Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28055 

distances. The light travels through the 

core by constantly bouncing from 

mirror-lined walls, known as the 

cladding. Because the cladding does not 

absorb any light from the core, the light 

wave can travel great distances. 

Upon importation, glass preforms for 

optical fibers (‘‘optical glass preforms’’) 

consist of glass rods of various sizes and 

dimensions from which glass optical 

fiber is fabricated. They are produced by 

a two-step process. In the first step, 

called Vapor Axial Deposition, 

extremely fine dusts of silica 

tetrachloride fuse into a rod when 

drawn through an annealing furnace, 

creating the core layer of the optical 

glass preform. In the second step, the 

cladding layer is added by fusing a layer 

of silica dioxide powder to the outside 

of the core rod. The result is that the 

core and cladding of the optical glass 

preform is made of visibly different 

layers of glass because of their different 

refractive indexes. 

Heading 7002, HTSUS, provides for 

‘‘Glass in balls (other than microspheres 

of heading 7018), rods or tubes, 

unworked’’. This is an eo nomine 

provision that covers unworked glass 

rods. Subheading 7002.20.10, HTSUS, 

provides for ‘‘Rods: of fused quartz or 

other fused silica’’. The 2009 column 

one, general rate of duty for this 

provision is free. 

Heading 7020, HTSUS, provides for 

‘‘Other articles of glass’’ and subheading 

7020.00.60, HTSUS, provides for 

‘‘Other’’. This is a basket provision that 

provides for articles of glass not 

otherwise covered in Chapter 70 of the 

HTSUS. The 2009 column one, general 

rate of duty under this provision is 5 

percent ad valorem. 

Heading 9001, HTSUS, provides for 

‘‘Optical fibers and optical fiber 

bundles; optical fiber cables other than 

those of heading 8544; sheets and plates 

of polarizing material; lenses (including 

contact lenses), prisms, mirrors and 

other optical elements, of any material, 

unmounted, other than such elements of 

glass not optically worked’’. Subheading 

9001.10.00, HTSUS, provides for 

‘‘Optical fibers, optical fiber bundles 

and cables, and other’’. The 2009 

column one, general rate of duty for this 

provision is 6.7 percent ad valorem. 

On April 21, 2006, CBP issued 

Headquarters Ruling (HQ) 967058 to 

Lucent Technologies regarding optical 

glass preforms. In this ruling, CBP 

concluded that the proper classification 

is under subheading 7002.20.10, 

HTSUS. CBP found that because the 

manufacture of optical glass preforms is 

a process that requires multiple steps, 

the articles are not complete until the 

desired layers are created and form a 

pure, solid whole. Therefore, the 

‘‘working’’ of glass articles occurs after 

their creation. 

Filing of Domestic Interested Party 

Petition 

On August 4th, 2006, Corning, a 

manufacturer of optical glass preforms 

in the U.S., filed a domestic interested 

party petition, in accordance with 

section 516, Tariff Act of 1930, as 

amended (19 U.S.C. 1516), requesting 

that CBP reclassify imported optical 

glass preforms in either of subheadings 

7020.00.60 or 9001.10.00, HTSUS. 

Corning’s challenge of CBP’s 

classification of these optical glass 

preforms turned on the issue of whether 

the different glass refractions evidence 

the existence of a glass core rod which 

has been ‘‘worked’’ by the addition to it 

of a layer of cladding glass. 

On March 28, 2007, in accordance 

with 19 CFR 175.21, CBP published a 

Notice of Receipt of Domestic Interested 

Party Petition filed by petitioner 

Corning in the Federal Register (72 FR 

14603). The notice invited written 

comments on the petition from 

interested parties until May 27, 2007. 

Two comments were received in 

response to this notice, both of which 

concurred with CBP’s position that the 

optical glass preforms described in HQ 

967058 are classified in subheading 

7002.20.10, HTSUS. 

Decision on Petition and Notice of 

Petitioner’s Desire To Contest 

On July 14, 2008, CBP issued HQ 

W968361, denying Corning’s Domestic 

Interested Party Petition and satisfying 

the requirements of 19 CFR 175.22(b) by 

providing the petitioner with 

notification that the classification of the 

imported optical glass preforms was 

found to be correct. CBP classified the 

optical glass preforms based on its 

finding that these goods are solid multilayered rods made from fused silica that 

are unworked in their condition as 

imported. This letter officially notified 

the petitioner that ‘‘CBP correctly 

classified the glass preform described in 

HQ 967058, by application of GRI 1, 

under heading 7002, HTSUS, and 

specifically under subheading 

7002.20.1000, as glass rods, unworked, 

of fused quartz or other fused silica.’’ 

