Notices. Proposed collection; Comment request

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 8230-01-M DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Socioeconomic Research and Monitoring Program for the Florida Keys National Marine Sanctuary: Recreation/Tourism in the Florida Keys—A Ten-year Replication. *Form Number(s):* None. *OMB Approval Number:* 0648-xxxx. *Type of Request:* Regular submission. *Burden Hours:* 10,539. *Number of Respondents:* 15,686. *Average Hours Per Response:* Auto, air and cruise ship visitors: On-site survey, 4 minutes; mail-back surveys, 15 minutes; other visitor surveys: On-site: 15 minutes; mail-back surveys, 20 minutes; resident mail survey, 1 hour; and supply-side surveys, 5 minutes. *Needs and Uses:* This is an approximate ten-year replication of the study “Linking the Economy and Environment of the Florida Keys/Florida Bay” which established baseline measurements for recreation/tourist uses of the Florida Keys National Marine Sanctuary (FKNMS). The baseline measurements were taken in 1995-96 for the broader recreation/tourist uses, while for reef use the baseline measurements were taken in 2000-2001. Baseline measurements were taken on number of users and recreation/tourist uses of the Florida Keys, along with estimates of economic value of resource use, economic impact associated with these uses on the local and regional economies, importance/satisfaction ratings for 25 natural resource attributes, facilities and services, and demographic profiles of users. This application also includes establishment of new baselines for knowledge, attitudes and perceptions of Sanctuary management strategies and regulations for recreation/tourist user groups, adds evaluations of management alternatives for coral reefs, and adds information that will support better predictions of how users will respond to management/regulations. *Affected Public:* Business or other for-profit organizations; individuals or households. *Frequency:* One time only. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,

(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,

(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number

(202)395-7285, or *David_Rostker@omb.eop.gov.* Dated: February 22, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-3429 Filed 2-27-07; 8:45 am] BILLING CODE 3510-NK-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506 (c)(2)(A)). *Bureau:* International Trade Administration (ITA). *Title:* Commercial Service Market Segmentation Study of Moderate U.S. Exporters Focus Groups. *Agency Form Number:* ITA-XXXX. *OMB Number:* None. *Type of Request:* Regular Submission. *Burden:* 108 hours. *Number of Respondents:* 72. *Average Hours per Response:* 1.5 hours. *Needs and Uses:* Expanding U.S. exports is a national priority essential to improving U.S. trade performance. The Department of Commerce, ITA, U.S. Commercial Service

(CS)serves as the key U.S. government agency responsible for promoting exports of goods and services from the United States, particularly by small and medium-sized enterprises, and assisting U.S. exporters in their dealings with foreign governments. The CS is mandated by the Government Performance and Results Act of 1993 and the President's Management Agenda Fiscal Year 2002 to improve program performance and achieve better results for the American people. In accordance with these mandates, the CS needs to address the weaknesses and opportunities for improvement identified by the Office of Management and Budget's 2003 Program Assessment Rating Tool (PART). To address these weaknesses and opportunities and in an effort to remain relevant to the marketplace and optimize our respective operations, the Commercial Service, Manufacturing Extension Partnership (MEP), Census Bureau (Census), and Export-Import Bank (Ex-Im) have embarked on a market segmentation research study of moderate U.S. exporters. The objectives are to gain market knowledge and generate statistically valid characterizations about the needs and buying behavior of exporting companies, with a particular focus on Moderate exporters, which are defined as those U.S. firms that currently export, but on a limited or reactive basis and whose international sales comprise less than 10% of total sales or whose international sales growth is less than 10% per year. Respondents benefit from the collection of this information because it will be used to improve services provided to the public. Without this information, the CS/MEP/Census/Ex-Im team is unable to systematically determine the needs, attitudes and behaviors of U.S. exporters. This effort will gather statistically valid market intelligence on SME attitudes and behaviors vis-à-vis making international sales and working with a government consultant. *Affected Public:* U.S. companies that are recruited by Pacific Consulting Group, the vendor hired by the U.S. Commercial Service for this research. *Frequency:* One time. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,

(202)395-3897. Copies of the above information collection can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,

(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230. E-mail: *dHynek@doc.gov.* Written comments and recommendations for the proposed information collection should be sent to David Rostker, OMB Desk Officer, *David_Rostker@omb.eop.gov* or fax

