32806 Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices 

U.S. and that the components lost their 

separate identities in becoming an 

integral part of a desktop computer. CBP 

noted that the finished article, a desktop 

computer, was visibly different from 

any of the individual foreign 

components, acquiring a new use, 

processing and displaying information. 

Accordingly, CBP held that the 

individual components underwent a 

substantial transformation as a result of 

the operations performed in the U.S. See 

also HQ 559336 dated March 13, 1996, 

in which CBP also determined that 

foreign components, such as clamshell 

base, LCD video display, hard disk 

drive, floppy disk drive, AC power 

adapter were substantially transformed 

by the processing and assembly 

operations performed in the United 

States; and HQ 560633, dated November 

17, 1997. 

In this case, in addition to the 

components and parts being assembled 

in Canada, the GTX Mobile hand 

computers are programmed in Canada 

by the installation of Canadian 

developed software onto the devices. In 

Data General v. United States, 4 Ct. Int’l 

Trade 182 (1982), the Court of 

International Trade found that for 

purposes of determining eligibility 

under item 807.00, Tariff Schedules of 

the United States (the predecessor 

provision to subheading 9802.00.80, 

Harmonized Tariff Schedule of the 

United States), the programming of a 

foreign Programmable Read-Only 

Memory (‘‘PROM’’) chip, substantially 

transformed the PROM into a U.S. 

article. The court noted that it was 

undisputed that programming altered 

the character of a PROM, effecting a 

physical change. The essence of the 

article, its interconnections or stored 

memory, was established by 

programming. The court concluded that 

altering the non-functioning circuitry 

comprising a PROM through 

technological expertise in order to 

produce a functioning read-only 

memory device possessing a desired 

distinctive circuit pattern constituted 

‘‘substantial transformation.’’ After the 

Data General decision, in a number of 

previous rulings, CBP has considered 

whether the programming devices and 

electronic equipment constitutes a 

substantial transformation of such 

devices. 

In HQ 735027, dated September 7, 

1993, CBP considered a ‘‘MemoPlug,’’ 

used to protect software from piracy. It 

was assembled in Israel from Taiwanese 

parts (such as various connectors and an 

Electronically Erasable Programmable 

Read Only Memory, or ‘‘EEPROM’’) and 

Israeli parts (such as an internal circuit 

board). After assembly, the EEPROM 

was programmed in the U.S. with 

special software. Such processing in the 

United States accounted for 

approximately 50 percent of the final 

selling price of the MemoPlugs. In 

finding that the foreign-origin 

components were substantially 

transformed in the United States, CBP 

noted that the U.S. processing 

transformed a blank media, the 

EEPROM, into a device that performed 

functions necessary to the prevention of 

software piracy. 

HQ H034843, dated May 5, 2009, 

concerned encrypted USB flash devices 

(‘‘UFD’’), used to protect data when a UF 

is lost or stolen. The key hardware 

component of the UFD was a Japanese 

origin flash memory chip. Other 

components were shipped to China 

where they were assembled. In one 

scenario, the UFD’s were shipped to 

Israel where firmware application 

software developed in Israel was 

installed and customized into the 

device. Without application software, 

the UFD did not exhibit its security 

features. CBP held that the country 

origin of the encrypted UFD was Israel. 

In this instance, we note that the 

building of the GTX Mobile requires the 

assembly of components in Canada, 

together with an imager of Canadian 

origin using subassemblies of various 

origins. Taking into account the 

Canadian assembly of the imager, the 

total assembly process requires a 

number of discrete steps that permit the 

individual components to function 

together as a single unit able to gather, 

process, display and transmit 

information from field operations to 

office locations. We, moreover, take note 

that a complex software program is 

loaded onto the GTX Mobile which has 

been designed and written entirely in 

Canada. This software has been 

designed so that the customer may 

centrally manage and troubleshoot 

remote computer applications, allowing 

for communication between computers 

in distant locations. We find the 

creation and installation of the software 

to be a crucial element that permits the 

functioning of the hand held computers. 

Therefore, we find that the assembly 

processes that will occur in Canada, 

coupled with the configuration 

operations also performed in Canada 

that require the installation of Canadianorigin software, will substantially 

transform the components of nonCanadian origin into a product with a 

new name, character, and use. 