On August 6, 2008, Corning timely 

provided CBP with notice of its desire 

to contest HQ W968361 in the United 

States Court of International Trade and 

its desire to contest the liquidation of 

entries of optical glass preforms at the 

Port of Charlotte, North Carolina in 

accordance with 19 U.S.C. 1516(c) and 

19 CFR 175.23. 

As required by both the applicable 

statute and regulations, CBP is in receipt 

of Corning’s letter, dated August 6, 

2008, establishing the timely notice of 

its desire to contest in the Court of 

International Trade CBP’s decision letter 

of HQ W968361 which held that the 

classification of imported optical glass 

preforms is under subheading 

7002.20.10, HTSUS, as glass rods, 

unworked, of fused quartz or other 

fused silica. 

Authority: This notice is published in 

accordance with 19 U.S.C. 1516 and sections 

175.23 and 175.24 of the CBP Regulations (19 

CFR 175.23–24). 

Dated: June 9, 2009. 

Jayson P. Ahern, 

Acting Commissioner, Customs and Border 

Protection. 

[FR Doc. E9–13938 Filed 6–11–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5330–D–01] 

Delegation of Authority for 

Homelessness Prevention and Rapid 

Re-Housing Program 

AGENCY: Office of the Secretary, HUD. 

ACTION: Notice of delegation of 

authority. 

SUMMARY: In this notice, the Secretary 

delegates to the Assistant Secretary for 

Community Planning and Development 

and the General Deputy Assistant 

Secretary for Community Planning and 

Development the authority necessary to 

implement the Homelessness 

Prevention and Rapid Re-Housing 

Program (HPRP) which was established 

under the Homelessness Prevention 

Fund heading of Division A, Title XII of 

the American Recovery and 

Reinvestment Act of 2009. 

DATES: Effective Date: June 5, 2009. 

FOR FURTHER INFORMATION CONTACT: Ann 

Oliva, Director, Office of Special Needs 

Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Washington, DC 20410, (202) 708–4300. 

(This is not a toll-free number.) For 

hearing/speech-impaired individual, 

this number may be accessed via TTY 

by calling the Federal Information Relay 

Service at 1–800–877–8399. 

SUPPLEMENTARY INFORMATION: This 

notice states the scope of authority 

given to the Assistant Secretary for 

Community Planning and Development 

and the General Deputy Assistant 

28056 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

Secretary for Community Planning and 

Development for HPRP. In this 

document, the Secretary delegates 

authority to implement HPRP, as 

specified below, and in accordance with 

applicable law, rule and departmental 

policy, to the Assistant Secretary for 

Community Planning and Development 

and the General Deputy Assistant 

Secretary for Community Planning and 

Development. Accordingly, the 

Secretary delegates authority as follows: 

Section A. Authority Delegated 

The Assistant Secretary for 

Community Planning and Development 

and the General Deputy Assistant 

Secretary for Community Planning and 

Development are delegated all power 

and authority of the Secretary to 

implement HPRP. 

Section B. Authority Excepted 

The authority delegated under Section 

A to the Assistant Secretary for 

Community Planning and Development 

and the General Deputy Assistant 

Secretary for Community Planning and 

Development does not include the 

power to sue and be sued. Furthermore, 

the authority delegated under Section A 

to the General Deputy Assistant 

Secretary for Community Planning and 

Development does not include the 

authority to waive rules and regulations. 

Section C. Authority to Redelegate 

The Assistant Secretary for 

Community Planning and Development 

may redelegate to employees of the 

Department any of the power and 

authority delegated under Section A, 

and not excepted under Section B of 

this delegation. However, the Assistant 

Secretary for Community Planning and 

Development is not authorized to 

redelegate the authority to issue or 

waive rules and regulations. 

Authority: Section 7(d), Department of 

Housing and Urban Development Act, 42 

U.S.C. 3535(d). 

Dated: June 5, 2009. 

Shaun Donovan, 

Secretary of Housing and Urban 

Development. 

[FR Doc. E9–13765 Filed 6–11–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5280–N–22] 

Federal Property Suitable as Facilities 

To Assist the Homeless 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This Notice identifies 

unutilized, underutilized, excess, and 

surplus Federal property reviewed by 

HUD for suitability for possible use to 

assist the homeless. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ezzell, Department of Housing 

and Urban Development, 451 Seventh 

Street SW., Room 7266, Washington, DC 

20410; telephone (202) 708–1234; TTY 

number for the hearing- and speechimpaired (202) 708–2565 (these 

telephone numbers are not toll-free), or 

call the toll-free Title V information line 

at 800–927–7588. 

