81 FR 79043 - North Carolina; Amendment No. 10 to Notice of a Major Disaster Declaration
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 81, Issue 218 (November 10, 2016)
Federal Emergency Management Agency
Federal Register Volume 81, Issue 218 (November 10, 2016)
| Page Range | 79043-79043 | |
| FR Document | 2016-27128 |
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)] [Notices] [Page 79043] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27128] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4285-DR; Docket ID FEMA-2016-0001] North Carolina; Amendment No. 10 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice amends the notice of a major disaster declaration for the State of North Carolina (FEMA-4285-DR), dated October 10, 2016, and related determinations. DATES: Effective Date: October 31, 2016. 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 October 10, 2016. Brunswick County for Individual Assistance (already designated for assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program) Halifax County for Individual Assistance and assistance for assistance for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program. 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 (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2016-27128 Filed 11-9-16; 8:45 am] BILLING CODE 9111-23-P
![Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices 79043
substantial transformation has occurred. No training, skill, or equipment was required to ACTION: Notice.
one factor is determinative. assemble the exercise equipment. CBP thus
The Court of International Trade has also held that no substantial transformation
applied the ‘‘essence test’’ to determine occurred in the United States.
SUMMARY: This notice amends the notice
whether the identity of an article is changed Here, although nearly all the parts will be of a major disaster declaration for the
through assembly or processing. For of Chinese origin, the extent of U.S. or State of North Carolina (FEMA–4285–
example, in Uniroyal, Inc. v. United States, Taiwanese assembly operations is DR), dated October 10, 2016, and related
3 CIT 220, 225, 542 F. Supp. 1026, 1030 sufficiently complex and meaningful to result determinations.
(1982), aff’d 702 F.2d 1022 (Fed. Cir. 1983), in a substantial transformation in both
the court held that imported shoe uppers scenarios. Unlike the exercise equipment at DATES: Effective Date: October 31, 2016.
added to an outer sole in the United States issue in HQ 733188, the treadmill parts will
were the ‘‘very essence of the finished shoe’’ not be essentially complete when they are FOR FURTHER INFORMATION CONTACT:
and thus were not substantially transformed imported into either the United States or Dean Webster, Office of Response and
into a product of the United States. Similarly, Taiwan for assembly. To the contrary, they Recovery, Federal Emergency
in National Juice Products Association v. will require substantial additional work to Management Agency, 500 C Street SW.,
United States, 10 CIT 48, 61, 628 F. Supp. create a functional treadmill. Most Washington, DC 20472, (202) 646–2833.
978, 991 (1986), the court held that imported importantly, U.S. or Taiwanese workers will
orange juice concentrate ‘‘imparts the need to weld a total of 27 seams to create the SUPPLEMENTARY INFORMATION: The notice
essential character’’ to the completed orange three major subassemblies (the treadmill of a major disaster declaration for the
juice and thus was not substantially base, the console frame, and the console
mast) that comprise the finished treadmill.
State of North Carolina is hereby
transformed into a product of the United
The additional assembly steps, which amended to include the following areas
States.
In Headquarters Ruling (‘‘HQ’’) H270580, involve approximately 466 individual parts among those areas determined to have
dated May 10, 2016, we considered whether and ‘‘connecting, lining up, adjusting and been adversely affected by the event
a substantial transformation occurred when bolting frames, tightening and torqueing declared a major disaster by the
Johnson, the importer here, assembled ‘‘G3 frame bolts, attaching motors, installing
President in his declaration of October
Dip’’ and ‘‘G3 Back Extension’’ exercise power switches, wiring, pulleys and filters,’’
are similar in scope and complexity to those 10, 2016.
machines in the United States. As in this
case, Johnson proposed two different that we found sufficient to effect a substantial Brunswick County for Individual
assembly scenarios. Under Scenario One, transformation under Scenario One in HQ Assistance (already designated for assistance
which applied to both machines, we held H270580. Under these circumstances, the for debris removal and emergency protective
Matrix® T3xe’s country of origin for purposes
that although nearly all the parts were of measures [Categories A and B], including
of government procurement is the United
Chinese origin, the extent of U.S. assembly direct federal assistance, under the Public
States under Scenario One and Taiwan under
operations was sufficiently complex and Assistance program)
Scenario Two.
meaningful to result in a substantial Halifax County for Individual Assistance
transformation. Specifically, the assembly Holding and assistance for assistance for debris
involved U.S. workers welding nine separate The finished treadmill’s country of origin removal and emergency protective measures
subassemblies with 49 seams for the ‘‘G3 for purposes of government procurement is
Dip’’ and three separate subassemblies with (Categories A and B), including direct federal
the United States under Scenario One and assistance, under the Public Assistance
22 seams for the ‘‘G3 Back Extension.’’ In Taiwan under Scenario Two.
addition to the welding, U.S. workers also program.