Accordingly, we find that the country of 

origin of the GTX Mobile is Canada. 

Holding: 

The non-Canadian component parts 

and subassemblies are substantially 

transformed in Canada, the location 

where the subassemblies and 

components from various countries are 

assembled together to make the GTX 

Mobile, and where the complex 

software is developed and installed onto 

the device. Therefore, we find that the 

country of origin of the GTX Mobile for 

government procurement purposes is 

Canada. 

Notice of this final determination will 

be given in the Federal Register, as 

required by 19 CFR 177.29. Any partyat-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 partyat-interest may, within 30 days after 

publication of the Federal Register 

Notice referenced above, seek judicial 

review of this final determination before 

the Court of International Trade. 

Sincerely, 

Sandra L. Bell, 

Executive Director, Office of Regulations and 

Rulings, Office of International Trade. 

[FR Doc. 2010–13845 Filed 6–8–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning Certain 

Upright and Recumbent Exercise Bikes 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of final determination. 

SUMMARY: This document provides 

notice that U.S. Customs and Border 

Protection (‘‘CBP’’) has issued a final 

determination concerning the country of 

origin of certain upright and recumbent 

exercise bikes. Based upon the facts 

presented, CBP has concluded in the 

final determination that the U.S. is the 

country of origin of the upright and 

recumbent exercise bikes for purposes 

of U.S. government procurement. 

DATES: The final determination was 

issued on June 2, 2010. A copy of the 

final determination is attached. Any 

party-at-interest, as defined in 19 CFR 

177.22(d), may seek judicial review of 

this final determination until July 9, 

2010. 

FOR FURTHER INFORMATION CONTACT: Elif 

Eroglu, Valuation and Special Programs 

Branch: (202) 325–0277. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on June 2, 2010, 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices 32807 

pursuant to subpart B of part 177, 

Customs Regulations (19 CFR part 177, 

subpart B), CBP issued a final 

determination concerning the country of 

origin of the upright and recumbent 

exercise bikes which may be offered to 

the U.S. Government under an 

undesignated government procurement 

contract. This final determination, in 

HQ H095239, was issued at the request 

of Brunswick Corporation under 

procedures set forth at 19 CFR part 177, 

subpart B, which implements Title III of 

the Trade Agreements Act of 1979, as 

amended (19 U.S.C. 2511–18). In the 

final determination, CBP has concluded 

that, based upon the facts presented, the 

upright and recumbent exercise bikes, 

assembled in the U.S. from parts made 

in Mexico, China, Taiwan, Germany, 

Indonesia, Korea and the U.S., are 

substantially transformed in the U.S., 

such that the U.S. is the country of 

origin of the finished article for 

purposes of U.S. government 

procurement. 

Section 177.29, Customs Regulations 

(19 CFR 177.29), provides that notice of 

final determinations shall be published 

in the Federal Register within 60 days 

of the date the final determination is 

issued. Section 177.30, CBP Regulations 

(19 CFR 177.30), provides that any 

party-at-interest, as defined in 19 CFR 

177.22(d), may seek judicial review of a 

final determination within 30 days of 

publication of such determination in the 

Federal Register. 

Dated: June 2, 2010. 

Sandra L. Bell, 

Executive Director, Regulations and Rulings, 

Office of International Trade. 

Attachment 

H095239 

June 2, 2010 

OT:RR:CTF:VS H095239 EE 

CATEGORY: Marking 

Ms. Shannon Fura 

Mr. Jeremy Page 

Page•Fura, P.C., 1 South Dearborn, Suite 

2100, Chicago, IL 60603 

RE: U.S. Government Procurement; Title III, 

Trade Agreements Act of 1979 (19 U.S.C. 

§ 2511); Subpart B, Part 177, CBP 

Regulations; Country of Origin; Upright 

and Recumbent Exercise Bikes 

Dear Ms. Fura and Mr. Page: This is in 

response to your correspondence of 

September 1, 2009, resubmitted January 19, 

2010, forwarded to us by the National Import 

Specialist (‘‘NIS’’) Division, in which you 

requested a final determination on behalf of 

Brunswick Corporation (‘‘Brunswick’’), 

pursuant to subpart B of part 177, Customs 

and Border Protection (‘‘CBP’’) Regulations 

(19 C.F.R. § 177.21 et seq.). Under the 

pertinent regulations, which implement Title 

III of the Trade Agreements Act of 1979, as 

amended (19 U.S.C. § 2511 et seq.), CBP 

issues country of origin advisory rulings and 

final determinations as to whether an article 

is or would be a product of a designated 

country or instrumentality for the purpose of 

granting waivers of certain ‘‘Buy American’’ 

restrictions in U.S. law or practice for 

products offered for sale to the U.S. 

