25200 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

Agriculture; Room 2457, Waterfront 

Centre; 800 9th Street, SW.; 

Washington, DC 20024. 

Instructions: 

All submissions received must 

include the agency name and the Docket 

Number NIFA–2010–0001. All 

comments received will be posted to 

http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Terri Joya, (202) 401–1761 (phone), 

(202) 401–1782 (fax), or 

tjoya@nifa.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Additional Meeting and Comment 

Procedures 

Persons wishing to present oral 

comments at the Wednesday, June 2, 

2010 meeting are requested to preregister by contacting Ms. Terri Joya at 

(202) 401–1761, by fax at (202) 401– 

1782 or by e-mail to 

tjoya@nifa.usda.gov. Participants may 

reserve one 5-minute comment period. 

More time may be available, depending 

on the number of people wishing to 

make a presentation and the time 

needed for questions following 

presentations. Reservations will be 

confirmed on a first-come, first-served 

basis. All other attendees may register at 

the meeting. Written comments may 

also be submitted for the record at the 

meeting. All comments must be 

received by close of business June 7, 

2010 to be considered. All comments 

and the official transcript of the 

meeting, when they become available, 

may be reviewed on the NIFA Web page 

for six months. Participants who require 

a sign language interpreter or other 

special accommodations should contact 

Ms. Joya as directed above. 

Background and Purpose 

Section 7406 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246) amended subsection 

2(b) of the Competitive, Special, and 

Facilities Research Grant Act (7 U.S.C. 

450i(b)) authorizing the Secretary of 

Agriculture to establish a new 

competitive grant program to provide 

funding for fundamental and applied 

research, extension, and education to 

address food and agricultural sciences. 

Subject to the availability of 

appropriations to carry out this 

program, the Secretary may award 

grants to State agricultural experiment 

stations; colleges and universities; 

university research foundations; other 

research institutions and organizations; 

Federal agencies; national laboratories; 

private organizations or corporations; 

individuals; or any group consisting of 

two or more of the aforementioned 

entities. Grants shall be awarded to 

address priorities in United States 

agriculture in the following areas: (A) 

Plant health and production and plant 

products; (B) Animal health and 

production and animal products; (C) 

Food safety, nutrition, and health; (D) 

Renewable energy, natural resources, 

and environment; (E) Agriculture 

systems and technology; and (F) 

Agriculture economics and rural 

communities. To the maximum extent 

practicable, NIFA, in coordination with 

the Under Secretary for Research, 

Education, and Economics (REE), will 

make awards for high priority research, 

education, and extension, taking into 

consideration, when available, the 

determinations made by the National 

Agricultural Research, Extension, 

Education, and Economics Advisory 

Board. The authority to carry out this 

program has been delegated to NIFA 

through the Undersecretary for REE. 

NIFA is holding a public meeting to 

obtain comments to consider in 

developing the Fiscal Year 2011 

solicitations for the AFRI competitive 

grants program. The meeting is open to 

the public. Written comments and 

suggestions on issues that may be 

considered in the meeting may be 

submitted to the NIFA Docket Clerk at 

the address above. 

Summary of Agriculture and Food 

Research Initiative 

The program authorizes $700 million 

in grants for FY 2008–12, of which the 

Secretary may retain no more than 4% 

for administrative costs. Funds will be 

available for obligation for a two-year 

period beginning in the fiscal year for 

which funds are first made available. 

Grants will be awarded on the basis of 

merit, quality, and relevance and may 

have terms of up to 10 years. 

Of the AFRI funds allocated to 

research activities, section 7406 directs 

60 percent toward grants for 

fundamental (or basic) research, and 40 

percent toward applied research. Of the 

AFRI funds allocated to fundamental 

research, not less than 30 percent of 

AFRI grants will be directed toward 

research by multidisciplinary teams. In 

addition, the law specifies that of the 

total amount appropriated for AFRI, not 

less than 30 percent is to be used for 

integrated programs. 

Implementation Plans 

NIFA plans to consider stakeholder 

input received from this public meeting 

as well as other written comments in 

developing the Fiscal Year 2011 

solicitations for this program. 

