Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62849 

dated May 28, 2010, we ruled on the country 

of origin of a lift unit for an overhead patient 

lift system. Among the issues that we 

considered was whether a battery charger, 

when inserted into the hand control unit 

inside the lift unit, was substantially 

transformed. Relying on the Uniden decision, 

we noted that the substantial transformation 

test should be applied to the product as a 

whole and not to each of the parts. We 

determined that the lift unit conveyed the 

essential character to the system and because 

the detachable hand control and the battery 

charger were parts of that system, they were 

substantially transformed when attached to 

the lift unit. Thus, we held that the country 

of origin of the hand control unit and battery 

charger when packaged with the lift unit was 

Sweden. 

In H089762 dated June 2, 2010, CBP 

determined that component parts and 

subassemblies that were used to produce a 

hand-held mobile computer were 

substantially transformed for government 

procurement purposes in Canada as a result 

of a complex assembly and installation of 

Canadian software programming in Canada. 

Included in the hand-held computer was a 

stylus and stylus holder from China. 

Although the stylus was merely included 

with the hand held computer and not 

permanently attached to it, our analysis did 

not find that the stylus and stylus holder kept 

their separate identities. Instead, the ruling 

only addressed the question of what was the 

country of origin of the whole hand-held 

computer system. We determined that 

Canada was the country of origin of the handheld computer system, and thus those minor 

components such as the stylus and stylus 

holder were accepted as parts of that whole 

system. Thus, for country of origin purposes 

in a government procurement context, they 

lost their separate identity. 

In this instance, we believe that inclusion 

of the battery charger does not alter the 

essential character of the Adflo TM respiration 

system which is designed to provide 

respiratory protection in a welding 

environment. The battery charger is a very 

minor component when compared to the 

complexity of the Adflo TM respiration 

system. Consistent with the CIT’s decision in 

Uniden and our decisions in HQ H100055 

and HQ H089762, we find that the battery 

charger will lose its separate identity and 

become a part of the larger and more complex 

Adflo TM respiration system, when it is 

included with the system to be sold in the 

United States. Consequently, the country of 

origin of the Adflo TM respiration system is 

Sweden, which will be unaffected by the 

inclusion of the battery charger. 

However, the situation is different with 

respect to the cloth bag because it is a textile 

product, and there are special rules for 

determining the country of origin of textile 

products. The rules of origin for textile 

products for purposes of the customs laws 

and the administration of quantitative 

restrictions are set forth in 19 U.S.C. § 3592. 

These provisions are implemented in CBP 

Regulations at 19 C.F.R. § 102.21. At this 

point, we do not have enough information to 

rule on the country of origin of the cloth bag 

when it is included with the Adflo TM system. 

In this instance, however, you state that the 

bag is of U.S. origin. In the event that the 

country of origin of the bag changes to a 

country other than the U.S., we will require 

further description of the bag, including its 

classification and a sample in order for us to 

provide a decision. 

HOLDING: 

Based on the information provided, the 

German filter is substantially transformed 

when it is installed in Sweden into the 

Adflo TM respiration system. The battery 

charger loses its separate identity when it is 

included with the Adflo TM respiration 

system and since it is a minor component it 

also becomes a part of the Adflo TM

respiration system. Therefore, the imported 

country of origin of Adflo TM respiration 

system for purposes of U.S. government 

procurement is Sweden. The country of 

origin of the cloth bag will be governed by 

the rules of origin for textiles set forth in 19 

C.F.R. § 102.21. 

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. 2010–25666 Filed 10–12–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5300–FA–13] 

Announcement of Funding Awards for 

the Self-Help Homeownership 

Opportunity Program (SHOP) for Fiscal 

Year 2009 

AGENCY: Office of Community Planning 

and Development, HUD. 

ACTION: Announcement of funding 

awards. 