Government. 

This final determination concerns the 

country of origin of certain upright and 

recumbent exercise bikes. We note that 

Brunswick is a party-at-interest within the 

meaning of 19 C.F.R. § 177.22(d)(1) and is 

entitled to request this final determination. 

FACTS: 

You describe the pertinent facts as follows. 

The items at issue consist of upright and 

recumbent exercise bikes produced in the 

U.S. from U.S. and foreign components by 

Brunswick’s Life Fitness Division. You 

advise that both versions of the bikes are 

produced in the U.S. from a range of 

components and subassemblies. The majority 

of the components which comprise the bikes 

and the various subassemblies are stated to 

be of U.S. origin, with a lesser number 

sourced from Mexico, China, Taiwan, 

Germany, Indonesia, and Korea. All of the 

subassemblies are produced in the U.S. with 

the exception of the standard console 

assembly, which is produced in Indonesia. 

The various subassemblies are ultimately 

assembled into the final frame assembly to 

produce the final product. You state that the 

final assembly, which takes place in the U.S., 

is the most-complex step in the 

manufacturing process, requiring the 

incorporation of all of the other assemblies in 

a precise order to ensure the proper operation 

of the finished bike. The upright and 

recumbent exercise bikes will be tested and 

packaged in the U.S. 

You submitted the list of components for 

the upright and recumbent exercise bikes and 

the origin of each component. You also 

submitted illustrations of the upright and 

recumbent exercise bikes and the step-bystep assembly process in the U.S. 

A. Upright Exercise Bike 

The upright exercise bike is produced from 

a number of distinct subassemblies which, 

with the exception of the console assembly, 

are assembled in the U.S. The primary 

subassemblies include the wheel assembly; 

the leg leveler and nut assembly; the seat 

assembly; the shieve/clutch bearing 

subassembly; the intermediate pulley/shaft; 

the drive pulley/crank hub; the idler-arm 

assembly; the alternator-pulley assembly; the 

rear resistor/bracket/cable assembly; the 

PCB/battery assembly; the reed switch/ 

bracket subassembly; the shroud with decal 

assembly (left & right); and the handlebar 

assembly. The subassemblies are produced 

concurrently and then joined together during 

the final bike frame assembly process. 

The assembly of the upright exercise bike 

is comprised of approximately 352 

individual operational steps and more than 

175 components. The production of the 

subassemblies takes approximately 90 

minutes, which includes 30 minutes for the 

final assembly. 

The upright exercise bike assembly process 

of the principal subassemblies involves: 

1. Pressing flange bearing into wheel using 

arbor press; (wheel assembly) 

2. Securing insert to wheel and bearing 

assembly with a screw; (wheel assembly) 

3. Attaching decal seat post and seat with 

fasteners. Attaching seat post guide, spring 

support brackets, guide base with fasteners 

and pressing on seat post bumper; (seat 

assembly) 

4. Pressing shieve and clutch bearing using 

mandrel; (shieve/clutch bearing 

subassembly) 

5. Securing magnet and standoff assembly 

to crankshaft assembly with a screw; 

(intermediate pulley/shaft) 

6. Securing crank hub to pulley with bolts; 

(drive pulley/crank hub) 

7. Securing pulley to idler arm bracket 

with nut; (idler-arm assembly) 

8. Securing pulley to alternator with nut 

and washer; (alternator-pulley assembly) 

9. Assembling resistor, resistor brackets, 

resistor rod and covering the assembly with 

cardboard insulator; (rear resistor/bracket/ 

cable assembly) 

10. Installing wire harness to the resistor 

terminals with bolts and nuts; (rear resistor/ 

bracket/cable assembly) 

11. Seating stand-offs to PCB bracket with 

mallet; (PCB/battery assembly) 

12. Securing PCB board to seating standoffs with screws; (PCB/battery assembly) 

13. Securing battery to PCB bracket with 

screws; (PCB/battery assembly) 

14. Securing reed switch to reed switch 

bracket with screws; (reed switch/bracket 

subassembly) 

15. Decal application on shrouds; (shroud 

with decal assembly) 

16. Assembling of handlebar with electrode 

(heartbeat measurement) cable assembly, 

poly sleeves, and caution labeling and 

attaching handlebar end caps with mallet. 