Done at Washington, DC, this 3rd day of 

May 2010. 

Meryl Broussard, 

Interim Deputy Director, National Institute 

of Food and Agriculture. 

[FR Doc. 2010–10690 Filed 5–6–10; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF AGRICULTURE 

Foreign Agricultural Service 

WTO Agricultural Safeguard Trigger 

Levels 

AGENCY: Foreign Agricultural Service, 

USDA. 

ACTION: Notice of product coverage and 

trigger levels for safeguard measures 

provided for in the World Trade 

Organization (WTO) Agreement on 

Agriculture. 

SUMMARY: This notice lists the updated 

quantity trigger levels for products 

which may be subject to additional 

import duties under the safeguard 

provisions of the WTO Agreement on 

Agriculture. This notice also includes 

the relevant period applicable for the 

trigger levels on each of the listed 

products. 

DATES: Effective Date: May 7, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Safeguard Staff, Import Policies and 

Export Reporting Division, Office of 

Trade Programs, Foreign Agricultural 

Service, U.S. Department of Agriculture, 

Stop 1021, 1400 Independence Avenue, 

SW., Washington, DC 20250–1021; or by 

telephone at (202) 720–0638, or by 

e-mail at itspd@fas.usda.gov. 

SUPPLEMENTARY INFORMATION: Article 5 

of the WTO Agreement on Agriculture 

provides that additional import duties 

may be imposed on imports of products 

subject to tariffication as a result of the 

Uruguay Round, if certain conditions 

are met. The agreement permits 

additional duties to be charged if the 

price of an individual shipment of 

imported products falls below the 

average price for similar goods imported 

during the years 1986–88 by a specified 

percentage. It also permits additional 

duties to be imposed if the volume of 

imports of an article exceeds the average 

of the most recent 3 years for which data 

are available by 5, 10, or 25 percent, 

depending on the article. These 

additional duties may not be imposed 

on quantities for which minimum or 

current access commitments were made 

during the Uruguay Round negotiations, 

and only one type of safeguard, price or 

quantity, may be applied at any given 

time to an article. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25201 

Section 405 of the Uruguay Round 

Agreements Act requires that the 

President cause to be published in the 

Federal Register information regarding 

the price and quantity safeguards, 

including the quantity trigger levels, 

which must be updated annually based 

upon import levels during the most 

recent 3 years. The President delegated 

this duty to the Secretary of Agriculture 

in Presidential Proclamation No. 6763, 

dated December 23, 1994, 60 FR 1005 

(Jan. 4, 1995). The Secretary of 

Agriculture further delegated the duty to 

the Administrator of the Foreign 

Agricultural Service (7 CFR 2.43(a)(2) 

(2007)). The Annex to this notice 

contains the updated quantity trigger 

levels. 

Additional information on the 

products subject to safeguards and the 

additional duties which may apply can 

be found in subchapter IV of Chapter 99 

of the Harmonized Tariff Schedule of 

the United States (2010) and in the 

Secretary of Agriculture’s Notice of 

Uruguay Round Agricultural Safeguard 

Trigger Levels, published in the Federal 

Register at 60 FR 427 (Jan. 4, 1995). 

Notice: As provided in section 405 of 

the Uruguay Round Agreements Act, 

consistent with Article 5 of the 

Agreement on Agriculture, the safeguard 

quantity trigger levels previously 

notified are superceded by the levels 

indicated in the Annex to this notice. 

The definitions of these products were 

provided in the Notice of Uruguay 

Round Agricultural Safeguard Action 

published in the Federal Register, at 60 

FR 427 (Jan. 4, 1995). 

Issued at Washington, DC, April 29, 2010. 

John D. Brewer, 

Administrator, Foreign Agricultural Service. 

ANNEX—QUANTITY-BASED SAFEGUARD TRIGGER

Product Trigger level Period 

Beef ......................................................................................... 270,519 mt ............................ January 1, 2010 to December 31, 2010. 

Mutton ..................................................................................... 4,503 mt ................................ January 1, 2010 to December 31, 2010. 