(202)395-7285 within 30 days of the publication of this notice in the **Federal Register** . Dated: February 22, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-3430 Filed 2-27-07; 8:45 am] BILLING CODE 3510-FP-P DEPARTMENT OF COMMERCE U.S. Census Bureau Generic Clearance for Questionnaire Pretesting Research ACTION: Proposed collection; Comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before April 30, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Theresa J. DeMaio, U. S. Census Bureau, Room 3127, FOB 4, Washington, DC 20233-9150,

(301)457-4894 (or via the Internet at *theresa.j.demaio@census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The Census Bureau plans to request an extension of the current OMB approval to conduct a variety of small-scale questionnaire pretesting activities under this generic clearance. A block of hours will be dedicated to these activities for each of the next three years. OMB will be informed in writing of the purpose and scope of each of these activities, as well as the time frame and the number of burden hours used. The number of hours used will not exceed the number set aside for this purpose. This research program will be used by the Census Bureau and survey sponsors to improve questionnaires and procedures, reduce respondent burden, and ultimately increase the quality of data collected in the Census Bureau censuses and surveys. The clearance will be used to conduct pretesting of decennial, demographic, and economic census and survey questionnaires prior to fielding them. Pretesting activities will involve one of the following methods for identifying measurement problems with the questionnaire or survey procedure: Cognitive interviews, focus groups, respondent debriefing, behavior coding of respondent/interviewer interaction, and split panel tests. II. Method of Collection Any of the following methods may be used: Mail, telephone, face-to-face; paper-and-pencil, CATI, CAPI, Internet, or IVR. III. Data *OMB Number:* 0607-0725. *Form Number:* Various. *Type of Review:* Regular submission. *Affected Public:* Individuals or households, Farms, Business or other for-profit organizations. *Estimated Number of Respondents:* 5,500. *Estimated Time per Response:* 1 hour. *Estimated Total Annual Burden Hours:* 5,500. *Estimated Total Annual Cost:* There is no cost to respondents, except for their time to complete the questionnaire. *Respondent's Obligation:* Voluntary. *Legal Authority:* 13 U.S.C. 131, 141, 142, 161, 181, 182, 193, and 301. IV. Request for 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 shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(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 respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 22, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-3431 Filed 2-27-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE U.S. Census Bureau Age Search Service ACTION: Proposed collection; Comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before April 30, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Angela Feldman Harkins, Assistant Director (Processing), United States Census Bureau, National Processing Center, Jeffersonville, Indiana, 46132, on

(812)218-3434 (or via the Internet at *angela.m.feldman.harkins@census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract Age Search is a service provided by the U.S. Census Bureau for persons who need official transcripts of personal data as proof of age for pensions, retirement plans, medicare, and social security. The transcripts are also used as proof of citizenship to obtain passports or to provide evidence of family relationship for rights of inheritance. The Age Search forms are used by the public in order to provide the Census Bureau with the necessary information to conduct a search of historical population decennial census records in order to provide the requested transcript. The Age Search service is self-supporting and is funded by the fees collected from the individuals requesting the service. II. Method of Collection The Form BC-600, Application for Search of Census Records, is a public use form that is submitted by applicants requesting information from the decennial census records. Applicants are requested to enclose appropriate fee by check or money order with the completed and signed Form BC-600 and return by mail to the U.S. Census Bureau, Personal Census Search Unit, in Jeffersonville, Indiana. The Form BC-649 (L), which is called a “Not Found”, advises the applicant that search for information from the census records was unsuccessful. The BC-658 (L), is sent to the applicant when insufficient information has been received on which to base a search of the census records. These two forms request additional information from the applicant to aid in the search of census records. III. Data *OMB Number:* 0607-0117. *Form Number:* BC-600, BC-649(L), BC-658(L). *Type of Review:* Revision of a currently approved collection. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 4,470 Total (BC-600-3,233; BC-649 (L)-1,036; BC-658(L)-201). *Estimated Time per Response:* BC-600-12 minutes; BC-649(L)-6 minutes; BC-658(L)-6 minutes. *Estimated Total Annual Burden Hours:* 772 hours. *Estimated Total Annual Cost:* The Age Search processing fee is $65.00 per case. An additional charge of $20 per case for expedited requests requiring results within one day is also available. *Respondent's Obligation:* Required to obtain or retain benefits. *Legal Authority:* Title 13, United States Code, Section 8. IV. Request for 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 shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(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 respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 22, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-3432 Filed 2-27-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE U.S. Census Bureau Current Industrial Reports Surveys—WAVE II (Mandatory and Voluntary Surveys) ACTION: Proposed collection; Comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before April 30, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to: Mendel D. Gayle, Assistant Chief for Census and Related Programs,

