Notices. Notice and request for comments

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BILLING CODE 3410-52-M DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection AGENCY: National Agricultural Statistics Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service

(NASS)to request revision and extension of a currently approved information collection, the Fruits, Nuts, and Specialty Crops Surveys. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. DATES: Comments on this notice must be received by January 30, 2007 to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535-0039, by any of the following methods: • E-mail: *gmcbride@nass.usda.gov* . Include docket number above in the subject line of the message. • Fax:

(202)720-6396. • Mail: Mail any paper, disk, or CD-ROM submissions to: Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2024. • Hand Delivery/Courier: Hand deliver to: Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2024. FOR FURTHER INFORMATION CONTACT: Joseph T. Reilly, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture,

(202)720-4333. SUPPLEMENTARY INFORMATION: *Title:* Fruits, Nuts, and Specialty Crops Surveys. *OMB Control Number:* 0535-0039. *Expiration Date of Approval:* March 31, 2007. *Type of Request:* To revise and extend a currently approved information collection. *Abstract:* The primary objective of the National Agricultural Statistics Service is to prepare and issue State and national estimates of crop and livestock production, prices, and disposition. The Fruits, Nuts, and Specialty Crops survey program collects information on acreage, yield, production, price, and value of citrus and noncitrus fruits and nuts and other specialty crops in States with significant commercial production. The program provides data needed by the U.S. Department of Agriculture and other government agencies to administer programs and to set trade quotas and tariffs. Producers, processors, other industry representatives, State Departments of Agriculture, and universities also use forecasts and estimates provided by these surveys. The Fruits, Nuts, and Specialty Crops Program was last approved by OMB in 2004 for a 3-year period. NASS intends to request that the survey be approved for another 3 years. *Authority:* These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). *Estimate of Burden:* Public reporting burden for this information collection is based on 73 individual surveys with expected responses of 4-30 minutes and frequency of 1-12 times per year. Estimated number of responses per respondent is 0.69. *Respondents:* Producers, processors, and handlers. *Estimated Number of Respondents:* 70,000. *Estimated Total Annual Burden on Respondents:* 10,000 hours. These data will be collected under the authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. Copies of this information collection and related instructions can be obtained without charge from Ginny McBride, NASS Clearance Officer, at

(202)720-5778. *Comments:* Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(NASS)to request revision and extension of a currently approved information collection, the Agricultural Prices Surveys. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. DATES: Comments on this notice must be received by January 30, 2007, to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535-0003, by any of the following methods: • E-mail: *gmcbride@nass.usda.gov.* Include docket number above in the subject line of the message. • Fax:

(202)720-6396. • Mail: Mail any paper, disk, or CD-ROM submissions to: Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2024. • Hand Delivery/Courier: Hand deliver to: Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2024. FOR FURTHER INFORMATION CONTACT: Contact Joseph T. Reilly, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, Room 4117 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2001,

(202)720-4333. SUPPLEMENTARY INFORMATION: *Title:* Agricultural Prices. *OMB Control Number:* 0535-0003. *Expiration Date of Approval:* June 30, 2007. *Type of Request:* To revise and extend a currently approved information collection. *Abstract:* The primary objective of the National Agricultural Statistics Service

(NASS)is to prepare and issue State and national estimates of crop and livestock production, prices, and disposition. The Agricultural Prices surveys provide data on the prices received by farmers and prices paid by them for production goods and services. NASS estimates based on these surveys are used by agencies of the U.S. Department of Agriculture to prepare the economic accounts of the United States. These price estimates are also used to compute Parity Prices in accordance with requirements of the Agricultural Adjustment Act of 1938 as amended (Title III, Subtitle A, Section 301a). In addition, price data are used by the Federal Crop Insurance Corporation to help determine payment rates, program option levels, and disaster programs. The Agricultural Prices Survey was previously approved by OMB in 2004 for a 3-year period. NASS intends to request that the survey be approved for another 3 years. *Authority:* These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). *Estimate of Burden:* Public reporting burden for this information collection is based on 16 individual surveys with expected responses of 8-20 minutes and frequency of 1-12 times per year. Estimated number of responses per respondent is 2.03. *Respondents:* Farmers and farm-related businesses. *Estimated Number of Respondents:* 27,000. *Estimated Total Annual Burden on Respondents:* 11,000 hours. These data will be collected under the authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. Copies of this information collection and related instructions can be obtained without charge from Ginny McBride, NASS Clearance Officer, at

(202)720-5778. *Comments:* Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(NASS)to request revision and extension of a currently approved information collection, Field Crop Production. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. DATES: Comments on this notice must be received by January 30, 2007 to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535-0002, by any of the following methods: • E-mail: *gmcbride@nass.usda.gov.* Include docket number above in the subject line of the message. • Fax:

(202)720-4333. SUPPLEMENTARY INFORMATION: *Title:* Field Crop Production. *OMB Control Number:* 0535-0002. *Expiration Date of Approval:* March 31, 2007. *Type of Request:* To revise and extend a currently approved information collection. *Abstract:* The primary objective of the National Agricultural Statistics Service is to prepare and issue State and national estimates of crop and livestock production, prices, and disposition. The Field Crop Production program consists of probability field crop surveys and supplemental panel surveys. The panel surveys capture unique crop characteristics such as the concentration of crops in localized geographical areas. These surveys are extremely valuable for commodities where acreage and yield are published at the county level. The Field Crop Production Program was last approved by OMB in 2004 for a 3-year period. NASS intends to request that the survey be approved for another 3 years. *Authority:* These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). *Estimate of Burden:* Public reporting burden for this information collection is based on 19 individual surveys with expected responses of 10-80 minutes and frequency of 1-40 times per year. Estimated number of responses per respondent is 0.76. *Respondents:* Farms. *Estimated Number of Respondents:* 600,000. *Estimated Total Annual Burden on Respondents:* 130,000 hours. These data will be collected under the authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. Copies of this information collection and related instructions can be obtained without charge from Ginny McBride, NASS Clearance Officer, at

