Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices 61509 

68). This request for comment is being 

made pursuant to the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13; 

44 U.S.C. 3505(c)(2)). 

DATES: Written comments should be 

received on or before December 6, 2010, 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to U.S. Customs and Border Protection, 

Attn: Tracey Denning, Regulations and 

Rulings, Office of International Trade, 

799 9th Street, NW., 5th Floor, 

Washington, DC 20229–1177. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Tracey Denning, 

U.S. Customs and Border Protection, 

Regulations and Rulings, Office of 

International Trade, 799 9th Street, 

NW., 5th Floor, Washington, DC. 

20229–1177, at 202–325–0265. 

SUPPLEMENTARY INFORMATION: CBP 

invites the general public and other 

Federal agencies to comment on 

proposed and/or continuing information 

collections pursuant to the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13; 

44 U.S.C. 3505(c)(2)). The comments 

should address: (a) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimates of the burden of the 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

ways to minimize the burden including 

the use of automated collection 

techniques or the use of other forms of 

information technology; and (e) the 

annual costs burden to respondents or 

record keepers from the collection of 

information (a total capital/startup costs 

and operations and maintenance costs). 

The comments that are submitted will 

be summarized and included in the CBP 

request for Office of Management and 

Budget (OMB) approval. All comments 

will become a matter of public record. 

In this document CBP is soliciting 

comments concerning the following 

information collection: 

Title: Canadian Border Boat Landing 

Permit. 

OMB Number: 1651–0108. 

Form Number: CBP Form I–68. 

Abstract: The Canadian Border Boat 

Landing Permit (CBP Form I–68) allows 

participants entering the United States 

along the northern border by small 

pleasure boats less than 5 tons to 

telephonically report their arrival 

without having to appear in person for 

an inspection by a CBP officer. United 

States citizens, Lawful Permanent 

Residents of the United States, Canadian 

citizens, Landed Commonwealth 

Residents of Canada, and Landed 

Residents of Canada who are nationals 

of Visa Waiver Program countries listed 

in 8 CFR 217.2(a) are eligible to 

participate. 

The information collected on Form I– 

68 allows people who enter the United 

States from Canada by small pleasure 

boats to be inspected only once during 

the boating season, rather than each 

time they make an entry. This 

information collection is provided for 

by 8 CFR 235.1(e) and Section 235 of 

Immigration and Nationality Act. CBP 

Form I–68 is accessible at http:// 

forms.cbp.gov/pdf/CBP_Form_I68.pdf. 

Current Actions: This submission is 

being made to extend the expiration 

date with no change to the burden 

hours. 

Type of Review: Extension (without 

change). 

Affected Public: Individuals or 

Households. 

Estimated Number of Respondents: 

68,000. 

Estimated Time per Respondent: 10 

minutes. 

Estimated Total Annual Burden 

Hours: 11,288. 

Estimated Annual Cost: $1,088,000. 

Dated: September 30, 2010. 

Tracey Denning, 

Agency Clearance Officer, U.S. Customs and 

Border Protection. 

[FR Doc. 2010–25027 Filed 10–4–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning Solar 

Photovoltaic Panel Systems 

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 solar photovoltaic 

systems which may be offered to the 

United States Government under a 

government procurement contract. 

Based upon the facts presented, in the 

final determination CBP concluded that 

the U.S. is the country of origin of the 

solar photovoltaic systems for purposes 

of U.S. Government procurement. 

DATES: The final determination was 

issued on September 29, 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 on or before 

November 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Karen S. Greene, Valuation and Special 

Programs Branch, Regulations and 

Rulings, Office of International Trade 

(202–325–0041). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on September 29, 

2010, 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 certain solar photovoltaic 

systems which may be offered to the 

United States Government under a 

government procurement contract. This 

final determination, in HQ H095409 was 

issued at the request of Solyndra, Inc. 

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 

concluded that, based upon the facts 

presented, certain articles will be 

substantially transformed in the U.S. 

