[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Notices]
[Pages 64311-64313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25734]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 121003513-251-01]


Potential Market Impact of the Proposed Fiscal Year 2014 Annual 
Materials Plan; National Defense Stockpile Market Impact Committee 
Request for Public Comments

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry.

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SUMMARY: The purpose of this notice is to advise the public that the 
National Defense Stockpile Market Impact Committee, co-chaired by the 
Departments of Commerce and State, is seeking public comments on the 
potential market impact of the proposed Fiscal Year 2014 National 
Defense Stockpile Annual Materials Plan. The role of the Market Impact 
Committee is to advise the National Defense Stockpile Manager on the 
projected domestic and foreign economic effects of all acquisitions and 
disposals involving the stockpile and related material research and 
development projects. Public comments are an important element of the 
Committee's market impact review process.

DATES: To be considered, written comments must be received by November 
19, 2012.

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), email: [email protected]; and Douglas Kramer, U.S. 
Department of State, Bureau of Energy Resources, Office of Europe, 
Western Hemisphere, and Africa, 2201 C Street NW., Washington, DC 
20520, fax: (202) 647-4037 (Attn: Douglas Kramer), or email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Liam McMenamin, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S.

[[Page 64312]]

Department of Commerce, Telephone: (202) 482-2233.

SUPPLEMENTARY INFORMATION: 

Background

    Under the authority of the Strategic and Critical Materials Stock 
Piling Revision Act of 1979, as amended (the Stock Piling Act) (50 
U.S.C. 98, et seq.), the Department of Defense's Defense Logistics 
Agency (DLA), 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 9(b)(2)(G)(ii) of the Stock Piling Act (50 
U.S.C. 98(h)(b)(2)(G)(ii)) authorizes the National Defense Stockpile 
Manager to fund material research and development projects to develop 
new materials for the stockpile.
    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 U.S. 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 stored in or of interest to the National Defense 
Stockpile Manager.
    As the National Defense Stockpile Manager, the DLA must produce an 
Annual Materials Plan proposing the maximum quantity of each listed 
material that may be acquired, disposed of, upgraded, or sold by the 
DLA in a particular fiscal year. In Attachment 1, the DLA lists the 
quantities and type of activity (potential acquisition, potential 
disposal, potential upgrade, or material research and development 
project) associated with each material in its proposed FY 2014 Annual 
Materials Plan. The quantities listed in Attachment 1 are not 
acquisition, disposal, upgrade, or sales target quantities, but rather 
a statement of the proposed maximum quantity of each listed material 
that may be acquired, disposed of, upgraded, or sold in a particular 
fiscal year by the DLA as noted. The quantity of each material that 
will actually be acquired or offered for sale will depend on the market 
for the material at the time of the acquisition or offering, as well as 
on the quantity of each material approved for acquisition, disposal, or 
upgrade by Congress.
    The DLA must also include two material research and development 
projects in its proposed Annual Materials Plans. The two material 
research projects in its 2014 Annual Materials Plan relate to DLA 
establishing vendor-owned buffer inventories in the United States for 
cadmium zinc tellurium (CZT) substrates and triamino trinitrobenzene 
(TATB) up to the levels enumerated in Attachment 1. DLA is required to 
account for these two material research and development projects in its 
proposed FY 2014 Annual Materials Plan, because DLA will be using the 
Defense National Stockpile Transaction Fund to pay for the two material 
research and development projects.
    In these material research and development projects, DLA would 
enter into arrangements with vendors to maintain inventories of the two 
materials with options that DLA could purchase material if needed. The 
quantities listed in Attachment 1 specific to the two material research 
and development projects are not acquisition target quantities, but 
rather a statement of the proposed maximum quantity of each listed 
material that may be associated with the two material research and 
development projects in FY 2014. The quantity of each material that 
will actually be associated with the two material research and 
development projects will depend on the market for the materials during 
the fiscal year as well as on the quantity of each material approved 
for these material research and development projects by Congress. The 
proposed FY 2014 Annual Materials Plan also includes the acquisition of 
these two materials, in addition to the material research and 
development projects.
    The Committee is seeking public comments on the potential market 
impact associated with the proposed FY 2014 AMP as enumerated in 
Attachment 1. Public comments are an important element of the 
Committee's market impact review process.

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 quantities associated 
with the proposed FY 2014 AMP. All comments must be submitted to the 
addresses indicated in this notice. All comments submitted through 
email 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 November 19, 2012. The Committee will consider 
all comments received before the close of the comment period. 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 non-confidential 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: October 11, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.

[[Page 64313]]

Attachment 1

                                 Proposed Fiscal Year 2014 Annual Materials Plan
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                   Material                                   Unit                   Quantity        Footnote
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Disposals/Upgrades
    Beryllium Metal..........................  ST                                           17.5             (1)
    Chromium, Ferro..........................  ST                                      97,056 2,           (2 4)
    Chromium, Metal..........................  ST                                            500             (2)
    Manganese, Ferro.........................  ST                                        100,000             (2)
    Manganese, Metallurgical Grade...........  SDT                                       100,000             (2)
    Talc.....................................  ST                                          1,000           (2 3)
    Tin......................................  MT                                            804             (1)
    Tungsten Metal Powder....................  LB W                                      198,308           (2 4)
    Tungsten Ores and Concentrates...........  LB W                                    7,889,653           (2 4)
Acquisitions and Material Research and
 Development Projects
    Cadmium Zinc Tellurium (CZT) substrates..  cm\2\                                      40,000             (5)
    Cadmium Zinc Tellurium (CZT) substrates..  cm\2\                                      24,000             (6)
    Lithium Cobalt Oxide (LCO)...............  Kg                                            750             (6)
    Lithium Nickel Cobalt Aluminum Oxide       kg                                            540             (6)
     (NCA).
    Mesocarbon Microbeads (MCMB).............  kg                                            648             (6)
    Triamino-Trinitrobenzene (TATB)..........  LB                                         24,000             (5)
    Triamino-Trinitrobenzene (TATB)..........  LB                                         16,000             (6)
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1 Potential Upgrade.
2 Potential Disposal.
3 Potential Disposal (landfill).
4 Actual quantity will be limited to remaining inventory.
5 Potential Material Research and Development Project.
6 Potential Acquisition.

[FR Doc. 2012-25734 Filed 10-18-12; 8:45 am]
BILLING CODE 3510-33-P