(202)720-5778. *Comments:* Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(NASS)to request revision and extension of a currently approved information collection, the Supplemental Qualifications Statement. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. DATES: Comments on this notice must be received by January 30, 2007 to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535-0209, by any of the following methods: • E-mail: *gmcbride@nass.usda.gov* . Include docket number above in the subject line of the message. • Fax:

(202)720-4333. SUPPLEMENTARY INFORMATION: *Title* : Supplemental Qualifications Statement. *OMB Control Number:* 0535-0209. *Expiration Date of Approval:* March 31, 2007. *Type of Request:* To revise and extend a currently approved information collection. *Abstract:* Under Interagency Agreement Number DOA-1 between the Department of Agriculture and Office of Personnel Management, the USDA Administrative and Financial Management Staff examines, rates, and certifies applicants for Agricultural Statistician positions GS-1530 and Mathematical Statistician (Agricultural) GS-1529 positions within the National Agricultural Statistics Service. The Interagency Agreement was made under provisions of 5 U.S.C. 104, as amended by Pub. L. 104-52 (1995). Resumes, curriculum vitae, and the “Optional Application for Federal Employment” (OF-612) are general purpose forms used to evaluate applicants for positions in the Federal service. While these forms request specific information about an applicant, they do not always obtain details of the knowledge, skills, and abilities (KSA's) that are critical to the job. The Supplemental Qualifications Statement for agricultural statistician and mathematical statistician (agricultural) positions allows applicants the opportunity to describe their achievements or accomplishments as they relate to the required KSA's. The Supplemental Qualifications Statement was previously approved by OMB in 2004 for a 3-year period. NASS intends to request that the survey be approved for another 3 years. *Authority:* These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 3 hours per response. *Respondents:* Individual Job Applicants. *Estimated Number of Respondents:* 50. *Estimated Total Annual Burden on Respondents:* 150 hours. Copies of this information collection and related instructions can be obtained without charge from Ginny McBride, NASS Clearance Officer, at

(202)720-5778. *Comments:* Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(NASS)to request revision and extension of a currently approved information collection, the Cold Storage Survey. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. DATES: Comments on this notice must be received by January 30, 2007 to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535-0001, by any of the following methods: • E-mail: *gmcbride@nass.usda.gov* . Include docket number above in the subject line of the message. • Fax:

(202)720-6396. • Mail: Mail any paper, disk, or CD-ROM submissions to: Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336, South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2024. • Hand Delivery/Courier: Hand deliver to: Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-2024. FOR FURTHER INFORMATION CONTACT: Joseph T. Reilly, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture,

(202)720-4333. SUPPLEMENTARY INFORMATION: *Title:* Cold Storage Survey. *OMB Control Number:* 0535-0001. *Expiration Date of Approval:* March 31, 2007. *Type of Request:* To revise and extend a currently approved information collection. *Abstract:* The primary objective of the National Agricultural Statistics Service is to prepare and issue State and national estimates of crop and livestock production, prices, and disposition. The monthly Cold Storage Survey provides information on national supplies of food commodities in refrigerated storage facilities. A biennial survey of refrigerated warehouse capacity is also conducted to provide a benchmark of the capacity available for refrigerated storage of the nation's food supply. Information on stocks of food commodities facilitates proper price discovery and orderly marketing, processing, and distribution of agricultural products. The Cold Storage Survey was previously approved by OMB in 2004 for a 3-year period. NASS intends to request that the survey be approved for another 3 years. *Authority:* These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). *Estimate of Burden:* Public reporting burden for this information collection is based on 5 individual surveys with expected responses of 10-30 minutes and frequency of 8-12 times per year. Estimated number of responses per respondent is 3.68. *Respondents:* Refrigerated storage facilities. *Estimated Number of Respondents:* 4,000. *Estimated Total Annual Burden on Respondents:* 6,000 hours. These data will be collected under the authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. Copies of this information collection and related instructions can be obtained without charge from Ginny McBride, NASS Clearance Officer, at

(202)720-5778. *Comments:* Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will become a matter of public record and be summarized in the request for OMB approval. Carol House, Deputy Administrator for Programs and Products. [FR Doc. E6-20303 Filed 11-30-06; 8:45 am] BILLING CODE 3410-20-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Clarification of Scope of Procurement List Additions; 2007 Commodities Procurement List AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Clarification of scope of the procurement preference and sourcing requirements for commodities and other products on the Procurement List; Publication of commodities and related products with governmentwide procurement preference (A List) as of January 1, 2007. SUMMARY: The Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) is clarifying the scope of the procurement preference and sourcing requirements for commodities and other products on the Procurement List and publishing those which have been identified as satisfying Governmentwide requirements and thus subject to Governmentwide procurement preference for 2007. The full list of products with Governmentwide procurement preference is posted on *www.jwod.gov* . Changes to the list as published in the **Federal Register** on April 28, 2006 (71 FR 25136-25143) are identified in this notice. DATES: The effective date for the 2007 A List is January 1, 2007. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *Alist2007@jwod.gov* . SUPPLEMENTARY INFORMATION: The decentralized nature of today's Federal acquisition environment requires the Committee to more specifically consider and communicate the applicability of each Procurement List addition, depending on the type of product and scope of the associated requiring/contracting activities. There are effectively three categories of products furnished under the auspices of the Javits-Wagner-O'Day