(301)763-4587, Census Bureau, Manufacturing and Construction Division, Room 2102A, Building #4, Washington, DC 20233 (or via the Internet at: *mendel.d.gayle@census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The Census Bureau plans to request a revision of the currently approved Office of Management and Budget

(OMB)clearance of the Current Industrial Reports

(CIR)for Wave II. The Census Bureau conducts a series of monthly, quarterly, and annual surveys as part of the Current Industrial Reports

(CIR)program. The CIR surveys primarily publish data on quantity and value of shipments of particular products and occasionally with data on production and inventories; unfilled orders, receipts, stocks and consumption; and comparative data on domestic production, exports, and imports of the products they cover. These surveys provide continuing and timely national statistical data on manufacturing. Individual firms, trade associations, and market analysts use the results of these surveys extensively in planning or recommending marketing and legislative strategies. The CIR program includes both mandatory and voluntary surveys. Typically, the monthly and quarterly surveys are conducted on a voluntary basis and annual collections are mandatory. The collection frequency of individual CIR surveys is determined by the cyclical nature of production, the need for frequent trade monitoring, or the use of data in Government economic indicator series. Some monthly and quarterly CIR surveys have an annual “counterpart” collection. The annual counterpart collects annual data on a mandatory basis from those firms not participating in the more frequent collection. Due to the large number of surveys in the CIR program, for clearance purposes, the CIR surveys are divided into “waves.” One wave is resubmitted for clearance each year. This year the Census Bureau plans to submit mandatory and voluntary surveys of Wave II for clearance. During the economic census years, years ending in 2 and 7 all voluntary annual surveys are made mandatory. For the 2007 Economic Census the following surveys are converting to mandatory status: MA311D—“Confectionery”, MA333N—“Fluid Power Products for Motion Control (Including Aerospace), and MA336G—“Aerospace Industry”. The MQ335C—“Fluorescent Lamp Ballasts” is discontinued. All known manufacturing activities for this industry are done outside the United States. The surveys included in Wave II are: Mandatory surveys Voluntary survey M311J—Oilseeds, Beans, and Nuts (Primary Producers) *M327G—Glass Containers. M313N—Cotton and Raw Linters in Public Storage *MQ311A—Flour Milling Products. M313P—Consumption on the Cotton System and Stocks *MQ325A—Inorganic Chemicals. MQ313A—Textiles MQ325F—Paint, Varnish, and Lacquer. MQ315A—Apparel *These voluntary surveys have mandatory annual counterparts. MQ333W—Metalworking Machinery MA311D—Confectionery MA314Q—Carpets and Rugs MA321T—Lumber Production and Mill Stocks MA325G—Pharmaceutical Preparations, except Biologicals MA333N—Fluid Power Products for Motion Control (Including Aerospace) MA333P—Pumps and Compressors MA335E—Electric Housewares and Fans MA335J—Insulated Wire and Cable MA336G—Aerospace Industry II. Method of Collection The Census Bureau will use mail out/mail back survey forms to collect data. We ask respondents to return monthly report forms within 10 days, quarterly report forms within 15 days, and annual report forms within 30 days of the initial mailing. Telephone calls and/or letters encouraging participation will be mailed to respondents who have not responded by the designated time. III. Data *OMB Number:* 0607-0395. *Form Number:* See Chart Above. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 8,182. *Estimated Time per Response:* 1.332 hours. *Estimated Total Annual Burden:* 10,857 hours. *Estimated Total Annual Cost:* The estimated cost to respondents for all the CIR reports in Wave II for fiscal year 2008 is $185,329. *Respondent's Obligation:* The CIR program includes both mandatory and voluntary surveys. *Legal Authority:* Title 13, United States Code, Sections 61, 81, 131, 182, 224, and 225. IV. Request for 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 shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(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 respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 22, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-3433 Filed 2-27-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Order No. 1501 Approval for Expansion of Authority for Subzone 99E The Premcor Refining Group Inc. (Oil Refinery), Delaware City, DE Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas* , the Delaware Economic Development Office, grantee of FTZ 99, has requested authority on behalf of The Premcor Refining Group Inc. (Premcor), to expand the scope of manufacturing activity conducted under zone procedures within Subzone 99E at the Premcor refinery in Delaware City, Delaware (FTZ Docket 21-2006, filed 5/31/2006); *Whereas* , notice inviting public comment has been given in the **Federal Register** (71 FR 34303, 6/14/2006); *Whereas* , the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations would be satisfied, and that approval of the application would be in the public interest if approval is subject to the conditions listed below; *Now, therefore* , the Board hereby orders: The application to expand the scope of manufacturing authority under zone procedures within Subzone 99E, is approved, subject to the FTZ Act and the Board's regulations, including § 400.28, and subject to the following conditions: 1. Foreign status (19 CFR § 146.41, 146.42) products consumed as fuel for the petrochemical complex shall be subject to the applicable duty rate. 2. Privileged foreign status (19 CFR § 146.41) shall be elected on all foreign merchandise admitted to the subzone, except that non-privileged foreign

