[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Pages 16205-16207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6668]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 120309175-2178-01]


National Defense Stockpile Market Impact Committee Request for 
Public Comments on the Potential Market Impact of Proposed Supplement 
to the Fiscal Year 2012 Annual Materials Plan

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry.

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SUMMARY: The purpose of this notice is to advise the public that the 
National Defense Stockpile Market Impact Committee, co-chaired by the 
Departments of Commerce and State, is seeking public comments on the 
potential market impact of the proposed supplement to the Fiscal Year 
2012 Annual Materials Plan related to establishing three new material 
research and development projects. The research and development 
projects involve three materials--cadmium zinc tellurium (CZT) 
substrates, trichlorobenzene (TCB), and rhenium alloy. The role of the 
Market Impact Committee is to advise the National Defense Stockpile 
Manager on the projected domestic and foreign economic effects of all 
acquisitions and disposals involving the stockpile and related material 
research and development projects. Public comments are an important 
element of the Committee's market impact review process.

DATES: To be considered, written comments must be received by April 19, 
2012.

ADDRESSES: Address all comments concerning this notice to Michael 
Vaccaro, U.S. Department of Commerce, Bureau of Industry and Security, 
Office of Strategic Industries and Economic Security, 1401 Constitution 
Avenue NW., Room 3876, Washington, DC 20230, fax: (202) 482-5650 (Attn: 
Michael Vaccaro), email: <a href="/cdn-cgi/l/email-protection#3d70747e7d5f544e1359525e135a524b"><span class="__cf_email__" data-cfemail="105d5953507279633e747f733e777f66">[email protected]</span></a>; and Douglas Kramer, U.S. 
Department of State, Bureau of Energy Resources, Office of Europe, 
Middle East, and Africa, 2201 C Street NW., Washington, DC 20520, fax: 
(202) 647-4037 (Attn: Douglas Kramer), or email: <a href="/cdn-cgi/l/email-protection#5f142d3e323a2d1b0d1f2c2b3e2b3a71383029"><span class="__cf_email__" data-cfemail="632811020e061127312310170217064d040c15">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Liam McMenamin, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S. 
Department of Commerce, Telephone: (202) 482-2233.

SUPPLEMENTARY INFORMATION: 

[[Page 16206]]

Background

    Under the authority of the Strategic and Critical Materials Stock 
Piling Revision Act of 1979, as amended (the Stock Piling Act) (50 
U.S.C. 98, et seq.), the Department of Defense, as National Defense 
Stockpile Manager, maintains a stockpile of strategic and critical 
materials to supply the military, industrial, and essential civilian 
needs of the United States for national defense. Section 9(b)(2)(G)(ii) 
of the Stock Piling Act (50 U.S.C. 98(h)(b)(2)(G)(ii)) authorizes the 
National Defense Stockpile Manager to fund material research and 
development projects to develop new materials for the stockpile.
    Section 3314 of the Fiscal Year (FY) 1993 National Defense 
Authorization Act (NDAA) (50 U.S.C. 98h-I) formally established a 
Market Impact Committee (the ``Committee'') to ``advise the National 
Defense Stockpile Manager on the projected domestic and foreign 
economic effects of all acquisitions and disposals of materials from 
the stockpile * * *.'' The Committee must also balance market impact 
concerns with the statutory requirement to protect the U.S. Government 
against avoidable loss.
    The Committee is comprised of representatives from the Departments 
of Commerce, State, Agriculture, Defense, Energy, Interior, the 
Treasury, and Homeland Security, and is co-chaired by the Departments 
of Commerce and State. The FY 1993 NDAA directs the Committee to 
consult with industry representatives that produce, process, or consume 
the materials stored in or of interest to the National Defense 
Stockpile Manager.
    In Attachment 1, the Defense Logistics Agency (DLA) lists the 
quantities of materials associated with three proposed material 
research and development projects to supplement its FY 2012 Annual 
Materials Plan. Two of the material research and development projects 
relate to DLA establishing vendor-owned buffer inventories in the 
United States for cadmium zinc tellurium (CZT) substrates and 
trichlorobenzene (TCB) up to the levels enumerated in Attachment 1. In 
these material research and development projects, DLA would enter into 
arrangements with vendors to maintain inventories of the two materials 
with options that DLA could purchase material if needed. In the third 
material research and development project, DLA would establish a DLA 
administered material reclamation process project to recycle rhenium 
alloy which would be re-introduced into the market by the vendor up to 
the level enumerated in Attachment 1.
    The Committee is seeking public comments on the potential market 
impact of the material research and development projects. Public 
comments are an important element of the Committee's market impact 
review process.
    DLA is required to supplement its FY 2012 Annual Materials Plan to 
account for the three material research and development projects 
because DLA will be using the Defense National Stockpile Transaction 
Fund to pay for the three material research and development projects. 
The quantities listed in Attachment 1 are not acquisition target 
quantities, but rather a statement of the proposed maximum quantity of 
each listed material that may be associated with the three material 
research and development projects in FY 2012. DLA is not proposing to 
acquire these materials and add them to the National Defense Stockpile. 
The quantity of each material that will actually be associated with the 
three material research and development projects will depend on the 
market for the materials during the fiscal year as well as on the 
quantity of each material approved for these material research and 
development projects by Congress.

Submission of Comments

    The Committee requests that interested parties provide written 
comments, supporting data and documentation, and any other relevant 
information on the potential market impact of the quantities associated 
with the three material research and development projects. All comments 
must be submitted to the address indicated in this notice. All comments 
submitted through email must include the phrase ``Market Impact 
Committee Notice of Inquiry'' in the subject line.
    The Committee encourages interested persons who wish to comment to 
do so at the earliest possible time. The period for submission of 
comments will close on April 19, 2012. The Committee will consider all 
comments received before the close of the comment period. Comments 
received after the end of the comment period will be considered, if 
possible, but their consideration cannot be assured.
    All comments submitted in response to this notice will be made a 
matter of public record and will be available for public inspection and 
copying. Anyone submitting business confidential information should 
clearly identify the business confidential portion of the submission 
and also provide a non-confidential submission that can be placed in 
the public record. The Committee will seek to protect such information 
to the extent permitted by law.
    The Office of Administration, Bureau of Industry and Security, U.S. 
Department of Commerce, displays public comments on the BIS Freedom of 
Information Act (FOIA) Web site at http://www.bis.doc.gov/foia. This 
office does not maintain a separate public inspection facility. If you 
have technical difficulties accessing this Web site, please call BIS's 
Office of Administration at (202) 482-1900 for assistance.

    Dated: March 14, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.

Attachment 1

                          Proposed Supplement to Fiscal Year 2012 Annual Materials Plan
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                            Material                                   Unit          Quantity        Footnote
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Cadmium Zinc Tellurium (CZT) substrates.........................           cm\2\          40,000               1
Trichlorobenzene (TCB)..........................................             Lbs          45,000               1
Rhenium Alloy...................................................              ST             0.8               2
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1 Vendor-owned buffer inventory material research and development project.
2 Material reclamation research and development project.


[[Page 16207]]

[FR Doc. 2012-6668 Filed 3-19-12; 8:45 am]
BILLING CODE 3510-33-P


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