(JWOD)Program, each with a different level of procurement source preference. The first category (the A List) contains commodity-type products that are commonly used in office and light industrial settings. These products, when furnished by the JWOD Program, are widely available through multiple Government and commercial distribution channels, and are delivered to customers in timeframes consistent with industry best practices. For most office supplies, this means on a next-day or two-day basis. For oversize office products ( *e.g.* , chair mats), or janitorial/sanitary products, delivery times may be three to five days after receipt of order. “A List” products must be purchased by Federal employees whenever they are available within required timeframes and quantities. JWOD-authorized commercial distributors must stock the items, obtain them from approved wholesalers or, to the extent permitted, coordinate nonprofit agency shipments, to make A List items available for quick delivery. Any “essentially the same” commercial equivalents to these products, as determined by the Committee, are identified to the Government and commercial distribution channels, and are excluded from contract sales to Federal employees in accordance with the Committee's regulations at 41 CFR 51-5.3(a). If a Federal customer orders an equivalent item, JWOD-authorized distributors are required to substitute and deliver the corresponding A List product instead. This effectively gives JWOD purchasing preference to each of the A List products across all entities of the Government, comparable to the Total Government Requirement scope previously extended to certain general Procurement List additions. A complete and updated copy of the A List will be maintained on the Committee's Web site at *www.jwod.gov/distributors.* Examples of A List products include writing instruments, paper pads, desktop accessories, and general purpose cleaner in retail-sized bottles. The A List, previously updated annually in conjunction with print catalog cycles, will be updated quarterly by the Committee staff beginning April 1, 2007. Note: As with any proposed addition, new products must first go through a notice and comment rulemaking process and receive the Committee's approval to be added to the Procurement List before being classified as or placed on the A List. The second category (the B List) contains products that are not used in volume in most offices, but have broad applicability across multiple Federal agencies, and the demand for these items is aggregated by the General Services Administration (GSA). As such, GSA is the JWOD Program's responsible contracting activity for these items on behalf of the rest of the Federal Government, just as GSA fulfills this role for the A List items. However, given the B List items' less-than-universal demand, particularly in terms of office use, the B List items are not required to be available through all commercial distribution channels. The B List items are available through the Federal Supply System, as managed by GSA, and will be carried by authorized commercial distributors who carry comparable commercial product families. The JWOD purchasing preference extends to these items and applies to all entities of the Government when such items meet customers' needs and are available in the timeframe and quantities necessary. Examples of B List items include inkjet large format paper and many cleaning supplies such as mops, chemical cleaning solutions and floor polishing pads. However, whether the commercial equivalents of such items will be excluded from contract sales to Federal employees will be decided by the Committee on a case-by-case analysis based on distribution channel and availability. This effectively gives JWOD purchasing preference to each of the B List products for the Broad Government Requirement. The third category (the C List) contains specialized or niche products (i.e., adapted to a specific function or demand) that are most often designed and manufactured to meet the needs of a single Federal agency, or a group of customers with a unique requirement. These products, when furnished under the JWOD Program, are sponsored by and have procurement preference for the specific Federal agency or agencies that defined the requirement. The JWOD procurement preference does not apply to Federal agencies that are not identified on the Procurement List documentation for such items. Generally, C List items are only made available to Federal customers through the distribution channels authorized by the requiring office. If Federal agencies whose requirements are not specified on the Procurement List would like to purchase C List items, they must refer their request to the sponsoring contracting activity. Alternatively, Federal agencies may ask the Committee to change the Procurement List in order to add their agency as an additional contracting activity. Examples of C List products include plastic mail trays added to the Procurement List for the specific requirements of the U.S. Postal Service, and tree marking paint sold by GSA for the exclusive use of the U.S. Forest Service. C List items may be labeled and marketed in a manner that associates them with the JWOD Program, but does not imply purchasing preference for either the Total Government Requirement (A List) or the Broad Government Requirement (B List). In the future, when proposing to add a product to its Procurement List, the Committee's notices published in the **Federal Register** will identify the category group (A List, B List or C List) to which the product has been assigned, and thus identify the intended scope of the JWOD procurement preference. Clerical corrections are hereby made to the following products and/or producing nonprofit agencies proposed for the 2007 A List as published in the **Federal Register** Notice of April 28, 2006 (71 FR 25136-25143): *Nonprofit Agency:* Susquehanna Association for the Blind and Visually Impaired, Lancaster, PA *Incorrect Noun Name:* SKILCRAFT SAVVY Unreal Stop Remover *Correct Noun Name:* SKILCRAFT SAVVY Unreal Spot Remover NSN: 7930-01-517-6194 *Nonprofit Agency:* Louisiana Association for the Blind, Shreveport, LA The following products are shared with Blind Industries & Services of Maryland, Baltimore, MD; but were only listed under BISM. The list should reflect Louisiana Association as an authorized producer. *Noun Name:* Pad, Writing Paper NSN: 7530-00-239-8479 NSN: 