Therefore, CBP found that the U.S. is 

the country of origin of the finished 

articles 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: September 29, 2010. 

Sandra L. Bell, 

Executive Director, Office of Regulations and 

Rulings, Office of International Trade. 

HQ H095409 

September 29, 2010 

OT:RR:CTF:VS H095409 KSG 

Joshua Holzer, Wilson Sonsini Goodrich & 

Rosati, 1700 K Street NW, Fifth Floor, 

Washington, D.C. 20006–3817 

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

Trade Agreements Act of 1979; Country of 

Origin of solar photovoltaic panel system; 

substantial transformation 

Dear Mr. Holzer: 

This is in response to your letter, dated 

February 17, 2010, requesting a final 

determination on behalf of Solyndra, Inc., 

pursuant to subpart B of 19 CFR Part 177. 

Your submission of August 4, 2010, was 

considered as part of the file. 

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61510 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices 

Under these regulations, which implement 

Title III of the Trade Agreements Act of 1979, 

as amended (19 U.S.C. 2511 et seq.) (‘‘TAA’’), 

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. 

This final determination concerns the 

country of origin of certain photovoltaic 

panel systems that Solyndra may sell to the 

U.S. Government. We note that Solyndra is 

a party-at-interest within the meaning of 19 

CFR 177.22(d)(1) and is entitled to request 

this final determination. 

Facts: 

The photovoltaic panels convert sunlight 

on low-slope commercial rooftops into 

electricity. The solar photovoltaic (‘‘PV’’) 

panel systems contain both U.S. and foreignorigin raw materials and components. The 

following components are of U.S. origin: 

Ammonium hydroxide, an optical coupling 

agent, the middle tube, the outer tube, a frit, 

a gas bag, grease, a frame adhesive, wire 

harnesses, and the label nameplate. 

The following raw materials are from 

foreign sources (Austria, Japan, the 

Netherlands, the United Kingdom, Belgium, 

and Switzerland): Molybdenum, copper, 

indium, gallium, selenium, cadmium sulfide, 

hydrochloric acid, and transparent 

conductive oxide. The manufactured 

components, which are produced in 

Germany, Switzerland, Singapore, Malaysia, 

Belgium, and China, are: An inner glass tube, 

an outer cap, an assembled pin, an inner 

contact, harness adhesive, beam, frames, 

universal, welded aluminum mounts, panel 

mount screw, lateral clip, grounding strap 

assembly, and a grounding strap screw. 

Solyndra has a manufacturing facility in 

California where both a front end process and 

a back end process are performed, which 

takes approximately six and one half days to 

complete. Solyndra also conducts all its 

research and development for its product in 

the U.S. The front end process converts bare 

glass tubes into functional PV cells. The back 

end process encapsulates these tubes in a 

glass outer tube, isolating the active material 

from the environment by a true hermetic seal. 

The last step in the back end process is to 

assemble these finished modules onto a 

panel frame, resulting in a solar panel ready 

for rooftop installation. 

The front end process includes five steps 

which turn a raw glass tube into a component 

for a PV system. The five steps are as follows: 

(1) Bare glass tubes are cleaned using 

standard ultra-sonic bath and surfactant 

technology. 

(2) Quality assurance testing is conducted 

using precisely calibrated machinery. 

(3) Using Solyndra’s proprietary in-line 

vacuum systems and physical vapor 

deposition and evaporation techniques, 

several layers of different thin films of 

molybdenum, copper, indium, gallium, and 

selenium, are deposited on the glass tube. 

(4) The glass tubes are immersed into a 

precise chemical mixture, at a controlled 

temperature and Cadmium Sulfide is 

deposited onto the glass at a controlled 

thickness. 

(5) Using either lasers or mechanical 

scribes to define solar cells and interconnect 

them, the deposited films are precisely 

patterned to increase the solar collection 

efficiency of the glass tubes. 

