56792 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 

3884, in the Herbert C. Hoover Building, 

14th Street between Pennsylvania and 

Constitution Avenues, NW., 

Washington, DC. The Committee 

advises the Office of the Assistant 

Secretary for Export Administration 

with respect to technical questions that 

affect the level of export controls 

applicable to materials processing 

equipment and related technology. 

Agenda 

Open Session 

1. Opening Remarks and 

Introductions. 

2. Presentation of Papers and 

Comments by the Public. 

3. Review on September 2008 

Wassenaar Expert’s Meeting. 

4. Discussion on 2009 Proposals. 

5. Report on proposed changes to the 

Export Administration Regulations. 

6. Other Business. 

Closed Session 

7. Discussion of matters determined to 

be exempt from the provisions relating 

to public meetings found in 5 U.S.C. 

app. 2 sections 10(a)(1) and 10(a)(3). 

The open session will be accessible 

via teleconference to 20 participants on 

a first come, first serve basis. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at 

Yspringer@bis.doc.gov no later than 

October 9, 2008. 

A limited number of seats will be 

available for the public session. 

Reservations are not accepted. To the 

extent that time permits, members of the 

public may present oral statements to 

the Committee. The public may submit 

written statements at any time before or 

after the meeting. However, to facilitate 

the distribution of public presentation 

materials to the Committee members, 

the Committee suggests that presenters 

forward the public presentation 

materials prior to the meeting to Ms. 

Springer via e-mail. 

The Assistant Secretary for 

Administration, with the concurrence of 

the delegate of the General Counsel, 

formally determined on July 16, 2008, 

pursuant to Section 10(d) of the Federal 

Advisory Committee Act, as amended (5 

U.S.C. app. 2 sections (10)(d)), that the 

portion of the meeting dealing with 

matters the disclosure of which would 

be likely to frustrate significantly 

implementation of an agency action as 

described in 5 U.S.C. 552b(c)(9)(B) shall 

be exempt from the provisions relating 

to public meetings found in 5 U.S.C. 

app. 2 sections 10(a)1 and 10(a)(3). 

The remaining portions of the meeting 

will be open to the public. 

For more information, call Yvette 

Springer at (202) 482–2813. 

Dated: September 25, 2008. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. E8–22986 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 0809191238–81241–01] 

National Defense Stockpile Market 

Impact Committee Request for Public 

Comments on the Potential Market 

Impact of Proposed Stockpile 

Disposals for Fiscal Year 2010 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notice of inquiry. 

SUMMARY: This notice is to advise the 

public that the National Defense 

Stockpile Market Impact Committee, cochaired by the Departments of 

Commerce and State, is seeking public 

comments on the potential market 

impact of the proposed disposal levels 

of excess materials for the Fiscal Year 

(FY) 2010 Annual Materials Plan. 

DATES: To be considered, written 

comments must be received by October 

30, 2008. 

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), e-mail: 

MIC@bis.doc.gov; or Peter Secor, U.S. 

Department of State, Bureau of 

Economic and Business Affairs, Office 

of International Energy and Commodity 

Policy, Washington, DC 20520, fax: 

(202) 647–8758 (Attn: Peter Secor), or 

e-mail: SecorPF@state.gov. 

FOR FURTHER INFORMATION CONTACT: 

David Newsom, Office of Strategic 

Industries and Economic Security, 

Bureau of Industry and Security, U.S. 

Department of Commerce, Telephone: 

(202) 482–7417. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the authority of the Strategic 

and Critical Materials Stock Piling Act 

of 1979, as amended (50 U.S.C. 98, et 

seq.), the Department of Defense (DOD), 

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 3314 of the Fiscal Year 

(FY) 1993 National Defense 

Authorization Act (NDAA) (50 U.S.C. 

98h–1) 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 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 contained in the 

stockpile. 

In Attachment 1, the Defense National 

Stockpile Center (DNSC) lists the 

proposed quantities that are enumerated 

in the stockpile inventory for the FY 

2010 Annual Materials Plan. The 

Committee is seeking public comments 

on the potential market impact of the 

sale of these materials. Public comments 

are an important element of the 

Committee’s market impact review 

process. 

The quantities listed in Attachment 1 

are not disposal or sales target 

quantities, but rather a statement of the 

proposed maximum disposal quantity of 

each listed material that may be sold in 

a particular fiscal year by the DNSC. 

The quantity of each material that will 

actually be offered for sale will depend 

on the market for the material at the 

time of the offering as well as on the 

quantity of each material approved for 

disposal 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 sale of these commodities. 