7530-01-372-3109 NSN: 7530-00-285-3090 NSN: 7530-01-372-3108 NSN: 7530-01-516-7573 NSN: 7530-01-516-7574 NSN: 7530-01-516-7578 NSN: 7530-01-516-7581 *Nonprofit Agency:* L.C. Industries for the Blind, Inc., Durham, NC The following products are not assigned to LCI and should not be listed for this nonprofit agency. However, the NSNs remain on the A List for Outlook, Nebraska. *Noun Name:* Paper, Toilet Tissue NSN: 8540-01-380-0690 NSN: 8540-00-530-3770 The following products proposed for the 2007 A List were not approved for the January 1, 2007 effective date and thus do not have a Total Government Requirement scope at this time. These items may be considered by the Committee for the A List in the future. The following items will be B List items: NSN: 7045-01-365-2069 Disk, Flexible NSN: 7045-01-442-1631 Disk, Flexible NSN: 7045-01-470-3590 Greendisk NSN: 7530-01-501-2688 Pad, Message, “While You Were Out” NSN: 7530-00-NIB-0549 Folder, Classification NSN: 7530-00-NIB-0551 Folder, Classification NSN: 7520-00-NIB-1461 Pen, Gel Ink, Aristocrat (Black Ink) NSN: 7530-00-NIB-0673 Folder, Classification, Pressboard—Legal Size—1 Divider/4 Part—Red NSN: 7530-00-NIB-0679 Folder, Classification, Pressboard—Letter Size—2 Divider/6 Part—Gray/Green NSN: 7510-00-NIB-0633 Skilcraft Toner Cartridge NSN: 7510-00-NIB-0641 Skilcraft Toner Cartridge NSN: 7510-00-NIB-0642 Skilcraft Toner Cartridge NSN: 7510-00-NIB-0644 Skilcraft Toner Cartridge NSN: 7530-00-NIB-0660 CD/DVD Label Kit NSN: 7530-00-NIB-0688 CD/DVD Refills NSN: 7530-01-463-3908 Envelope, Inter-Departmental NSN: 7530-01-463-3910 Envelope, Inter-Departmental NSN: 8110-01-443-8476 Tube, Mailing and Filing NSN: 8115-01-455-4036 Box, Storage, File NSN: 8115-01-455-4038 Box, Storage, File NSN: 8460-01-433-8398 Briefcase, Black NSN: 7510-01-431-6236 Binder, Loose-leaf NSN: 7510-01-431-6244 Binder, Loose-leaf NSN: 7510-01-431-6521 Inking Pad, Rubber Stamp NSN: 7510-01-435-9775 Inking Pad NSN: 7510-01-435-9776 Inking Pad NSN: 7510-01-467-6738 Clip, Paper NSN: 7520-01-431-6240 Perforator, Paper, Desk, 3-Hole, Heavy-Duty, Black NSN: 7520-01-431-6251 Perforator, Paper, Desk, 3-Hole, Heavy-Duty, Black NSN: 7520-01-457-0719 File, Horizontal Desk NSN: 7520-01-457-0721 File, Horizontal Desk NSN: 7520-01-457-0723 File, Horizontal Desk NSN: 7520-01-457-0724 File, Horizontal Desk NSN: 7520-01-457-0725 File, Horizontal Desk NSN: 7520-01-457-0726 File, Horizontal Desk NSN: 6545-01-433-8399 Kit, First Aid The following item will remain as a proposed addition: 8455-00-NIB-0012 Retractable ID Badge Holder Comments Comments on this clarification of scope as published in the **Federal Register** on April 28, 2006 (71 FR 25136-25143) were received from 14 persons or organizations, 11 of which are nonprofit agencies participating in the JWOD Program. The nonprofit agencies comments consistently stated their general support for the timely addition of products to the Procurement List maintained by the Committee, characterizing it as critical to their success in generating and maintaining employment for people who are blind. Several also recommended the Committee's approval of specific products manufactured by their agencies that are included on the A List proposed in the **Federal Register** of April 28, 2006 (71 FR 25136-25143). Combined comments were received from the Central Nonprofit Agencies designated to work with JWOD-participating nonprofit agencies. These comments included *de minimis* clerical changes to a few of the published A List products or associated nonprofit agencies, and requests that several additional items be added to the 2007 A List which were not included in the initial publication in the **Federal Register** . The current notice includes the clerical changes recommended. However, none of the newly suggested additional products or NSNs were added to the January 1, 2007 A List because the public was not provided an opportunity to comment. Instead, these items may be considered for future A List designation. Two commenters from the above groups recommended that in the future, the Committee should only subject brand new items being proposed for Procurement List addition to the public notification process through the **Federal Register** , as the existing items have already been determined suitable by the Committee and are on the Procurement List via previous final rules. The Committee believes it is in the best interest of the JWOD Program and the public to give the maximum practicable visibility to the complete A List, which will have a total Government purchasing preference, and intends to continue publishing the A List in the **Federal Register** in its entirety, at least annually, for the foreseeable future. Several comments received related to the B List as described in the initial publication. The purpose of the notice was to clarify the A List for the JWOD Program; however, distinction from the B List was a necessary part of the A List definition. The Committee has adopted some recommendations to better distinguish the B List from the A List, and in making such distinctions, the Committee has described a “C List” of products, as well. The current notice includes a parenthetical definition of the term “niche,” as recommended. The Committee has clarified that B List items, and now C List items, may be labeled and marketed in a manner that associates them with the JWOD Program, but does not imply purchasing preference for the total Government requirement. The C List incorporates the R List for restricted items that was described in the earlier notice. One commenter recommended that the Committee provide more descriptive information for the B List items, including size, color, or unit of issue, to better enable resellers or manufacturers to determine whether the addition of items to the B List would have a severe adverse impact on their business. Another commenter recommended that the Committee abolish the B List and allow those products to be sold to the Federal Government by small businesses. As noted above, the purpose of the proposed policy is to clarify the A List. While the Committee is not considering substantive changes to the B List at this time, it may further clarify the B List in the future and will consider any recommendations (past or future) for the improvement of the B List. One commenter from the reseller community requested the Committee's review and suspension of nine NSNs from the 2007 A List, which it states