Cream ..................................................................................... 1,165,099 liters ...................... January 1, 2010 to December 31, 2010. 

Evaporated or Condensed Milk .............................................. 3,536,146 kilograms .............. January 1, 2010 to December 31, 2010. 

Nonfat Dry Milk ....................................................................... 393,499 kilograms ................. January 1, 2010 to December 31, 2010. 

Dried Whole Milk .................................................................... 2,397,493 kilograms .............. January 1, 2010 to December 31, 2010. 

Dried Cream ........................................................................... 27,330 kilograms ................... January 1, 2010 to December 31, 2010. 

Dried Whey/Buttermilk ............................................................ 30,238 kilograms ................... January 1, 2010 to December 31, 2010. 

Butter ...................................................................................... 7,311,166 kilograms .............. January 1, 2010 to December 31, 2010. 

Butter Oil and Butter Substitutes ............................................ 6,985,605 kilograms .............. January 1, 2010 to December 31, 2010. 

Dairy Mixtures ......................................................................... 43,535,705 kilograms ............ January 1, 2010 to December 31, 2010. 

Blue Cheese ........................................................................... 4,846,863 kilograms .............. January 1, 2010 to December 31, 2010. 

Cheddar Cheese ..................................................................... 12,272,710 kilograms ............ January 1, 2010 to December 31, 2010. 

American-Type Cheese .......................................................... 7,093,001 kilograms .............. January 1, 2010 to December 31, 2010. 

Edam/Gouda Cheese ............................................................. 7,019,833 kilograms .............. January 1, 2010 to December 31, 2010. 

Italian-Type Cheese ................................................................ 22,355,614 kilograms ............ January 1, 2010 to December 31, 2010. 

Swiss Cheese with Eye Formation ......................................... 28,867,494 kilograms ............ January 1, 2010 to December 31, 2010. 

Gruyere Process Cheese ....................................................... 4,398,721 kilograms .............. January 1, 2010 to December 31, 2010. 

Lowfat Cheese ........................................................................ 848,545 kilograms ................. January 1, 2010 to December 31, 2010. 

NSPF Cheese ......................................................................... 46,400,350 kilograms ............ January 1, 2010 to December 31, 2010. 

Peanuts ................................................................................... 15,172 mt .............................. April 1, 2009 to March 31, 2010. 

18,176 mt .............................. April 1, 2010 to March 31, 2011. 

Peanut Butter/Paste ................................................................ 4,280 mt ................................ January 1, 2010 to December 31, 2010. 

Raw Cane Sugar .................................................................... 1,407,556 mt ......................... October 1, 2009 to September 30, 2010. 

1,142,815 mt ......................... October 1, 2010 to September 30, 2011. 

Refined Sugar and Syrups ..................................................... 191,180 mt ............................ October 1, 2009 to September 30, 2010. 

176,800 mt ............................ October 1, 2010 to September 30, 2011. 

Blended Syrups ...................................................................... 107 mt ................................... October 1, 2009 to September 30, 2010. 

134 mt ................................... October 1, 2010 to September 30, 2011. 

Articles Over 65% Sugar ........................................................ 578 mt ................................... October 1, 2009 to September 30, 2010. 

277 mt ................................... October 1, 2010 to September 30, 2011. 

Articles Over 10% Sugar ........................................................ 15,617 mt .............................. October 1, 2009 to September 30, 2010. 

15,083 mt .............................. October 1, 2010 to September 30, 2011. 

Sweetened Cocoa Powder ..................................................... 1,249 mt ................................ October 1, 2009 to September 30, 2010. 

1,054 mt ................................ October 1, 2010 to September 30, 2011. 

Chocolate Crumb .................................................................... 10,081,708 kilograms ............ January 1, 2010 to December 31, 2010. 

Lowfat Chocolate Crumb ........................................................ 226,647 kilograms ................. January 1, 2010 to December 31, 2010. 

Infant Formula Containing Oligosaccharides ......................... 10,530 kilograms ................... January 1, 2010 to December 31, 2010. 

Mixes and Doughs .................................................................. 315 mt ................................... October 1, 2009 to September 30, 2010. 