SUPPLEMENTARY INFORMATION: In 

accordance with 24 CFR part 581 and 

section 501 of the Stewart B. McKinney 

Homeless Assistance Act (42 U.S.C. 

11411), as amended, HUD is publishing 

this Notice to identify Federal buildings 

and other real property that HUD has 

reviewed for suitability for use to assist 

the homeless. The properties were 

reviewed using information provided to 

HUD by Federal landholding agencies 

regarding unutilized and underutilized 

buildings and real property controlled 

by such agencies or by GSA regarding 

its inventory of excess or surplus 

Federal property. This Notice is also 

published in order to comply with the 

December 12, 1988 Court Order in 

National Coalition for the Homeless v. 

Veterans Administration, No. 88–2503– 

OG (D.D.C.). 

Properties reviewed are listed in this 

Notice according to the following 

categories: Suitable/available, suitable/ 

unavailable, suitable/to be excess, and 

unsuitable. The properties listed in the 

three suitable categories have been 

reviewed by the landholding agencies, 

and each agency has transmitted to 

HUD: (1) Its intention to make the 

property available for use to assist the 

homeless, (2) its intention to declare the 

property excess to the agency’s needs, or 

(3) a statement of the reasons that the 

property cannot be declared excess or 

made available for use as facilities to 

assist the homeless. 

Properties listed as suitable/available 

will be available exclusively for 

homeless use for a period of 60 days 

from the date of this Notice. Where 

property is described as for ‘‘off-site use 

only’’ recipients of the property will be 

required to relocate the building to their 

own site at their own expense. 

Homeless assistance providers 

interested in any such property should 

send a written expression of interest to 

HHS, addressed to Theresa Rita, 

Division of Property Management, 

Program Support Center, HHS, room 

5B–17, 5600 Fishers Lane, Rockville, 

MD 20857; (301) 443–2265. (This is not 

a toll-free number.) HHS will mail to the 

interested provider an application 

packet, which will include instructions 

for completing the application. In order 

to maximize the opportunity to utilize a 

suitable property, providers should 

submit their written expressions of 

interest as soon as possible. For 

complete details concerning the 

processing of applications, the reader is 

encouraged to refer to the interim rule 

governing this program, 24 CFR part 

581. 

For properties listed as suitable/to be 

excess, that property may, if 

subsequently accepted as excess by 

GSA, be made available for use by the 

homeless in accordance with applicable 

law, subject to screening for other 

Federal use. At the appropriate time, 

HUD will publish the property in a 

Notice showing it as either suitable/ 

available or suitable/unavailable. 

For properties listed as suitable/ 

unavailable, the landholding agency has 

decided that the property cannot be 

declared excess or made available for 

use to assist the homeless, and the 

property will not be available. 

Properties listed as unsuitable will 

not be made available for any other 

purpose for 20 days from the date of this 

Notice. Homeless assistance providers 

interested in a review by HUD of the 

determination of unsuitability should 

call the toll free information line at 1– 

800–927–7588 for detailed instructions 

or write a letter to Mark Johnston at the 

address listed at the beginning of this 

Notice. Included in the request for 

review should be the property address 

(including zip code), the date of 

publication in the Federal Register, the 

landholding agency, and the property 

number. 

For more information regarding 

particular properties identified in this 

Notice (i.e., acreage, floor plan, existing 

sanitary facilities, exact street address), 

providers should contact the 

appropriate landholding agencies at the 

following addresses: Army: Ms. 

Veronica Rines, Department of the 

Army, Office of the Assistant Chief of 

Staff for Installation Management, 

DAIM–ZS, Room 8536, 2511 Jefferson 

Davis Hwy, Arlington, VA 22202; (703) 

601–2545; GSA: Mr. Gordon Creed, 

Acting Deputy Assistant Commissioner, 

General Services Administration, Office 

of Property Disposal, 18th & F Streets, 

NW., Washington, DC 20405; (202) 501– 

0084; Navy: Mrs. Mary Arndt, Acting 

Director, Department of the Navy, Real 

Estate Services, Naval Facilities 

Engineering Command, Washington 

Navy Yard, 1322 Patterson Ave., SE., 

Suite 1000, Washington, DC 20374–