were still under contract when added to the Procurement List in 2005. The commenter claimed that these nine items were subsequently improperly purchased by GSA. The Committee investigated this concern and received documentation from GSA showing that each of the products' commercial contracts had expired before the Procurement List effective date and placement of initial orders under the auspices of the JWOD Program. This commenter also addressed the Committee's policy regarding commercial products that are “essentially the same” as JWOD preferred products. The Committee notes that the “essentially the same” policy is on its 2007 Regulatory Agenda, and comments will be solicited regarding that rule in the **Federal Register** at that time. Comments were received from an industry association representing manufacturers and resellers of office supplies. In addition to addressing the B List as discussed above, this commenter requested that the Committee make public its impact analysis conducted on the current contractors for products that are proposed for addition to the Procurement List. The Committee does not believe such disclosure would be appropriate. Consistent with the Freedom of Information Act (FOIA), Exemption 4, 5 U.S.C. § 552(b)(4), the sales data obtained by the Committee and calculations based on such data are privileged, confidential commercial/financial information which is exempt from disclosure. Not only is this information submitted to the Committee in confidence, but its release would cause substantial harm to those organizations' respective competitive positions by affording their competitors information which could be used to the organizations' commercial disadvantage. This commenter recommended that the Committee consider the impact of its actions on the small business community and that it specifically consider impact on manufacturers as well as contract resellers. The Committee has and will continue to consider the impact of every Procurement List addition action on current contracts, as required by its regulatory suitability criteria. Based on substantial research, the Committee finds that the Federal Government spends approximately 5 percent of the amount spent for similar office products commercially. For cleaning products, this percentage drops to 2.4% of the commercial expenditure. Therefore, the maximum total market impact would be 5% or less on any given item, assuming a distributor or manufacturer had all of the Federal business and that the JWOD product subsequently captured all of that business. It is also noted that the Committee deletes products from the Procurement List as well as adding them. Further, authorized JWOD distributors can switch from offering the existing commercial products to selling the JWOD products, thereby keeping their revenue stream steady. The Committee's impact process has historically focused on the firm that has privity of contract with the Federal Government, rather than that firm's suppliers, who can be and are often changed at any time for a variety of business considerations. Patrick Rowe, Deputy Executive Director. [FR Doc. E6-20328 Filed 11-30-06; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to and Deletions from Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete products and services previously furnished by such agencies. *Comments Must Be Received On Or Before:* January 7, 2007. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. For Further Information Or To Submit Comments Contact: Sheryl D. Kennerly, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each service will be required to procure the services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following service is proposed for addition to Procurement List for production by the nonprofit agencies listed: Services *Service Type/Location:* Custodial Services/Juneau Ranger Station, Juneau Ranger Station, Admiralty Nat'l Monument, Mendenhall Glacier Visitor Ctr, 8465 Old Dairy Road, Juneau, AK. *NPA:* REACH, Inc., Juneau, AK. *Contracting Activity:* USDA, Forest Service, Region 10, Juneau, AK. Deletions Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services proposed for deletion from the Procurement List. End of Certification The following products and services are proposed for deletion from the Procurement List: Products Refill, Ballpoint Pen *NSN:* 7510-00-754-2689—Refill, Ballpoint Pen. *NSN:* 7510-00-543-6793—Refill, Ballpoint Pen. *NPA:* Industries for the Blind, Inc., West Allis, WI. *Contracting Activity:* Office Supplies & Paper Products Acquisition Ctr, New York, NY. Services *Service Type/Location:* Custodial Services, USDA, Animal and Plant Health Inspection Service, (6901 West Sunrise Blvd), Plantation, FL. *NPA:* Abilities, Inc. of Florida, Clearwater, FL. *Contracting Activity:* USDA, Animal & Plant Health Inspection Service-PFQ, Minneapolis, MN. *Service Type/Location:* Grounds Maintenance, Marine Corps Air Station, San Diego, CA. *NPA:* The ARC of San Diego, San Diego, CA. *Contracting Activity:* Department of the Navy. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6-20363 Filed 11-30-06; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from Procurement List. SUMMARY: This action adds to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List services previously furnished by such agencies. DATES: Effective Date: January 7, 2007. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Sheryl D. Kennerly, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On September 29, 2006, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (71 FR 57464 ) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the services and impact of the additions on the current or most recent contractors, the Committee has determined that the services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Government. 2. The action will result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the services proposed for addition to the Procurement List. End of Certification Accordingly, the following service is added to the Procurement List: Services *Service Type/Location:* Full Food Service, FBI & Drug Enforcement Administration Training Academies, Quantico, VA. *NPA:* ServiceSource, Inc., Alexandria, VA. *Contracting Activity:* Federal Bureau of Investigation, Dept of Justice, Washington, DC. Comments were received for the above addition from an association which represents State licensing agencies for the Randolph-Sheppard program