The back end process, which includes 

eight steps described below, subjects the 

treated glass tubes to additional processes to 

create finished modules that protect the solar 

cells from degradation over their 25-year 

service life in a rooftop installation. The 

Modules are then assembled into panels and 

combined with mounts, cable management 

components, and mounting hardware, 

resulting in a finished PV system. The eight 

steps are as folllows: 

(1) The processed glass tubes are 

encapsulated in a plastic middle tube and a 

glass outer tube, creating a Module. 

(2) Metal connectors are placed at each end 

of the Module to enable the Module to float 

in the completed PV System. 

(3) Through a complex process that 

involves melting glass and metal together, the 

ends of each Module are covered with a 

stainless steel cap, creating a hermetic seal. 

(4) After removing water and air from the 

Module, an optical coupling agent is used to 

fill the space between the inner and outer 

glass tubes and a plug is placed at the end 

of the Module to complete the sealing 

process. 

(5) The plug is laser welded in place, and 

the weld is inspected for defects. 

(6) Using a mass spectrometer based 

Helium leak detection system, each Module 

is checked for leaks. 

(7) The approved Modules are then 

subjected to artificial sunlight and tested to 

determine the level of electricity being 

produced. 

(8) Based on their performance, tubes are 

grouped in sets of 40 to make each solar 

panel. 

Forty (40) finished Modules are pressed 

into each panel frame. Solyndra’s customized 

mounts and mounting hardware are added to 

each panel to create a complete PV system, 

ready for rooftop installation. 

Issue: 

What is the country of origin of the solar 

PV panel system described above for the 

purposes of U.S. government procurement. 

Law and Analysis: 

Pursuant to Subpart B of Part 177, 19 CFR 

§ 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. 

The rule of origin set forth in 19 U.S.C. 

§ 2518(4)(B) states: 

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 CFR § 177.22(a) defining ‘‘country of 

origin’’ in identical terms. 

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 Procurement Regulations. 

See 19 CFR § 177.21. In this regard, CBP 

recognizes that the Federal Procurement 

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 CFR 

§ 25.403(c)(1). The Federal Procurement 

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 CFR 

§ 25.003. Therefore, the question presented in 

this final determination is whether, as a 

result of the operations performed in the 

United States, the foreign materials and 

components are substantially transformed 

into a product of the United States. 

In determining whether the combining of 

parts or materials constitutes a substantial 

transformation, the determinative issue is the 

extent of the operations performed and 

whether the parts lose their identity and 

become an integral part of the new article. 

Belcrest Linens v. United States, 6 Ct. Int’l 

Trade 204, 573 F. Supp. 1149 (1983), aff’d, 

741 F.2d 1368 (Fed. Cir. 1984). If the 

manufacturing or combining process is a 

minor one that leaves the identity of the 

imported article intact, a substantial 

transformation has not occurred. Uniroyal, 

Inc. v. United States, 3 Ct. Int’l Trade 220, 

542 F. Supp. 1026 (1982). Assembly 

operations that are minimal or simple, as 

opposed to complex or meaningful, generally 

will not result in a substantial 

transformation. 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. 

In order to determine whether a substantial 

transformation occurs when components of 

various origins are assembled to form 

completed articles, CBP considers the totality 

of the circumstances and makes such 

decisions on a case-by-case basis. The 

country of origin of the article’s components, 

the extent of the processing that occurs 

within a given country, and whether such 

processing renders a product with a new 

name, character, and use are primary 

considerations in such cases. Additionally, 

resources expended on product design and 

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

worker skill required during the actual 

manufacturing process will be considered 

when analyzing whether a substantial 

transformation has occurred; however, no 

one factor is determinative. 

In this case, the solar PV systems are 

produced in a production facility located in 

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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices 61511 

the U.S. All the research and development 

for the solar PV panel system is performed 

in the U.S. A significant number of the 

components used to make these products are 

of U.S.-origin. Further, this case clearly 

involves complex and meaningful assembly 

operations performed in the U.S. Several 

layers of thin film deposits are placed on the 

bare glass tubes which are then transformed 

into a module for a solar PV panel system 

with a new name, different and specialized 

characteristics and use. Therefore, we find 

that the imported components are 

substantially transformed in the U.S. and that 

the country of origin of the solar PV panel 

systems is the U.S. for purposes of U.S. 

