...........................

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File TitleUSCIS-2006-0047-0033.pdf
Authorhlyoung1
File Modified2016-09-29
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