(SLAs)and from the Virginia SLA. The association stated that the Committee's proposal to add full food service at the FBI and DEA training academies in Quantico, VA to the Procurement List is a violation of the Randolph-Sheppard Act, 20 U.S.C. 107 *et seq.* , which the association believes establishes a “mandatory priority” for blind vendors to provide food services on Federal property. The documentation submitted to the Committee as a basis for this proposed addition to the Procurement List included a document from the FBI which enclosed a statement from the Virginia SLA indicating that the SLA had reviewed the statement of work for the food service and was “not interested in submitting a proposal for these operations.” The Committee's program is well known to the Virginia SLA and the rest of the Randolph-Sheppard community, and the FBI, the Committee, and the other parties involved in developing this proposed addition to the Procurement List all regarded the Virginia SLA's statement as a knowing waiver of the Randolph-Sheppard priority. Relying on this waiver, the Committee's nonprofit community selected a nonprofit agency to provide the food service. That nonprofit agency has gone to considerable trouble and expense to prepare to provide the food service, which will generate employment for a substantial number of people with severe disabilities. In the Virginia SLA's comment on the proposed addition, the same State official who earlier waived the Randolph-Sheppard priority now says that should the FBI offer to directly negotiate a contract for the food service with the SLA or publish a solicitation for the food service, the SLA “may” exercise its right to respond. The State official expressed surprise that the FBI had not offered to negotiate or solicit a contract after the SLA waived the Randolph-Sheppard priority. According to the SLA comment, the FBI indicated that it considered the SLA's earlier waiver of its priority to be final, which would explain why no subsequent offer to negotiate or solicit for the food service was forthcoming. The Committee believes that allowing the SLA to ignore its own priority waiver at this late hour, when a capable nonprofit agency is ready to create many jobs by providing this food service and the SLA has identified no blind vendor ready and able to serve as an alternative provider, could not have been the intent of the Randolph-Sheppard Act. In the absence of the Randolph-Sheppard priority, the Committee sees no bar to adding the food service to the Procurement List. Deletions On September 29, 2006, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (70 FR 57464; 57465) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the services deleted from the Procurement List. End of Certification Accordingly, the following services are deleted from the Procurement List: Services *Service Type/Location:* Custodial Services, Denver Federal Center (Buildings 41, 44, and 48), Denver, CO. *NPA:* Aspen Diversified Industries, Inc., Colorado Springs, CO. *Contracting Activity:* GSA, PBS Region 8, Denver, CO. *Service Type/Location:* Janitorial/Custodial, Federal Records Center and USDA Laboratory, East Point, GA. *NPA:* WORKTEC, Jonesboro, GA. *Contracting Activity:* GSA, PBS. *Service Type/Location:* Janitorial/Grounds and Related Services, Motor Pool Office and Garage, 450 N. Grande, Tucson, AZ. *NPA:* Beacon Group SW, Inc., Tucson, AZ. *Contracting Activity:* GSA, PBS—9PMFC, San Francisco, CA. *Service Type/Location:* Repair of Small Hand Tools, Robins Air Force Base, Robins AFB, GA. *NPA:* Epilepsy Association of Georgia, Warner Robins, GA. *Contracting Activity:* Department of the Air Force. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6-20364 Filed 11-30-06; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Data Physics Corporation, Data Physics China, Data Physics China, Sri Welaratna, Bill Chen Data Physics Corporation, 2025 Gateway Place, Suite 260, San Jose, California 95110. Data Physics China, 1605B Westgate Tower, 1038 Nanjing Road West, Shanghai, P.R. China 200041. Data Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China 100089. Sri Welaratna, President, Data Physics Corporation, 2025 Gateway Place, Suite 260, San Jose, California 95110. Bill Chen, Manager, AKA: Yuequan Chen, Data Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China 100089, Respondents. Order Renewing Order Temporarily Denying Export Privileges Pursuant to section 766.24 of the Export Administration Regulations (“EAR”), 1 I hereby grant the Bureau of Industry and Security's request for renewal of the Order Temporarily Denying the Export Privileges of Respondents, Data Physics Corporation, Data Physics China (Shanghai and Beijing Offices), Sri Welaratna and Bill Chen for 180 days as I find that renewal of the TDO is necessary in the public interest to prevent an imminent violation of the EAR. 1 15 CFR Parts 730-774 (2006). The EAR are issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (“EAA”). Since August 21, 2001, the EAA has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended most recently by the Notice of August 3, 2006 (71 FR 44,551, (August 7, 2006)), has continued the EAR in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (“IEEPA”). I. Procedural History On May 12, 2006, I signed an Order Temporarily Denying the Export Privileges of the Respondents for 180 days on the grounds that its issuance was necessary in the public interest to prevent an imminent violation of the EAR (“TDO”). Pursuant to Section 766.24(a), the TDO was issued *ex parte* and went into effect on May 23, 2006, the date it was published in the **Federal Register.** The TDO is valid through November 19, 2006. On October 13, 2006, the Bureau of Industry and Security (“BIS”), through its Office of Export Enforcement, filed a written request for renewal of the TDO against the Respondents for 180 days and served a copy of its request on the Respondents in accordance with Section 766.5 of the EAR. On November 6, 2006, Data Physics Corporation, Data Physics China (Shanghai and Beijing Offices) and Sri Welaratna (collectively referred to hereinafter as “Data Physics Group”) filed a written opposition to the request for renewal of the TDO. The Data Physics Group also requested the production of documents and a hearing. I approved Data Physics Group's two requests for production of documents as good cause was shown and I ordered that BIS produce the relevant nonprivileged documents by 1 p.m. on November 3, 2006. BIS served the Data Physics Group with its responses in a timely manner and a hearing on the record was held on the request for renewal on November 8, 2006 at the U.S. Department of Commerce in Washington, DC. BIS and the Data Physics Group each presented oral arguments. II. Discussion