(handlebar assembly) 

B. Recumbent Exercise Bike 

Similar to the upright exercise bike, the 

recumbent exercise bike is produced from a 

number of distinct subassemblies which, 

with the exception of the console assembly, 

are assembled in the U.S. The subassemblies 

include but are not limited to the resistormounting bracket assembly; the power-PCB 

bracket assembly; the shroud with decal 

assembly (left & right); the leg leveler 

assembly; the wheel assembly; the 

intermediate-pulley assembly; the idlerbracket pulley assembly; the pulley-clutch 

assembly; the crank-pulley assembly; the 

alternator-pulley assembly; the seat 

assembly; the lock assembly; the roller takeup assembly; the seat extrusion assembly; the 

battery mounting-bracket assembly; the 

extrusion endcap assembly; and the reedswitch mounting bracket assembly. The 

individual subassemblies are produced 

concurrently and then joined together and 

sequenced for the final bike frame assembly 

process to produce the finished recumbent 

bike. 

The assembly of the recumbent exercise 

bike is comprised of approximately 468 

individual operational steps and more than 

270 components. The production of the 

recumbent exercise bike takes approximately 

105 minutes, which includes 14 minutes for 

the final assembly. 


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32808 Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices 

The recumbent exercise bike assembly 

process of the principal subassemblies 

involves: 

1. Securing resistor assembly into bracket 

with nut; (resistor-mounting bracket 

assembly) 

2. Seating stand-offs to PCB bracket with 

mallet; (power-PCB bracket assembly) 

3. Securing the PCB board to stand-offs 

with screws bracket; (power-PCB bracket 

assembly) 

4. Decal application on shrouds; (shroud 

with decal assembly) 

5. Assembling nuts to leg levelers; (leg 

leveler assembly) 

6. Securing insert to wheel and bearing 

assembly with screw; (wheel assembly) 

7. Securing magnet and standoff assembly 

to crankshaft assembly with screw; 

(intermediate-pulley assembly) 

8. Securing pulley to idler arm bracket 

with nut; (idler-bracket pulley assembly) 

9. Pressing shieve and clutch bearing using 

mandrel; (pulley-clutch assembly) 

10. Securing crank hub to pulley with 

bolts; (crank-pulley assembly) 

11. Securing pulley to alternator with nut 

and washer; (alternator-pulley assembly) 

12. Assembling handlebars with seat 

weldment, cable assembly, cable sleeve, 

bottom seat pad, roller take-up assemblies 

and rollers using screws, washers and nuts; 

(seat assembly) 

13. Assembling locking block with 

housing-insert assembly, compression spring, 

retainer bearing into housing, with packed 

housing. Further assembling and locking in 

place with groove pin (using arbor press), 

anti-rattle washer, knob/bracket assembly 

and handle using screws; (lock assembly) 

14. Pressing take-up roller shaft through 

take-up roller plate with arbor press; (roller 

take-up assembly) 

15. Assembling preload rollers to rollerplace assemblies and assembling e-rings to 

assemblies; (roller take-up assembly) 

16. Assembling seat extrusion with 

threaded rivets and cable clamp. Attaching 

locking rack with fasteners, stop bracket and 

bumper strip with screws; (seat extrusion 

assembly) 

17. Securing battery to bracket with screws; 

(battery mounting-bracket assembly) 

18. Assembling decal to endcap; (extrusion 

endcap assembly) 

19. Securing reed switch to reed switch 

bracket with screws. (reed-switch mounting 

bracket assembly) 

ISSUE: 

What is the country of origin of the upright 

and recumbent exercise bikes for the purpose 

of U.S. government procurement? 

LAW AND ANALYSIS: 

Pursuant to subpart B of part 177, 19 C.F.R. 