383 mt ................................... October 1, 2010 to September 30, 2011. 

Mixed Condiments and Seasonings ....................................... 176 mt ................................... October 1, 2009 to September 30, 2010. 

280 mt ................................... October 1, 2010 to September 30, 2011. 

Ice Cream ............................................................................... 2,869,565 liters ...................... January 1, 2010 to December 31, 2010. 

Animal Feed Containing Milk .................................................. 32,419 kilograms ................... January 1, 2010 to December 31, 2010. 

Short Staple Cotton ................................................................ 699,482 kilograms ................. September 20, 2009 to September 19, 2010. 

591,350 kilograms ................. September 20, 2010 to September 19, 2011. 

Harsh or Rough Cotton .......................................................... 0 kilograms ............................ August 1, 2009 to July 31, 2010. 

0 kilograms ............................ August 1, 2010 to July 31, 2011. 

Medium Staple Cotton ............................................................ 688,341 kilograms ................. August 1, 2009 to July 31, 2010. 

149,148 kilograms ................. August 1, 2010 to July 31, 2011. 

Extra Long Staple Cotton ....................................................... 3,656,233 kilograms .............. August 1, 2009 to July 31, 2010. 

2,017,042 kilograms .............. August 1, 2010 to July 31, 2011. 

Cotton Waste .......................................................................... 395,745 kilograms ................. September 20, 2009 to September 19, 2010. 

432,133 kilograms ................. September 20, 2010 to September 19, 2011. 


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25202 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

1 74 FR 24,786. 

2The November 2, 2009 renewal Order was 

effective immediately and was published in the 

Federal Register on November 9, 2009 (74 FR 

57626). 

ANNEX—QUANTITY-BASED SAFEGUARD TRIGGER—Continued 

Product Trigger level Period 

Cotton, Processed, Not Spun ................................................. 3,995 kilograms ..................... September 11, 2009 to September 10, 2010. 

31,338 kilograms ................... September 11, 2010 to September 10, 2011. 

[FR Doc. 2010–10878 Filed 5–6–10; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Orion Air, S.L. and Syrian Pearl 

Airlines; Order Renewing Order 

Temporarily Denying Export Privileges 

Orion Air, S.L., Canada Real de Merinas, 

7 Edificio 5, 3’A, Eissenhower 

business center, 28042 Madrid, Spain 

Ad. de las Cortes Valencianas no 37, 

Esc.A Puerta 45 46015 Valencia, 

Spain 

Syrian Pearl Airlines, Damascus 

International Airport, Damascus, 

Syria, Respondents 

Pursuant to Section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730–774 (2009) (‘‘EAR’’ or the 

‘‘Regulations’’), I hereby grant the 

request of the Bureau of Industry and 

Security (‘‘BIS’’) to renew for 180 days 

the Order Temporarily Denying the 

Export Privileges of Respondents Orion 

Air, S.L. (‘‘Orion Air’’) and Syrian Pearl 

Airlines (collectively, ‘‘Respondents’’), 

as I find that renewal of the temporary 

denial order (‘‘TDO’’ or the ‘‘Order’’) is 

necessary in the public interest to 

prevent an imminent violation of the 

EAR. 

I. Procedural History 

On May 7, 2009, then-Acting 

Assistant Secretary of Commerce for 

Export Enforcement Kevin Delli-Colli 

signed an Order Temporarily Denying 

the Export Privileges of the Respondents 

for 180 days on the grounds that its 

issuance was necessary in the public 

interest to prevent an imminent 

violation of the Regulations. Pursuant to 

Section 766.24(a), the TDO was issued 

ex parte and was effective upon 

issuance. Copies of the TDO were sent 

to each Respondent in accordance with 

section 766.5 of the Regulations and the 

Order was published in the Federal 

Register on May 26, 2009.1 Thereafter, 

on November 2, 2009, Acting Assistant 

Secretary Delli-Colli issued an Order 

renewing the TDO for an additional 180 

days.2 The current Order would expire 

on May 1, 2010, unless renewed in 

accordance with section 766.24 of the 

Regulations. 