All comments must be submitted to the 

address indicated in this notice. All 

comments submitted through e-mail 

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 October 30, 2008. The Committee 

will consider all comments received 

before the close of the comment period. 


ebenthall on PROD1PC60 with NOTICES
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 56793 

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 nonconfidential 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: September 22, 2008. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

ATTACHMENT 1—PROPOSED FY 2010 ANNUAL MATERIALS PLAN

Material Unit Quantity Footnote 

Bauxite, Metallurgical Jamaican .............................................................................................................. LDT 5,000 (1) 

Beryl Ore .................................................................................................................................................. ST 1 (1) 

Beryllium Metal ........................................................................................................................................ ST 60 ....................

Chromium, Ferro ...................................................................................................................................... ST 100,000 ....................

Chromium, Metal ..................................................................................................................................... ST 1,000 ....................

Cobalt ....................................................................................................................................................... LB Co 1,000,000 (1) 

Columbium Metal Ingots .......................................................................................................................... LB Cb 10,000 (1) 

Germanium .............................................................................................................................................. Kg 8,000 ....................

Manganese, Chemical Grade .................................................................................................................. SDT 5,000 (1) 

Manganese, Ferro ................................................................................................................................... ST 100,000 ....................

Manganese, Metallurgical Grade ............................................................................................................. SDT 100,000 (1) 

Platinum ................................................................................................................................................... Tr Oz 9,000 (1) 

Platinum-Iridium ....................................................................................................................................... Tr Oz 1,000 (1) 

Talc .......................................................................................................................................................... ST 1,000 (1) 

Tantalum Carbide Powder ....................................................................................................................... LB Ta 4,000 (1) 

Tin ............................................................................................................................................................ MT 4,000 (1) 

Tungsten Metal Powder ........................................................................................................................... LB W 300,000 ....................

Tungsten Ores & Concentrates ............................................................................................................... LB W 8,000,000 ....................

VTE, Quebracho ...................................................................................................................................... LT 6,000 (1) 

Zinc .......................................................................................................................................................... ST 8,500 (1) 

1Actual quantity will be limited to remaining inventory. 

[FR Doc. E8–22734 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 080507636–8637–01] 

Revisions to the Unverified List— 

Guidance as to ‘‘Red Flags’’ Under 

Supplement No. 3 to 15 CFR Part 732 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notice. 

SUMMARY: On June 14, 2002, the Bureau 

of Industry and Security (‘‘BIS’’) 

published a notice in the Federal 

Register that set forth a list of persons 

in foreign countries who were parties to 

past export transactions where prelicense checks (‘‘PLC’’) or post-shipment 

verifications (‘‘PSV’’) could not be 

conducted for reasons outside the 

control of the U.S. Government 

(‘‘Unverified List’’). Additionally, on 

July 16, 2004, BIS published a notice in 

the Federal Register that advised 

exporters that the Unverified List would 

also include persons in foreign 

countries in transactions where BIS is 

not able to verify the existence or 

authenticity of the end-user, 

intermediate consignee, ultimate 

consignee, or other party to the 

transaction. These notices advised 

exporters that the involvement of a 

listed person as a party to a proposed 

transaction constitutes a ‘‘red flag’’ as 

described in the guidance set forth in 

Supplement No. 3 to 15 CFR Part 732, 

requiring heightened scrutiny by the 

exporter before proceeding with such a 

transaction. The notices also stated that, 

when warranted, BIS would remove 

persons from the Unverified List. This 

notice removes one entity from the 

Unverified List based upon recently 

conducted PSVs or scheduled PSVs. 

The entity is: Fuchs Oil Middle East 

Ltd., P.O. Box 7955, Sharjah Airport 

Intl. Free Zone, Sharjah, United Arab 

Emirates. 

DATES: This notice is effective 

September 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Todd E. Willis, Assistant Director, 

Office of Enforcement Analysis, Bureau 

of Industry and Security, Telephone 

Number: (202) 482–4255. 

SUPPLEMENTARY INFORMATION: In 

administering export controls under the 

Export Administration Regulations (15 

CFR Parts 730 to 774) (‘‘EAR’’), BIS 

carries out a number of preventive 

enforcement activities with respect to 

individual export transactions. Such 

activities are intended to assess 

diversion risks, identify potential 

violations, verify end-uses, and 

determine the suitability of end-users to 

receive U.S. commodities or technology. 

In carrying out these activities, BIS 

officials, or officials of other federal 

agencies acting on BIS’s behalf, conduct 

PLCs in appropriate situations to verify 

the bona fides of the transaction and the 

suitability of the end-user or ultimate 

consignee. In addition, such officials 

sometimes carry out PSVs to ensure that 

U.S. exports have actually been 

delivered to the authorized end-user, are 

being used in a manner consistent with 

the terms of a license or license 

exception, and are otherwise consistent 

with the EAR. 

In a notice issued on June 14, 2002 

(67 FR 40910), BIS set forth an 

Unverified List of certain foreign endusers and consignees involved in export 

transactions where BIS officials, or other 


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