§ 177.21 et seq., which implements Title III 

of the Trade Agreements Act of 1979, as 

amended (19 U.S.C. § 2511 et seq.), CBP 

issues country of origin advisory rulings and 

final determinations as to whether an article 

is or would be a product of a designated 

country or instrumentality for the purposes 

of granting waivers of certain ‘‘Buy 

American’’ restrictions in U.S. law or practice 

for products offered for sale to the U.S. 

Government. 

Under the rule of origin set forth under 19 

U.S.C. § 2518(4)(B): 

‘‘An article is a product of a country or 

instrumentality only if (i) it is wholly the 

growth, product, or manufacture of that 

country or instrumentality, or (ii) in the case 

of an article which consists in whole or in 

part of materials from another country or 

instrumentality, it has been substantially 

transformed into a new and different article 

of commerce with a name, character, or use 

distinct from that of the article or articles 

from which it was so transformed.’’ 

See also, 19 C.F.R. § 177.22(a). 

In rendering advisory rulings and final 

determinations for purposes of U.S. 

government procurement, CBP applies the 

provisions of subpart B of part 177 consistent 

with the Federal Acquisition Regulations. 

See 19 C.F.R. § 177.21. In this regard, CBP 

recognizes that the Federal Acquisition 

Regulations restrict the U.S. Government’s 

purchase of products to U.S.-made or 

designated country end products for 

acquisitions subject to the TAA. See 48 

C.F.R.§ 25.403(c)(1). The Federal Acquisition 

Regulations define ‘‘U.S.-made end product’’ 

as: 

‘‘* * * an article that is mined, produced, or 

manufactured in the United States or that is 

substantially transformed in the United 

States into a new and different article of 

commerce with a name, character, or use 

distinct from that of the article or articles 

from which it was transformed.’’ 

48 C.F.R. § 25.003. 

In determining whether the combining of 

parts or materials constitutes a substantial 

transformation, the determinative issue is the 

extent of operations performed and whether 

the parts lose their identity and become an 

integral part of the new article. Belcrest 

Linens v. United States, 573 F. Supp. 1149 

(Ct. Int’l Trade 1983), aff’d, 741 F.2d 1368 

(Fed. Cir. 1984). Assembly operations that are 

minimal or simple, as opposed to complex or 

meaningful, will generally not result in a 

substantial transformation. Factors which 

may be relevant in this evaluation may 

include the nature of the operation 

(including the number of components 

assembled), the number of different 

operations involved, and whether a 

significant period of time, skill, detail, and 

quality control are necessary for the assembly 

operation. See C.S.D. 80–111, C.S.D. 85–25, 

C.S.D. 89–110, C.S.D. 89–118, C.S.D. 90–51, 

and C.S.D. 90–97. If the manufacturing or 

combining process is a minor one which 

leaves the identity of the article intact, a 

substantial transformation has not occurred. 

Uniroyal, Inc. v. United States, 3 CIT 220, 

542 F. Supp. 1026 (1982), aff’d 702 F. 2d 

1022 (Fed. Cir. 1983). 

In order to determine whether a substantial 

transformation occurs when components of 

various origins are assembled into completed 

products, CBP considers the totality of the 

circumstances and makes such 

determinations on a case-by-case basis. The 

country of origin of the item’s components, 

extent of the processing that occurs within a 

country, and whether such processing 

renders a product with a new name, 

character, and use are primary considerations 

in such cases. Additionally, factors such as 

the resources expended on product design 

and development, extent and nature of postassembly inspection and testing procedures, 

and the degree of skill required during the 

actual manufacturing process may be 

relevant when determining whether a 

substantial transformation has occurred. No 

one factor is determinative. 

In a number of rulings (e.g., Headquarters 

Ruling Letter (‘‘HQ’’) 735608, dated April 27, 

1995 and HQ 559089 dated August 24, 1995), 

CBP has stated: ‘‘in our experience these 

inquiries are highly fact and product specific; 

generalizations are troublesome and 

potentially misleading.’’ 

In HQ 735368, dated June 30, 1994, CBP 

held that the country of origin of a certain 

finished bike assembled in Taiwan with 

components made in several countries was 

Taiwan. CBP stated that because the bicycle 

was assembled in Taiwan and one of the 

bicycle’s most significant components, the 

frame, was made in Taiwan, the country of 

origin of the bicycle was Taiwan. Although 

the other components came from several 

different countries, when they were 

assembled together in Taiwan, they each lost 

their separate identity and became an integral 

part of a new article of commerce, a bicycle. 