SUMMARY: In accordance with Section 

102(a)(4)(C) of the Department of 

Housing and Urban Development 

Reform Act of 1989, this announcement 

notifies the public of funding decisions 

made by the Department in a 

competition for funding under the 

Fiscal Year 2009 (FY 2009) Notice of 

Funding Availability (NOFA) for the 

Self-Help Homeownership Opportunity 

Program (SHOP). This announcement 

contains the consolidated names and 

addresses of this year’s award recipients 

under SHOP. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning SHOP Program 

awards, contact Ginger Macomber, 

SHOP Program Manager, Office of 

Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410–4500, telephone 

(202) 402–4605. Hearing or speechimpaired individuals may access this 

number via TTY by calling the toll-free 

Federal Information Relay Service at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: The SHOP 

program provides grants to national and 

regional nonprofit organizations and 

consortia that have experience in 

providing self-help housing. Grant 

funds are used to purchase land and 

install or improve infrastructure, which 

together may not exceed an average 

investment of $15,000 per dwelling 

unit. Low-income homebuyers 

contribute a minimum of 100 hours of 

sweat equity on the construction of their 

homes and/or the homes of other 

homebuyers participating in the local 

self-help housing program. Sweat equity 

can include, but is not limited to, 

assisting in the painting, carpentry, trim 

work, drywall, roofing and siding for the 

housing. Persons with disabilities can 

substitute administrative tasks. Donated 

volunteer labor is also required. 

The SHOP funds together with the 

sweat equity and volunteer labor 

contributions significantly reduce the 

cost of the housing for the low-income 

homebuyers. The FY 2009 awards 

announced in this Notice were selected 

for funding in the competition posted 

on HUD’s Web site on http:// 

www.hud.gov/offices/adm/grants/

nofa09/gensec.pdf. Applications were 

scored and selected for funding based 

on the selection criteria in the General 

Section and the SHOP program section 

which can be found at http:// 

www.hud.gov/library/bookshelf12/

supernofa/nofa09/grpshop.cfm. 

The amount appropriated in FY 2009 

to fund the SHOP grants was 

$26,500,000. The allocations for SHOP 

grantees are as follows: 

Tierra del Sol Housing Corporation, 880 Anthony Drive, Anthony, NM 88021 .................................................................................. $983,089 

Community Frameworks, 409 Pacific Avenue, Bremerton, WA 98337 .............................................................................................. 5,146,258 

Housing Assistance Council, 1025 Vermont Avenue, Washington, DC 20005 .................................................................................. 9,130,912 

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62850 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

Habitat for Humanity International, 121 Habitat Street, Americus, GA 31709 ................................................................................... 11,239,741 

Total .............................................................................................................................................................................................. 26,500,000 

These non-profit organizations 

propose to distribute SHOP funds to 

several hundred local affiliates that will 

acquire and prepare the land for 

construction, select homebuyers, 

coordinate the homebuyer sweat equity 

and volunteer efforts, and assist in the 

arrangement of interim and permanent 

financing for the homebuyers. 

Dated: October 6, 2010. 

Mercedes Ma ́ rquez, 

Assistant Secretary for Community Planning 

and Development. 

[FR Doc. 2010–25764 Filed 10–12–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2010–N130; 10120–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Permit; Habitat 

Conservation Plan for Operation and 

Maintenance of Existing and Limited 

Future Facilities associated With the 

Kaua‘i Island Utility Cooperative on 

Kaua‘i, Hawai‘i 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of a draft 

habitat conservation plan, draft 

implementing agreement, draft 

environmental assessment, and a permit 

application; request for comments. 

SUMMARY: The Kaua‘i Island Utility 

Cooperative (KIUC) (Applicant) has 

submitted an application to the U.S. 