(A)Legal Standard Pursuant to section 766.24(d)(3) of the EAR, the sole issue in determining whether to continue a TDO is whether the TDO should be renewed to prevent an imminent violation of the EAR. “A violation may be `imminent' either in time or in degree of likelihood.” 15 CFR 766.24(b)(3). This includes a violation that “is about to occur, or that the general circumstances of the matter under investigation or case under criminal or administrative charges demonstrate a likelihood of future violation.” *Id.* Significant, deliberate, and covert violations are more probative of imminence and the likelihood of future violations than lesser technical ones. *Id.* A “lack of information establishing the precise time a violation may occur does not preclude a finding that a violation is imminent, so long as there is sufficient reason to believe the likelihood of a violation.” *Id.*

(B)Arguments BIS's request for renewal of the TDO was based upon the facts underlying the issuance of the initial TDO as well as evidence of continued actions by the Respondents that demonstrate a willingness to disregard U.S. export controls. The initial TDO was issued as a result of evidence that showed the Data Physics Corporation and Data Physics China (Shanghai and Beijing offices), with the knowledge of Data Physics' President Sri Welaratna, and manager, Bill Chen, engaged in conduct prohibited by the EAR by knowingly selling and exporting spherical couplings and a test shaker, items subject to the EAR, to China HaiYang Electro Mechanical Technology Academy (a.k.a. “3rd Academy” or “Beijing 3 yuan”), an entity engaged in the design, development, production and use of cruise missile systems, without an export license as required by Section 744.3 of the EAR. The evidence further showed that the Respondents attempted to conceal the identity of the end-user by using a false customer name—the “27th Locomotive Factory.” The new evidence presented by BIS in support of the renewal of the TDO includes documents indicating that Data Physics Corporation exported to an entity in China after it had been informed by BIS's Office of Export Enforcement that the end-user was of missile proliferation concern, that the Data Physics Group may be soliciting an illegal transaction, failing to submit evidence to BIS in accordance with certain license conditions, and negotiating export transactions while the TDO was in effect. In its opposition to the request for renewal of the TDO, the Data Physics Group challenges BIS's evidence that was the basis for the initial TDO as well as the new evidence that was included in the request for renewal of the TDO. 1a Data Physics made multiple arguments opposing the basis for the initial TDO, including arguing that the 27th Locomotive was a legitimate end-user, that the transactions posed no traditional “red flags,” the evidence supporting BIS's claim that it was exporting to the 3rd Academy is not credible as it is based on hearsay statements of a terminated employee who retracted his statements, and the documents obtained from a Data Physics computer were not probative of Data Physics and the President's knowledge. The Data Physics Group also presented evidence arguing that the new evidence submitted by BIS in support of the renewal (the export to Shanghai Xinyue Instruments Factory, that the Data Physics Group may be soliciting an illegal transaction, failing to submit evidence to BIS in accordance with certain license conditions and negotiating export transactions while the TDO was in effect) was not correct and/or was insufficient to prove that renewal of the TDO was appropriate. 1a None of the Respondents appealed the initial TDO. III. Findings As to the new evidence submitted by BIS in support of its request for renewal of the TDO, I find that the Data Physics Group, through its written submission and oral arguments, provided sufficient evidence to rebut a significant part of BIS's evidence concerning the issues that the Data Physics Group may be soliciting an illegal transaction, failing to submit evidence to BIS in accordance with certain license conditions, and negotiating export transactions while the TDO was in effect, and that BIS did not provide further evidence to rebut this evidence presented by the Data Physics Group. However, I do find that the evidence presented by BIS in its renewal request as to Data Physics Corporation's export to the Shanghai Xinyue Instrument Factory is persuasive and credible evidence that proves that the TDO should be renewed to prevent an imminent violation of the EAR and that the Data Physics Group did not provide sufficient or persuasive evidence to rebut BIS's evidence. First, it is uncontested that Data Physics Corporation exported a vector vibration controller, an item subject to the EAR, in September 2005 to the Shanghai Xinyue Instrument Factory in China without a BIS export license or otherwise consulting with BIS after Data Physics and its President, Sri Welaratna, were advised by Special Agent in Charge (“SAC”) Salcido that the Shanghai Xinyue Instrument Factory was of missile proliferation concern. While the Data Physics Group tried to dispute the significance of this transaction by arguing that the notification by SAC Salcido occurred in 2002, the notification was in response to a March 2002 letter from Data Physics' President, Sri Welaratna, to OEE regarding sponsorship of three visitors from Shanghai Xinyue Instrument Factory by Data Physics, and BIS has not placed Shanghai Xinyue on the Entity List or any other list, I find those arguments unpersuasive and troubling as the evidence on this export further demonstrates the Respondents' willingness to knowingly export to entities of missile proliferation concern without seeking advice or authorization from the U.S. Government prior to exporting. Significantly, in between the time of SAC Salcido's E-mail notification to Mr. Welaratna and Data Physics that Shanghai Xinyue is of missile proliferation concern and the September 2005 export to Shanghai Xinyue by Data Physics, two significant events happened. First, the export occurred after OEE executed a search warrant on Data Physics Corporation in connection with believed illegal exports. In April 2005, OEE agents executed a search warrant at Data Physics and during execution of the search warrant, OEE agents found copies of Part 744 of the EAR in the office of the Data Physics manager who is responsible for export compliance. Second, this Data Physics manager attended a May 2005 BIS sponsored seminar on export training during which an OEE agent gave a presentation that focused on Part 744 of the EAR, the Enhanced Proliferation Control Initiative, and specifically recommended doing research on customers, including Internet searches, prior to exporting. 2 Notwithstanding these events, Data Physics still exported a vector vibration controller to the Shanghai Xinyue Instrument Factory, an entity of missile proliferation concern, without any consultation with BIS after having been notified by OEE that the end-user was of missile proliferation concern. Significantly, the evidence indicates that Data Physics only checked the BIS Entity List and other lists before exporting a vector vibration controller to Shanghai Xinyue. This limited action by Data Physics is particularly troubling as the uncontested facts prove that Data Physics and its President, SRI Welaratna, know that Data Physics sells and exports item that have military end-uses, including for the design, development and production of missiles, and were notified that Shanghai Xinyue was of missile proliferation concern. While, I find this evidence alone is a sufficient basis for renewal of the TDO against all Respondents, I also find that the evidence serving as the basis of the initial TDO is a further basis for renewal of the TDO against all Respondents. 