In the instant case, the assembly of the 

upright exercise bike is comprised of 

approximately 352 discrete steps and over 

175 U.S. and foreign components. The 

assembly of the recumbent exercise bike is 

comprised of approximately 468 discrete 

steps and over 270 U.S. and foreign 

components. With the exception of the 

standard console subassembly, all of the 

subassemblies are produced in the U.S. from 

U.S. and foreign components. The 

subassemblies are then assembled into the 

final frame assembly. We find that under the 

described assembly process, the foreign 

components lose their individual identities 

and become an integral part of the articles, 

the upright and recumbent exercise bikes, 

possessing a new name, character and use. 

The assembly process that occurs in the U.S. 

is complex and meaningful and requires the 

assembly of a large number of components 

into subassemblies to be assembled into the 

final products. Further, we note that a 

substantial number of components are of U.S. 

origin, where the assembly occurs, which 

was an important consideration in HQ 

735368. Therefore, based upon the 

information before us, we find that the 

imported components that are used to 

manufacture the upright and recumbent 

exercise bikes are substantially transformed 

as a result of the assembly operations 

performed in the U.S. and that the country 

of origin of the bikes for government 

procurement purposes is the U.S. 

HOLDING: 

The components that are used to 

manufacture the upright and recumbent 

exercise bikes are substantially transformed 

as a result of the assembly operations 

performed in the U.S. Therefore, the country 

of origin of the upright and recumbent 

exercise bikes for government procurement 

purposes is the U.S. 

Notice of this final determination will be 

given in the Federal Register, as required by 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices 32809 

19 C.F.R.§ 177.29. Any party-at-interest other 

than the party which requested this final 

determination may request, pursuant to 19 

C.F.R.§ 177.31, that CBP reexamine the 

matter anew and issue a new final 

determination. Pursuant to 19 C.F.R.§ 177.30, 

any party-at-interest may, within 30 days 

after publication of the Federal Register 

notice referenced above, seek judicial review 

of this final determination before the Court 

of International Trade. 

Sincerely, 

Sandra L. Bell 

Executive Director, Regulations and Rulings 

Office of International Trade. 

[FR Doc. 2010–13847 Filed 6–8–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

30-Day Notice of Submission to the 

Office of Management and Budget 

(OMB); Opportunity for Public 

Comment 

AGENCY: Department of the Interior, 

National Park Service. 

ACTION: Notice and request for 

comments. 

SUMMARY: Under provisions of the 

Paperwork Reduction Act of 1995 and 5 

CFR Part 1320, Reporting and 

Recordkeeping Requirements, the 

National Park Service (NPS) invites 

public comments on a proposed new 

collection of information (OMB #1024– 

XXXX). 

DATES: Public comments on this 

Information Collection Request (ICR) 

will be accepted on or before July 9, 

2010. 

ADDRESSES: You may submit comments 

directly to the Desk Officer for the 

Department of the Interior (OMB #1024– 

XXXX), Office of Information and 

Regulatory Affairs, OMB, by fax at 202/ 

395–5806, or by electronic mail at 

oira_docket@omb.eop.gov. Please also 

send a copy of your comments to Eppley 

Institute for Parks and Public Land, 

Indiana University Research Park, RE 

ASIS, 501 Morton Street, Suite 101, 

Bloomington, Indiana 47404; or via fax 

to 812/855–5600; or via e-mail to 

eppley@indiana.edu. 

FOR FURTHER INFORMATION CONTACT: Dr. 

James Gramann, NPS Social Science 

Division, 1201 ‘‘Eye’’ St., Washington, 

DC 20005; or via phone 202–513–7189; 

or via e-mail 

James_Gramann@partner.nps.gov. You 

are entitled to a copy of the entire ICR 

package free-of-charge. You may access 

this ICR at http://www.reginfo.gov/ 

public/. 