Notice of this final determination will be
cleaned and degreased parts, ground down given in the Federal Register, as required by The following Catalog of Federal Domestic
and painted the frame, and sprayed the frame 19 CFR § 177.29. Any party-at-interest other Assistance Numbers (CFDA) are to be used
with clear coat. The 200 to 500 parts that than the party which requested this final for reporting and drawing funds: 97.030,
comprise the final products were then determination may request, pursuant to 19 Community Disaster Loans; 97.031, Cora
assembled in a process involving fastening CFR § 177.31, that CBP reexamine the matter Brown Fund; 97.032, Crisis Counseling;
hardware; adding rubber grips; capping off anew and issue a new final determination. 97.033, Disaster Legal Services; 97.034,
tube ends; positioning pulleys; adding Pursuant to 19 CFR § 177.30, any party-at- Disaster Unemployment Assistance (DUA);
weights, cables, or belts; and placing warning interest may, within 30 days of publication 97.046, Fire Management Assistance Grant;
placards. We found that a substantial of the Federal Register Notice referenced
transformation had occurred because the 97.048, Disaster Housing Assistance to
above, seek judicial review of this final
assembly operations caused the individual determination before the Court of Individuals and Households In Presidentially
parts to lose their separate identities and to International Trade. Declared Disaster Areas; 97.049,
become integral components of a product Sincerely, Presidentially Declared Disaster Assistance—
with a new name, character, and use. Disaster Housing Operations for Individuals
Alice A. Kipel,
However, under Scenario Two in HQ and Households; 97.050 Presidentially
H270580, which applied only to the ‘‘G3 Executive Director, Regulations & Rulings,
Declared Disaster Assistance to Individuals
Dip,’’ three of the nine subassemblies were Office of Trade.
and Households—Other Needs; 97.036,
imported from China as pre-assembled [FR Doc. 2016–27159 Filed 11–9–16; 8:45 am] Disaster Grants—Public Assistance
components. Under Uniroyal, 3 CIT 220, BILLING CODE 9111–14–P (Presidentially Declared Disasters); 97.039,
these critical components together imparted
Hazard Mitigation Grant.
the ‘‘very essence’’ of the finished product.
The processing in the United States thus did DEPARTMENT OF HOMELAND W. Craig Fugate,
not result in a substantial transformation in SECURITY Administrator, Federal Emergency
Scenario Two. See also National Juice Prods.
Ass’n, 10 CIT 48. Management Agency.
Federal Emergency Management [FR Doc. 2016–27128 Filed 11–9–16; 8:45 am]
Similarly, in HQ 733188, dated July 5,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1990, we held that no substantial
Agency
BILLING CODE 9111–23–P
transformation occurred when Venezuelan [Internal Agency Docket No. FEMA–4285–
exercise benches and boards were assembled DR; Docket ID FEMA–2016–0001]
in the United States. The Venezuelan metal
frames as imported were essentially North Carolina; Amendment No. 10 to
complete, and the U.S. assembly consisted Notice of a Major Disaster Declaration
primarily of attaching the cushions and
minor parts. Further, no machining was done AGENCY:Federal Emergency
in the United States and no specialized Management Agency, DHS.
VerDate Sep<11>2014 17:46 Nov 09, 2016 Jkt 241001 PO 00000 Frm 00077 Fmt 4703 Sfmt 9990 E:\FR\FM\10NON1.SGM 10NON1](https://thefederalregister.org/doc/81_FR_79261/page/1.svg)
Document Created: 2016-11-10 01:43:52
Document Modified: 2016-11-10 01:43:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833. | |
| FR Citation | 81 FR 79043 |
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