[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42271-42273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17460]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 120705216-2216-01]


National Defense Stockpile Market Impact Committee Request for 
Public Comments on the Potential Market Impact of Proposed Supplement 
to the Fiscal Year 2013 Annual Materials Plan

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 supplement to the Fiscal Year 
2013 Annual Materials Plan related to two

[[Page 42272]]

material research and development projects and the proposed revisions 
to the Annual Materials Plan for four materials currently in the 
National Defense Stockpile. The research and development projects 
involve two materials--cadmium zinc tellurium (CZT) substrates and 
triamino trinitrobenzene (TATB). The revisions pertain to four 
materials--germanium; manganese, metallurgical grade; platinum--
iridium; and zinc. 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 August 
17, 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: MIC@bis.doc.gov; and Douglas Kramer, U.S. 
Department of State, Bureau of Energy Resources, Office of Europe, 
Middle East, and Africa, 2201 C Street NW., Washington, DC 20520, fax: 
(202) 647-4037 (Attn: Douglas Kramer), or email: KramerDR@state.gov.

FOR FURTHER INFORMATION CONTACT: Brett Heidenreich, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S. 
Department of Commerce, Telephone: (202) 482-7417.

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, 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-I) 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.
    In Attachment 1, the Defense Logistics Agency (DLA) lists the 
quantities of materials associated with the two material research and 
development projects to supplement its FY 2013 Annual Materials Plan. 
The two material research and development projects 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. 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.
    DLA is required to supplement its FY 2013 Annual Materials Plan to 
account for the two material research and development projects because 
DLA will be using the Defense National Stockpile Transaction Fund to 
pay for the two material research and development projects. The 
quantities listed in Attachment 1 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 2013. DLA is not proposing to 
acquire these materials and add them to the National Defense Stockpile. 
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.
    In Attachment 2, DLA lists proposed revisions to the quantities in 
the approved FY 2013 Annual Materials Plan for four materials. The 
quantities listed in Attachment 2 are not disposal or sales target 
quantities, but rather a statement of the proposed maximum disposal 
quantity of each listed material that may be sold in a particular 
fiscal year by the DLA as noted. The quantity of each material that 
will actually be offered for sale will depend on the market for the 
material at the time of the offering as well as on the quantity of each 
material approved for disposal by Congress.
    The Committee is seeking public comments on the potential market 
impact associated with the two material research and development 
projects and the proposed revisions to the FY 2013 AMP for four 
materials as enumerated in Attachments 1 and 2. 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 two material research and development projects and the four 
proposed revisions to the FY 2013 AMP. All comments must be submitted 
to the address 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 August 17, 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.

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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: July 12, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.

Attachment 1

      Proposed Supplement to Fiscal Year 2013 Annual Materials Plan
------------------------------------------------------------------------
                 Material                    Unit    Quantity   Footnote
------------------------------------------------------------------------
Cadmium Zinc Tellurium (CZT) substrates..    cm\2\     40,000          1
Triamino Trinitrobenzene (TATB)..........       LB     24,000          1
------------------------------------------------------------------------
\1\ Vendor-owned buffer inventory material research and development
  project.

Attachment 2

      Proposed Revisions to Fiscal Year 2013 Annual Materials Plan
------------------------------------------------------------------------
                                          Proposed
           Material               Unit    revised    Approved   Footnote
                                          quantity   quantity
------------------------------------------------------------------------
Germanium.....................       kg      3,000          0          1
Manganese Metallurgical Grade.      SDT    100,000    222,025          2
Platinum--Iridium.............    Tr Oz        568          0          1
Zinc..........................       ST      7,992          0       2, 3
------------------------------------------------------------------------
\1\ Upgrade project.
\2\ Disposal.
\3\ Actual quantity will be limited to remaining inventory.

[FR Doc. 2012-17460 Filed 7-17-12; 8:45 am]
BILLING CODE 3510-33-P