Comments Received on the 60-Day 

Federal Register Notice: The NPS 

published a 60-day notice to solicit 

public comments on an information 

collection request entitled ‘‘Assessing 

Visitor Attitudes, Experiences, and 

Expectations Associated with the 

Management and Use of Oversand 

Vehicles at Assateague Island National 

Seashore’’ in the Federal Register on 

February 8, 2008 (Vol. 73, No. 34, Page 

9354–9355). Publication of the Federal 

Register notice was supplemented by 

multiple notifications to stakeholders 

about the proposed study. The NPS 

received 43 comments as a result the 60- 

day notice and the stakeholder 

notifications. The comments and 

responses are summarized below: 

(1) A number of comments either 

supported or opposed the use of 

oversand vehicles (OSVs) at Assateague 

Island National Seashore. These 

comments related to possible 

management actions NPS might take, 

but did not relate to the need for the 

information collection or the burden of 

the collection. 

(2) Three commenters requested a 

copy of the draft survey. Copies were 

sent to each of the parties requesting 

them. 

(3) The Defenders of Wildlife and the 

Center for Biological Diversity sent a 

joint set of comments. Some of these 

comments concerned the current 

management of the OSV zone, while 

others included specific thoughts on the 

proposed survey. As a result, the 

Defenders of Wildlife and the Center for 

Biological Diversity, along with the 

Assateague Mobil Sport Fishermen’s 

Association, were invited to comment 

on the content and wording of the draft 

questionnaires. The Defenders of 

Wildlife and the Center for Biological 

Diversity declined to provide additional 

comments. The Assateague Mobil Sport 

Fishermen Association did provide 

additional feedback, including 

recommendations for wording changes 

in some questions, along with guidance 

to make sure the information collected 

was relevant to issues surrounding the 

OSV zone. There were also concerns 

that a particular area of the OSV Zone 

was being targeted in a number of the 

questions. The surveys were modified as 

a result of these comments. 

SUPPLEMENTARY INFORMATION: 

Title: Assessing Visitor Attitudes 

Experiences and Expectations 

Associated with the Management and 

Use of Oversand Vehicles at Assateague 

Island National Seashore. 

Bureau Form Number(s): None. 

OMB Number: To be requested. 

Expiration Date: To be requested. 

Type of Request: New collection. 

Description of Need: The proposed 

study will supply input into identifying 

and evaluating alternatives for future 

management of Oversand Vehicle (OSV) 

use at Assateague Island National 

Seashore (ASIS), Maryland. The 

purpose of this research is to provide 

park managers with information about 

the characteristics of visitors to the OSV 

zone and adjacent backcountry areas in 

the park, attributes of the OSV zone that 

are important to the quality of visitor 

experiences, and visitor attitudes 

regarding OSV management, use, and 

resource protection practices. 

The use of OSVs for access and 

recreation is a traditional activity that 

occurred at Assateague prior to the 

establishment of the National Seashore 

in 1965. Management of OSVs was 

formalized with the adoption of special 

regulations (36 CFR 7.65) in 1974, 

which established vehicle and 

equipment requirements, an OSV permit 

system, general requirements for legal 

operation, and a maximum limit of 145 

vehicles using the Maryland District 

OSV zone at any time. OSV use was 

reevaluated in 1982 during the 

Seashore’s general management 

planning process. The General 

Management Plan (GMP) designated a 

‘‘Traditional Recreation Subzone’’ in the 

Maryland District approximately 12 

miles long to be managed for multiple 

uses, including oversand travel by 

properly equipped and permitted OSVs. 

The Traditional Recreation Subzone 

also includes a small area for overnight 

accommodation of self-contained OSVs 

and two hike-in backcountry 

campgrounds. In 2008, the NPS began a 

revision of the GMP for ASIS. The 

revised GMP will: (1) Clearly define the 

desired natural and cultural resource 

conditions to be achieved and 

maintained over time; (2) clearly define 

the necessary conditions for visitors to 

understand, enjoy, and appreciate the 

park’s significant resources; (3) identify 

the kinds and levels of management 

activities, visitor use, and development 

that are appropriate for maintaining the 

desired conditions; and (4) identify 

indicators and standards for 

maintaining the desired conditions. 

The proposed study will assist in the 

GMP revision by informing decisions 

related to the management of OSV use 

at ASIS. The study has two primary 

objectives: (1) Develop baseline data on 

users of the Traditional Recreation 

Subzone, including types, frequency 

and patterns of use, and their socioeconomic and demographic 

characteristics; and (2) provide input 

into potential indicators and standards 

of quality for maintaining the desired 


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