(NPF)status (19 CFR § 146.42) may be elected on refinery inputs covered under HTSUS Subheadings #2709.00.10, #2709.00.20, #2710.11.25, #2710.11.45, #2710.19.05, #2710.19.10, #2710.19.45, #2710.91.00, #2710.99.05, #2710.99.10, #2710.99.16, #2710.99.21 and #2710.99.45 which are used in the production of: -petrochemical feedstocks (examiners report, Appendix “C”); -products for export; -and, products eligible for entry under HTSUS #9808.00.30 and #9808.00.40 (U.S. Government purchases). Signed at Washington, DC, this 12th day of February 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration. Alternate Chairman Foreign-Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E7-3434 Filed 2-27-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Order No. 1500 Expansion of Foreign-Trade Zone 164, Muskogee, Oklahoma Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas* , the Muskogee City-County Port Authority, grantee of Foreign-Trade Zone 164, submitted an application to the Board for authority to expand FTZ 164-Site 1 to include two additional parcels and to expand the zone to include two additional sites in Muskogee and McAlester, Oklahoma, within and adjacent to the Tulsa Customs and Border Protection port of entry (FTZ Docket 29-2006; filed 7/12/06); *Whereas* , notice inviting public comment was given in the **Federal Register** (71 FR 40991, 7/19/06) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and, *Whereas* , the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that the proposal is in the public interest; *Now, therefore* , the Board hereby orders: The application to expand FTZ 164 is approved, subject to the Act and the Board's regulations, including Section 400.28. Signed at Washington, DC, this 12th day of February 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration. Alternate Chairman Foreign-Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E7-3428 Filed 2-27-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 05-BIS-10 In the Matter of: William Kovacs, 24 Georgetown Road, Boxford, MA 01921, Respondent; Final Decision and Order This matter is before me upon a Recommended Decision and Order of an Administrative Law Judge (“ALJ”), as further described below. In a charging letter filed on June 28, 2005, the Bureau of Industry and Security (“BIS”) alleged that Respondent, William Kovacs, committed six violations of the Export Administration Regulations (“Regulations”) 1 , issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (the “Act”), 2 related to the illegal export of an industrial furnace to the Beijing Research Institute of Materials and Technology (“BRIMT”) in the People's Republic of China. The export of the furnace, which took place in 1999, required a license because the exporter, Elatec (Kovacs' company), knew or had reason to know at the time of the export that the item would be used in the design, development, production, or use of missiles in or by China, as described in 744.3(a)(2) of the Regulations. A license application submitted for the export was explicitly denied by BIS before the export occurred, and no license for the export was ever obtained. 1 The charged violations occurred from 1998, 1999 and 2001. The Regulations governing the violations at issue are found in the 1998, 1999 and 2001 versions of the Code of Federal Regulations (15 CFR parts 730-774 (1998-1999, 2001)). Actions taken during this administrative enforcement proceeding are governed by the Regulations in effect at the time such actions take place. 2 From August 21, 1994, through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000, (3 CFR, 2000 Comp. 397 (2001)), continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (“IEEPA”). On November 13, 2000, the Act was reauthorized and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001, (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 3, 2006, (71 FR 44,551 (August 7, 2006)), has continued the Regulations in effect under IEEPA. The charging letter alleged that Kovacs sold, transferred, forwarded and/or disposed of the furnace with knowledge that a violation would subsequently occur, that Kovacs conspired to export the furnace without a license, that Kovacs caused the furnace to be exported without a license, and that Kovacs took actions with the intent to evade the Regulations in connection with the furnace export. Further, the charging letter alleged that Kovacs made two false statements to the U.S. Government during the investigation of the illegal export. In accordance with 766.3(b)(1) of the Regulations, on June 28, 2005, BIS mailed the notice of issuance of the charging letter by certified mail to Kovacs at his last known address. The notice of issuance of a charging letter was received and signed for by Kovacs on July 5, 2005. To date, Kovacs has not filed an answer to the charging letter with the ALJ, as required by the Regulations. In accordance with 766.7 of the Regulations, BIS filed a Motion for Default Order on January 11, 2007. This Motion for Default Order recommended that Kovacs be denied export privileges under the Regulations for a period of 5 years and be assessed a monetary penalty of $66,000. Under 766.7(a) of the Regulations, “[f]ailure of the respondent to file an answer within the time provided constitutes a waiver of the respondent's right to appear,” and “on BIS's motion and without further notice to the respondent, ]the ALJ] shall find the facts to be as alleged in the charging letter.” Based upon the record before him, the ALJ held Kovacs in default. On January 26, 2007, the ALJ issued a Recommended Decision and Order in which he found that Kovacs committed one violation each of § 764.2(b), (d),