Fish and Wildlife Service (Service) for 

an incidental take permit (permit) under 

the Endangered Species Act of 1973, as 

amended (ESA). The Applicant is 

requesting a permit to authorize 

incidental take of the federally 

endangered Hawaiian petrel 

(Pterodroma sandwichensis), the 

federally threatened Newell’s 

(Townsends) shearwater (Puffinus 

auricularis newelli), and the bandrumped storm-petrel (Oceanodroma 

castro), a Federal candidate species that 

could become listed during the term of 

the permit (collectively, these three 

species are hereafter referred to as the 

‘‘Covered Species’’). The permit 

application includes a draft Habitat 

Conservation Plan (HCP) that describes 

the Applicant’s actions and the 

measures the Applicant will implement 

to minimize, mitigate, and monitor 

incidental take of the Covered Species, 

and a draft Implementing Agreement 

(IA). The Service also announces the 

availability of a draft Environmental 

Assessment (EA) that has been prepared 

to evaluate the permit application in 

accordance with the requirements of the 

National Environmental Policy Act 

(NEPA). We are making the permit 

application package and draft EA 

available for public review and 

comment. 

DATES: All comments from interested 

parties must be received on or before 

November 29, 2010. 

ADDRESSES: Please address written 

comments to Loyal Mehrhoff, Project 

Leader, Pacific Islands Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

300 Ala Moana Boulevard, Room #3– 

122, Honolulu, HI 96850. You may also 

send comments by facsimile to (808) 

792–9580. 

FOR FURTHER INFORMATION CONTACT: Bill 

Standley, Fish and Wildlife Biologist, 

U.S. Fish and Wildlife Service (see 

ADDRESSES above), telephone (808) 792– 

9400. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may request copies of the permit 

application, which includes the draft 

HCP, draft IA, and EA, by contacting the 

Service’s Pacific Islands Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT above). These 

documents are also available 

electronically for review on the 

Service’s Pacific Islands Fish and 

Wildlife Office Web site at http:// 

www.fws.gov/pacificislands. Comments 

and materials we receive, as well as 

supporting documentation we used in 

preparing the NEPA document, will 

become part of the public record and 

will be available for public inspection, 

by appointment, during regular business 

hours. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

We specifically request information 

from the public on whether the 

application meets the statutory and 

regulatory requirements for issuing a 

permit, and identification of any 

impacts on the human environment that 

should have been analyzed in the draft 

EA. We are also soliciting information 

regarding the adequacy of the HCP to 

minimize, mitigate, and monitor the 

proposed incidental take of the Covered 

Species and to provide for adaptive 

management, as evaluated against our 

permit issuance criteria found in section 

10(a) of the ESA, 16 U.S.C. 1539(a), and 

50 CFR 13.21, 17.22, and 17.32. In 

compliance with section 10(c) of the 

ESA, we are making the permit 

application package available for public 

review and comment for 45 days (see 

DATES section above). 

Background 

Section 9 of the ESA (16 U.S.C. 1531 

et seq.) and Federal regulations prohibit 

the take of fish and wildlife species 

listed as endangered or threatened. The 

term ‘‘take’’ means to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct (16 U.S.C. 

1538). However, under section 10(a) of 

the ESA, we may issue permits to 

authorize incidental take of listed fish 

and wildlife species. Incidental take is 

defined as take that is incidental to, and 

not the purpose of, carrying out an 

otherwise lawful activity. Regulations 

governing incidental take permits for 

threatened and endangered species are 

found at 50 CFR 17.32 and 17.22. If 

issued, the permittee would receive 

assurances under the Service’s ‘‘No 

Surprises’’ regulations at 50 CFR 

17.32(b)(5) and 50 CFR 17.22(b)(5). 

KIUC is a utility cooperative that 

generates and distributes electricity to 

the entire island of Kaua‘i, Hawai‘i. 

KIUC developed a draft HCP that 

addresses incidental take of the three 

Covered Species caused by the 

operation and maintenance of KIUC’s 

existing and anticipated facilities over a 

period of up to 5 years. 

The three Covered Species are 

seabirds that breed on Kaua‘i and feed 

in the open ocean. Each of the Covered 

Species spends a large part of the year 

at sea. Adults generally return to their 

colonial nesting grounds in the interior 

mountains of Kaua‘i beginning in March 

and April, and depart beginning in 

September. Fledglings (i.e., young birds 

learning how to fly) travel from the 

nesting colony to the sea in the fall. 

Both adults and fledglings are known to 

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