2 The Data Physics Group contests that OEE recommended conducting Internet searches. The basis of this challenge was that the advice regarding conducting Internet searches was not included in the power point slides. As to the evidence underlying the initial TDO, I do not find the Data Physics Group provided sufficient credible evidence to rebut BIS's credible and persuasive evidence that Respondents knowingly participated in the sale and unauthorized exports of spherical couplings and a test shaker, items subject to the EAR, to the 3rd Academy, an entity engaged in the design, development, production and use of cruise missile systems, and took actions to conceal these transactions by using a false end-user name. This evidence is the basis of the TDO. I further find that the evidence before me, presented both in the written submissions and oral arguments, regarding the Respondents knowingly selling and exporting spherical couplings and a test shaker to the 3rd Academy without an export license reveals violative actions that were significant, deliberate and covert and indicate a likelihood of future violations absent continuation of the TDO. Hence, on this basis alone I find that renewal of the TDO is appropriate. First, the Data Physics Group incorrectly contends that BIS is arguing that the 27th Locomotive does not exist, and that if it does exist, that it would not use the type of equipment at issue. The evidence submitted by BIS does not go to the existence of the 27th Locomotive but to the fact that the Respondents used the name of the 27th Locomotive in attempts to conceal the fact it was selling and exporting spherical couplings and a test shaker to the 3rd Academy, an entity engaged in the design, development, production and use of cruise missile systems. I find that these arguments raised by the Data Physics Group are not on point and unpersuasive. The Data Physics Group further argues that there were no traditional “red flags” relating to exports to the 27th Locomotive as the 27th Locomotive is not on DIS's Entity List or any other such list. This argument too is unpersuasive as BIS is basing its charges on Section 744.3 of the EAR and because of the internal Data Physics' e-mails that clearly and unequivocally provide that references for the customer Beijing 3 Yuan (a.k.a 3rd Academy) should be referred to as the 27th Locomotive. This evidence is persuasive and indicates that several Data Physics employees (not just Bill Chen) were aware of attempts to conceal the identity of the 3rd Academy. Further, Data Physics Corporation is a company of less than 40 employees and it knows that the items it sells, including spherical couplings and test shakers, have military end-uses. Hence, I find these arguments of the Data Physics Group to be unpersuasive. The Data Physics Group also argues that a significant portion of BIS's evidence, statements from a disgruntled former Data Physics employee who was terminated and who subsequently retracted his statements, is not credible and is hearsay and, as such, is inadmissible. Again, the Data Physics Group's arguments fall short. The evidence submitted by BIS in support of its initial TDO clearly shows that there is independent evidence that corroborates the allegations from the former employee. Specifically, there is a series of e-mails between the former employee, Bill Chen, and at least two other current Data Physics employees that expressly provide that the customer name of the 27th Locomotive should be used when referring to the 3rd Academy or Beijing 3 Yuan. The evidence is admissible 3 and based upon the corroborating evidence, I find the statements persuasive. In addition, the Data Physics Group also contended that Bill Chen was gone from the company and that any threat did not continue. I disagree. Bill Chen is on administrative leave from Data Physics and at least one of the employees involved in the e-mail exchange directing the 3rd Academy to be referred to as the 27th Locomotive is still with Data Physics. 3 The Federal Rules of Evidence do not apply and evidence that was relevant and material was entertained and given appropriate weight. 15 CFR 766.13. Further, the Data Physics Group tried to argue that BIS's evidence that the 3rd Academy is engaged in design, development, production and use of cruise missile systems was not reliable as it consisted of searches from the Internet. These arguments also were not persuasive. Again the evidence is admissible and the Data Physics Group did not provide any evidence as to what types of activities the 3rd Academy is engaged in. Rather, their arguments focused on whether the 27th Locomotive was a legitimate end-user. Hence, all the evidence on the 3rd Academy before me provides that the 3rd Academy is engaged in the design, development, production and use of cruise missile systems. The Data Physics Group further argues that the e-mails and other documents reflecting communications between Bill Chen and other Data Physics employees which contained the statements that the 3rd Academy should be referred to as the 27th Locomotive were not known to any Data Physics employees in the United States and do not demonstrate an intent by certain Respondents to conceal the true identity of the end-user from BIS. I disagree. These e-mails were obtained from Bill Chen's Data Physics' lap top computer which was in the United States and Mr. Chen worked in the United States and China for Data Physics. Further, the exports to the 3rd Academy could not have been handled by just one or two persons. In fact, e-mails were seized at Data Physics California headquarters that had 27th Locomotive in the subject line but had “3 Yuan 3 * * *” hand written in the upper right hand corner. 4 Further, the Data Physics Group did not provide any credible evidence to explain the statements directing the 3rd Academy be referred to as the 27th Locomotive. In fact, while several affidavits submitted by the Data Physics Group contained explicit statements that “I do not recall ever hearing any references to the customer 27th Locomotive using another entity name, nor do I recall seeing documentation that referred to this entity under another name;” the affidavit from an individual who was included in the e-mails does not contain a similar statement. 4 The Data Physics Group has submitted evidence that this is Bill Chen's handwriting. A find that the evidence presented by BIS demonstrates that the Respondents have violated the EAR, that such violations have been significant, deliberate and covert, and that there is a likelihood of future violations. As such a Temporary Denial Order (“TDO”) is needed to give notice to persons and companies in the United States and abroad that they should continue to cease dealing with the Respondents in export transactions involving items subject to the EAR. Such a TDO is consistent with the public interest to preclude violations of the EAR. Accordingly, I find that renewing the TDO naming Data Physics Corporation, its two offices in China, Sri Welaratna and Bill Chen should be continued for 180 days as it is necessary in the public interest to prevent an imminent violation of the EAR. The Data Physics Group also requested that to the extent the TDO is renewed that it be limited to exports and reexports to China. Based upon the evidence, I disagree. IV. ORDER It Is Therefore Ordered: FIRST, that the Respondents, DATA PHYSICS CORPORATION, 2025 Gateway Place, Suite 260, San Jose, California, 95110, and DATA PHYSICS CHINA, 1605B Westgate Tower, 1038 Nanjing Road West, Shanghai, P.R. China, 200041, and DATA PHYSICS CHINA, RM. 1509, Building 2, Xinquaduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China, 100089, SRI WELARANTNA, President, Data Physics Corporation, 2025 Gateway Place, Suite 260, San Jose, California, 95110, and BILL CHEN, Manager, AKA: Yuequan Chen, Data Physics China, RM. 1509, Building 2, Xinqudauan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China, 100089 (collectively the “Denied Persons”), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Export Administration Regulations (“EAR”), or in any other activity subject to the EAR, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or C. Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Persons any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Persons of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Persons acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Persons of any item subject to the EAR that has been exported from the United States; D. Obtain from the Denied Persons in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Persons, or service any item, or whatever origin, that is owned, possessed or controlled by the Denied Persons if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to any of the Denied Persons by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of Section 766.24(e) of the EAR, the Respondents may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on the Respondents and shall be published in the **Federal Register** . This Order is effective immediately and shall remain in effect for 180 days. Entered this 17th day of November, 2006. Darryl W. Jackson, Assistant Secretary of Commerce, for Export Enforcement. [FR Doc. 06-9419 Filed 11-30-06; 8:45 am]

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