(e)and

(h)of the Regulations, and two violations of § 764.2(g) of the Regulations. The ALJ also recommended the penalty of denial of Kovacs' export privileges for five years and a monetary penalty of $66,000. The ALJ's Recommended Decision and Order, together with the entire record in this case, has been referred to me for final action under § 766.22 of the Regulations. I find that the record supports the ALJ's findings of fact and conclusions of law. I also find that the penalty recommended by the ALJ is appropriate, given the nature of the violations and the facts of this case, and the importance of preventing future unauthorized exports. Based on my review of the entire record, I affirm the findings of fact and conclusions of law contained in the ALJ's Recommended Decision and Order. *Accordingly, it is therefore ordered,* *First,* that a civil penalty of $66,000 is assessed against Kovacs which shall be paid to the Department of Commerce within 30 days from the date of entry of this Order. Payment shall be made in the manner specified in the attached instructions. *Second,* that pursuant to the Debt Collection Act of 1982, as amended (31 U.S.C. §§ 3701-3720E (2000)), the civil penalty owed under this Order accrues interest as more fully described in the attached Notice, and, if payment is not made by the due date specified herein, Kovacs will be assessed, in addition to the full amount of the civil penalty and interest, a penalty charge and an administrative charge, as further described in the attached Notice. *Third,* that, for a period of five years from the date of this Order, William Kovacs, 24 Georgetown Road, Boxford, MA 01921, and when acting for or on behalf of Kovacs, his representatives, agents, assigns and employees (hereinafter collectively referred to as the “Denied Person”), 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 Regulations, or in any other activity subject to the Regulations, 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 Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. *Fourth,* that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person 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 Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the Untied States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and that is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. *Fifth,* that, after notice and opportunity for comment as provided in § 766.23 of the Regulations, any person, firm, corporation, or business organization related to the Denied Person 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. *Sixth,* that this Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreign-produced direct product of U.S.-origin technology. *Seventh,* that this Order shall be served on the Denied Person and on BIS, and shall be published in the **Federal Register** . In addition, the ALJ's Recommended Decision and Order, except for the section related to the Recommended Order, shall be published in the **Federal Register** . This Order, which constitutes the final agency action in this matter, is effective immediately. Dated: February 22, 2007. Mark Foulon, Acting Under Secretary of Commerce for Industry and Security. Attachments Notice The Order to which this Notice is attached describes the reasons for the assessment of the civil monetary penalty. It also specifies the amount owed and the date by which payment of the civil penalty is due and payable. Under the Debt Collection Act of 1982, as amended (31 U.S.C. 3701-3720E (2000)), and the Federal Claims Collection Standards (31 CFR parts 900-904 (2002)), interest accrues on any and all civil monetary penalties owed and unpaid under the Order, from the date of the Order until paid in full. The rate of interest assessed respondent is the rate of the current value of funds to the U.S. Treasury on the date that the Order was entered. However, interest is waived on any portion paid within 30 days of the date of the Order. See 31 U.S.C.A. 3717 and 31 CFR 901.9. The civil monetary penalty will be delinquent if not paid by the due date specified in the Order. If the penalty becomes delinquent, interest will continue to accrue on the balance remaining due and unpaid, and respondent will also be assessed both an administrative charge to cover the cost of processing and handling the delinquent claim and a penalty charge of 6 percent per year. However, although the penalty charge will be computed from the date that the civil penalty becomes delinquent, it will be assessed only on sums due and unpaid for over 90 days after that date. See 31 U.S.C.A. 3717 and 31 CFR 901.9. The foregoing constitutes the initial written notice and demand to respondent in accordance with § 901.2(b) of the Federal Claims Collection Standards (31 CFR 901.2(b)). Instructions for Payment of Civil Penalty 1. The civil penalty check should be made payable to: U.S. Department of Commerce. 2. The check should be mailed to: U.S. Department of Commerce, Bureau of Industry and Security, Room H-6622, 14th Street and Constitution Avenue, NW., Washington, DC. Attn: Jennifer Kuo. Recommended Decision and Order On June 28, 2005, the Bureau of Industry and Security (“BIS”), U.S. Department Commerce, issued a Charging Letter initiating this administrative enforcement proceeding against William Kovacs (“Kovacs”). The Charging Letter alleged that Kovacs committed six violations of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2006)) (“Regulations”), 1 issued under the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401-2420 (2000)) (“Act”). 2 In accordance with § 766.7 of Regulations, BIS moved for the issuance of an Order of Default against Kovacs for his failure to file an answer to the allegations in the Charging letter issued by BIS within the time period required by law. 1 The charged violations occurred during 1998, 1999 and 2001. The Regulations governing the violations at issue are found in the 1998, 1999 and 2001 versions of the Code of Federal Regulations (15 CFR parts 730-774 (1998-1999, 2001)). The 2006 Regulations establish the procedures that apply to this matter. 2 From August 21, 1994 through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12,924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000, 3 CFR, 2000 Comp. 397 (2001), continued the Regulations in effect under the International Emergency Economic Powers Act, 50 U.S.C. 1701-1706

