28054 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0431 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

CWO2 David Mauldin, District Eight, 

Prevention Branch, U.S. Coast Guard, 

telephone 504–671–2153. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION:

Background and Purpose 

The offshore supply vessel BLN HULL 

563 will be used for offshore supply 

operations. Full compliance with 72 

COLREGS and Inland Rules Act will 

hinder the vessel’s ability to maneuver 

within close proximity of offshore 

platforms. Due to the design of the 

vessel, it would be difficult and 

impractical to build a supporting 

structure that would put the side lights 

within 5.6′ from the greatest breadth of 

the vessel, as required by Annex I, 

paragraph 3(b) of the 72 COLREGS and 

Annex I, Section 84.05(b) of the Inland 

Rules Act. Compliance with the rule 

would cause the lights on the supply 

vessel BLN HULL 563 to be in a location 

which would be highly susceptible to 

damage from offshore platforms. The 

supply vessel BLN HULL 563 cannot 

comply fully with lighting requirements 

as set out in international regulations 

without interfering with the special 

function of the vessel (33 U.S.C. 1605(c); 

33 CFR 81.18). 

Locating the sidelights 12′-41⁄4′′ 

inboard from the greatest breadth of the 

vessel on the pilot house will provide a 

shelter location for the lights and allow 

maneuvering within close proximity to 

offshore platforms. In addition, the 

forward masthead light may be located 

on the top forward portion of the 

pilothouse 38′-21⁄4′′ above the hull. 

Placing the forward masthead light at 

the height required by Annex I, 

paragraph 2(a) of the 72 COLREGS 

would result in a masthead light 

location highly susceptible to damage 

when working in close proximity to 

offshore platforms. Furthermore, the 

horizontal distance between the forward 

and aft masthead lights may be 18′- 

109⁄16′′. Placing the aft masthead light at 

the horizontal distance from the forward 

masthead light, as required by Annex I, 

paragraph 3(a) of the 72 COLREGS, and 

Annex I, Section 84.05(a) of the Inland 

Rules Act, would result in an aft 

masthead light location directly over the 

aft cargo deck where it would interfere 

with loading and unloading operations. 

Lastly, the aft anchor light may be 

placed 25′-15⁄16′′ off centerline to the 

starboard side of the vessel, just forward 

of the stern. Placing the aft anchor light 

directly over the aft cargo deck would 

interfere with loading and unloading 

operations. 

The Certificate of Alternative 

Compliance allows for the placement of 

the sidelights to deviate from 

requirements set forth in Annex I, 

paragraph 3(b) of 72 COLREGS, and 

Annex I, paragraph 84.05(b) of the 

Inland Rules Act. In addition, the 

Certificate of Alternative Compliance 

allows for the vertical placement of the 

forward masthead light to deviate from 

requirements set forth in Annex I, 

paragraph 2(a) of 72 COLREGS. 

Furthermore, the Certificate of 

Alternative Compliance allows for the 

horizontal separation of the forward and 

aft masthead lights to deviate from the 

requirements of Annex I, paragraph 3(a) 

of 72 COLREGS, and Annex I, Section 

84.05(a) of the Inland Rules Act. Lastly, 

the Certificate of Alternative 

Compliance allows for the placement of 

the aft anchor light to deviate from the 

requirements of Rule 30(a)(ii) of 72 

COLREGS and Rule 30(a)(ii) of the 

Inland Rules Act. 

This notice is issued under authority 

of 33 U.S.C. 1605(c), and 33 CFR 81.18. 

Dated: May 15, 2009. 

Verne B. Gifford, 

Captain, U.S. Coast Guard, By Direction of 

the Commander, Eighth Coast Guard District. 

[FR Doc. E9–13773 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Domestic Interested Party 

Petitioner’s Contesting of 

Classification Determination 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of petitioner’s desire to 

contest classification determination. 

SUMMARY: On August 4, 2006, a 

domestic manufacturer of glass preforms 

for optical fibers (‘‘optical glass 

preforms’’) filed a domestic interested 

party petition in accordance with the 

procedures of section 516 of the Tariff 

Act of 1930, as amended, and 19 CFR 

Part 175 regarding the tariff 

classification of imported optical glass 

preforms. The petition challenged CBP’s 

classification of optical glass preforms 

under subheading 7002.20.10, 

Harmonized Tariff Schedule of the 

United States (HTSUS), and requested 

CBP to reclassify all optical glass 

preforms under subheading 7020.00.60, 

HTSUS, as other articles of glass, or, 

alternatively, under 9001.10.00, HTSUS, 

as unfinished optical fibers. On July 14, 

2008, Customs and Border Protection 

(CBP) denied the petition and affirmed 

its decision that optical glass preforms 

are classified in subheading 7002.20.10, 

HTSUS, as glass rods of fused quartz or 

other fused silica, unworked. In 

accordance with 19 CFR 175.23 and 

175.24, CBP is providing notice of its 

classification decision and is also giving 

notice of the receipt of petitioner’s 

desire to contest this decision in court. 

DATES: June 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Allyson R. Mattanah, Tariff 

Classification and Marking Branch, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0029. 

SUPPLEMENTARY INFORMATION: 

Background 

This document concerns the 

classification of imported optical glass 

preforms by Customs and Border 

Protection (CBP) and the desire of a 

domestic interested party to contest 

CBP’s classification decision. 

Classification of Optical Glass Preforms 

Classification under the Harmonized 

Tariff Schedule of the United States 

(HTSUS) is made in accordance with 

the General Rules of Interpretation 

(GRIs). GRI 1 provides that classification 

shall be determined according to the 

terms of the headings and any relative 

section or chapter notes. Merchandise 

that cannot be classified in accordance 

with GRI 1 is to be classified in 

accordance with subsequent GRIs taken 

in order. The Explanatory Notes to the 

Harmonized Commodity Description 

and Coding System, which represent the 

official interpretation of the tariff at the 

international level, facilitate 

classification under the HTSUS by 

offering guidance in understanding the 

scope of the headings and GRIs. 

Optical fibers (also known as fiber 

optics) are long, thin strands of pure 

glass about the diameter of a human 

hair. They are arranged in bundles 

called optical cables and used to 

transmit light signals over long 

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