On April 9, 2010, BIS, through its 

Office of Export Enforcement (‘‘OEE’’), 

filed a written request for renewal of the 

TDO against the Respondents for an 

additional 180 days and served a copy 

of its request on the Respondents in 

accordance with section 766.5 of the 

Regulations. No opposition to renewal 

of the TDO has been received from 

either Orion Air or Syrian Pearl 

Airlines. 

II. Discussion 

A. Legal Standard 

Pursuant to section 766.24(d)(3) of the 

EAR, the sole issue to be considered in 

determining whether to continue a TDO 

is whether the TDO should be renewed 

to prevent an imminent violation of the 

EAR, as ‘‘imminent’’ violation is defined 

in section 766.24. ‘‘A violation may be 

‘imminent’ either in time or in degree of 

likelihood.’’ 15 CFR 766.24(b)(3). BIS 

may show ‘‘either that a violation is 

about to occur, or that the general 

circumstances of the matter under 

investigation or case under criminal or 

administrative charges demonstrate a 

likelihood of future violations.’’ Id. As to 

the likelihood of future violations, BIS 

may show that ‘‘the violation under 

investigation or charges is significant, 

deliberate, covert and/or likely to occur 

again, rather than technical and 

negligent[.]’’ Id. A ‘‘lack of information 

establishing the precise time a violation 

may occur does not preclude a finding 

that a violation is imminent, so long as 

there is sufficient reason to believe the 

likelihood of a violation.’’ Id. 

B. Findings 

As part of its initial TDO request, BIS 

presented evidence that on or about 

May 1, 2009, Orion Air re-exported a 

BAE 146–300 aircraft (tail number EC– 

JVO) to Syria, and specifically to Syrian 

Pearl Airlines, without the U.S. 

Government authorization required by 

General Order No. 2 of Supplement 1 to 

Part 736 of the EAR. The aircraft is 

subject to the Regulations because it 

contains greater than a 10-percent de 

minimis amount of U.S.-origin content. 

Orion Air engaged in this re-export 

transaction despite having been directly 

informed of the export licensing 

requirements by the U.S. Government. 

Moreover, Orion Air not only engaged 

in this conduct after having received 

actual as well as constructive notice of 

the applicable license requirements, but 

then sought to evade the Regulations 

and U.S. export controls by giving the 

U.S. Government false assurances that it 

would put the transaction on hold due 

to the U.S. Government’s concerns. 

BIS also produced evidence that the 

re-exported aircraft bore the livery, 

colors and logos of Syrian Pearl 

Airlines, a national of Syria, a Country 

Group E:1 destination; was flight 

capable; and under the terms of the 

lease agreement was to be based in and 

operated out of Syria during the lease 

term. The record also shows that the reexported aircraft currently remains in 

Syria under the control of Syrian Pearl 

Airlines. 

In addition to the unauthorized reexport described above, Acting 

Assistant Secretary Delli-Colli also 

concluded that additional violations 

were imminent based on statements by 

Orion Air to the U.S. Government in 

May 2009 that Orion Air planned to reexport an additional BAE 146–300 

aircraft (tail number EC–JVJ) to Syria, 

and specifically to Syrian Pearl Airlines. 

This second aircraft was at the time 

undergoing maintenance in the United 

Kingdom, and remains located there. 

Moreover, the agreement between Orion 

Air and Syrian Pearl Airlines involved 

both aircraft. Based on my review of the 

record, I find that the facts and 

circumstances that led to the issuance of 

the initial TDO and the November 2009 

renewal Order continue to show that 

renewal of the TDO for an additional 

180 days is necessary and in the public 

interest to prevent an imminent 

violation of the EAR. Absent renewal of 

the TDO, there remains a substantial 

continued risk that the second aircraft 

will be re-exported contrary to the 

Regulations, given that, inter alia, Orion 

Air acted with actual knowledge and 

took deceptive and evasive action. This 

finding alone would justify renewal. 

There also would be a substantial risk 

that, absent renewal of the TDO, the first 

aircraft, which remains in Syria, would 


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