(2000)(“IEEPA”). On November 13, 2000, the Act was reauthorized and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13,222 of August 17, 2001, 3 CFR, 2001 Comp. 783 (2002), as extended by the Notice of August 3, 2006, 71 FR 44551 (Aug. 7, 2006), has continued the Regulations in effect under the IEEPA. A. Legal Authority for Issuing an Order of Default Section 766.7 of the Regulations states that BIS may file a motion for an order of default if a respondent fails to file a timely answer to a charging letter. That section, entitled Default, provides in pertinent part: Failure of the respondent to file an answer within the time provided constitutes a waiver of the respondent's right to appear and contest the allegations in the charging letter. In such event, the administrative law judge, on BIS's motion and without further notice to the respondent, shall find the facts to be as alleged in the charging letter and render an initial or recommended decision containing findings of fact and appropriate conclusions of law and issue or recommend an order imposing appropriate sanctions. 15 CFR 766.7 (2005). Pursuant to § 766.6 of the Regulations, a respondent must file an answer to the charging letter “within 30 days after being served with notice of the issuance of the charging latter * * *” initiating the proceeding. B. Service of the Notice of Issuance of Charging Letter In the case, BIS served notice of issuance of the Charging Letter in accordance with § 766.3(b)(1) of the Regulations when it sent a copy of the Charging Letter by certified mail to Kovacs at his last known address on June 28, 2005. The notice of issuance of a charging letter was received and signed for by Kovacs on July 5, 2005. C. Summary of Violations Charged The Charging Letter issued by BIS included a total of six

(6)charges related to the illegal export of a manufacturing furnace to the Beijing Research Institute of Materials and Technology (“BRIMT”) in the People's Republic of China. The export of the furnace, which took place in 1999, required a license because the exporter, Elatec (Kovacs' company), knew or had reason to know at the time of the export that the item would be used in the design, development, production, or use of missiles in or by China, as described in § 744.39a)(2) of the Regulations. A license application submitted for the export was explicitly denied by BIS before the export occurred, and no license for the export was over obtained. The Charging Letter alleged that Kovacs sold, transferred, forwarded and/or disposed of the furnace with knowledge that a violation would subsequently occur, that Kovacs conspired to export the furnace without a license, that Kovacs caused the furnace to be exported without a license, and that Kovacs took actions with the intent to evade the Regulations in connection with the furnace export. Furthermore, the Charging Letter alleged that Kovacs made two false statements to the U.S. Government during the investigation of the illegal export. D. Penalty Recommendation [Redacted Section] E. Conclusion Accordingly, I am referring this Recommended Decision and Order to the Under Secretary of Commerce for Industry and Security for review and final action for the agency, without further notice to the Respondent, as provided in § 766.7 of the Regulations. Within 30 days after receipt of this Recommended Decision and Order, the Under Secretary shall issue a written order affirming, modifying, or vacating the Recommended Decision and Order. *See* 15 CFR 766.22(c). Dated: January 26, 2007. The Honorable Joseph N. Ingolia, *Chief Administrative Law Judge.* [FR Doc. 07-905 Filed 2-27-07; 8:45 am]

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