Government procurement. 

We suggest that you contact the Federal 

Trade Commission to determine whether the 

solar panel systems may be marked ‘‘Made in 

the U.S.A.’’, which is within their 

jurisdiction. 

Holding: 

Based on the facts of this case, the country 

of origin of the solar PV panel systems is the 

U.S. for purposes of U.S. Government 

procurement. 

Notice of this final determination will be 

given in the Federal Register, as required by 

19 CFR § 177.29. Any party-at-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 party-atinterest 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. 2010–25024 Filed 10–4–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Approved Tribal-State 

Compact. 

SUMMARY: This notice publishes 

approval of the State of Oklahoma 

Cherokee Nation Off-Track Wagering 

Compact. 

DATES: Effective Date: October 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

(202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. This Compact 

authorizes the Cherokee Nation of 

Oklahoma to engage in off-track 

wagering. 

Dated: September 23, 2010. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2010–25005 Filed 10–4–10; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Approved Tribal-State 

Class III Gaming Compact. 

SUMMARY: This notice publishes an 

extension of Gaming Compact between 

the Rosebud Sioux Tribe and the State 

of South Dakota. 

DATES: Effective Date: October 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

(202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. This amendment 

allows for the extension of the current 

Tribal-State Compact until February 28, 

2011. 

Dated: September 17, 2010. 

Paul Tsosie, 

Chief of Staff to the Assistant Secretary— 

Indian Affairs. 

[FR Doc. 2010–25003 Filed 10–4–10; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

Intent To Prepare a Supplemental 

Environmental Impact Statement: 

Outer Continental Shelf, Alaska OCS 

Region, Chukchi Sea Planning Area, 

Oil and Gas Lease Sale 193 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE) is giving notice 

of its intent to publish a Supplemental 

Environmental Impact Statement for 

Outer Continental Shelf (OCS) Oil and 

Gas Lease Sale 193 in the Chukchi Sea 

Planning Area, Alaska. This 

Supplementary EIS will provide new 

analysis in response to a remand by the 

United States District Court for the 

District of Alaska. 

ADDRESSES: Address all comments 

concerning this notice to Deborah 

Cranswick, Chief, Environmental 

Analysis Section I, Bureau of Ocean 

Energy Management, Regulation and 

Enforcement, Alaska OCS Region, 3801 

Centerpoint Drive, Suite 500, 

Anchorage, Alaska 99503–5820. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Cranswick, 907–334–5267. 

SUPPLEMENTARY INFORMATION: 

1. Authority: The NOI is published 

pursuant to the regulations (40 CFR 

1508.22(b)) implementing the 

provisions of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.) 

(NEPA). 

2. Purpose of Notice of Intent: 

Pursuant to the regulations (40 CFR 

1508.22) implementing the procedural 

provisions of NEPA, the BOEMRE is 

announcing its intent to prepare a 

Supplemental EIS for OCS Oil and Gas 

Lease Sale 193 in the Chukchi Sea 

Planning Area, Alaska. The 

Supplemental EIS will supplement the 

analysis from the Lease Sale 193 Final 

EIS (OCS EIS/EA MMS 2007–0026) by: 

(1) Analyzing the environmental impact 

of natural gas development; (2) 

determining whether missing 

information identified by BOEMRE is 

relevant or essential to the 

decisionmaking under 40 CFR 1502.22; 

and (3) determining whether the cost of 

obtaining the missing information is 

exorbitant, or the means of obtaining the 

information is unknown. The Final EIS 

for Sale 193 evaluated the potential 

effects of the proposed sale and three 

mstockstill on DSKH9S0YB1PROD with NOTICES