Notices. DEPARTMENT OF COMMERCE

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BILLING CODE 0000-00-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 (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* Annual Capital Expenditures Survey. *Form Number(s):* ACE-1(S), ACE-1(M), ACE-1(L), ACE-2. *OMB Control Number:* 0607-0782. *Type of Request:* Revision of a currently approved collection. *Burden Hours:* 132,900. *Number of Respondents:* 61,000. *Average Hours per Response:* 2 hours and 10 minutes. *Needs and Uses:* A major concern of economic policymakers is the adequacy of investment in plant and equipment. The data on the amount of business expenditures for new plant and equipment and measures of the stock of existing facilities are critical to evaluating productivity growth, the ability of U.S. business to compete with foreign business, changes in industrial capacity, and overall economic performance. The ACES survey is the sole source of detailed comprehensive statistics on investment in buildings and other structures, machinery, and equipment by private nonfarm businesses in the United States. Data users tell us that they need comprehensive and consistent data on investment by all private nonfarm businesses, by industry, by kind of investment, i.e., whether in new or used structures or equipment. The objectives of the ACES survey are:

(a)To provide estimates of capital expenditures for all private nonfarm sectors of the economy by 3-digit and selected 4-digit North American Industry Classification System (NAICS) levels;

(b)To base the survey on a probability sample that yields measures of the statistical reliability of the survey estimates;

(c)To develop a base survey to benchmark more frequent surveys on capital expenditures that do not have complete industry coverage;

(d)To produce annual enterprise-level data with the level of detail, coverage, and quality which previously was only available as part of the quinquennial economic census;

(e)To provide detail on capital expenditures for estimating the national income and product accounts, estimating the productivity of U.S. industries, evaluating fiscal and monetary policy, and conducting research using capital expenditures data; and

(f)To provide industry analysts with capital expenditures data for market analysis, economic forecasting, product development, and business planning. This request is for a revision of a currently approved collection and will cover the 2007 through 2009 ACES (conducted in fiscal years 2008-2010). Changes from the previous ACES authorization are the collection of capital expenditures by type of structure and type of equipment in the 2008 ACES, and the incorporation of the 2007 North American Industry Classification System (NAICS) in the 2009 ACES. Capital expenditures by type of structure and type of equipment were last collected from employer companies in the 2003 ACES. These data, collected together once every five years, will again be collected in the 2008 ACES. The data are critical to evaluating the comprehensiveness of capital expenditures statistics in years detailed data on types of structures and equipment are not collected. The detailed structures data will provide a 5-year benchmark for estimates of new construction put in place. The detailed equipment data will provide a periodic measure of expenditures by type of equipment and assist in evaluating estimates of the private equipment and software components of nonresidential fixed investment. Through the 2008 ACES, data will be based on the 2002 NAICS. Beginning with the 2009 ACES, however, we will collect and publish data based on the 2007 NAICS. Industries in the survey will comprise 3-digit and 4-digit 2007 NAICS codes. To collect data, the Census Bureau will rely primarily on mail out/mail back survey forms. Employer companies will be mailed one of three forms based on the diversity of their operations, i.e., the number of industries in which they have payroll. All employer forms will have the 3-digit or selected 4-digit NAICS industries imprinted on the form to minimize the need for industry self coding. Companies that operate in only one industry will receive an ACE-1(S) form. These companies will not be asked to report capital expenditures by industry, thus eliminating the need for industry self coding. Companies that operate in more than one but less than nine industries will receive an ACE-1(M) form. Companies that operate in nine or more industries will receive an ACE-1(L) form. All ACE-1 forms request sales and receipts information to calculate industry investment to sales ratios and to assist in verifying that consolidated company data are being reported. Asset and depreciation information, also collected, assists in measuring changes in the Nation's capital stock estimates. Capital expenditures data are also collected annually from a small sample of nonemployer enterprises using Form ACE-2. This collection is intended to better represent the total capital expenditures activity of all firms. The ACES is an integral part of the Federal Government's effort to improve the quality and usefulness of National economic statistics. Federal agencies, including the Census Bureau, use these data to improve and supplement ongoing statistical programs. The Census Bureau uses the data to improve the quality of monthly economic indicators of investment. The Bureau's Value of New Construction Put in Place survey currently uses the ACES data to benchmark its industrial buildings data. The Bureau of Economic Analysis

(BEA)uses the data in refining and evaluating annual estimates of investment in structures and equipment in the national income and product accounts, compiling annual input-output tables, and computing gross domestic product by industry. The Federal Reserve Board uses the data to improve estimates of investment indicators for monetary policy. The Bureau of Labor Statistics uses the data to improve estimates of capital stocks for productivity analysis. In addition, industry analysts use the data for market analysis, economic forecasting, product development, and business planning. *Affected Public:* Business or other for profit organizations; Not-for-profit institutions. *Frequency:* Annually. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13 U.S.C. Sections 182, 224, & 225. *OMB Desk Officer:* Brian Harris-Kojetin,

(202)395-7314. 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.go* v). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax

(202)395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: November 2, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-21932 Filed 11-7-07; 8:45 am] BILLING CODE 3510-07-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 emergency provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). AGENCY: National Telecommunications and Information Administration (NTIA). *Title:* Certification for Retailers to Accept and Redeem Coupons for the Purchase of a Digital-to-Analog Converter Box. *OMB Approval Number:* 0660-0020. *Agency Form Number:* DTV-1. *Type of Request:* Emergency submission. *Burden Hours:* 2,000. *Average Time per Response:* 30 minutes. *Number of Respondents:* 4,000. *Needs and Uses:* The National Telecommunications and Information Administration

(NTIA)proposes to add additional questions to the retailer certification form for the digital-to-analog converter box coupon program. In March 2007, NTIA published a Final Rule that outlined the parameters of the coupon program for consumers, retailers, and manufacturers. 1 As part of that rulemaking, NTIA discussed its information requirements for consumers, manufacturers and retailers. 2 NTIA received approval from OMB on its information collection certification for retailers, but has determined that additional information is needed to ensure that the program is run efficiently. 1 See Rules to Implement and Administer a Coupon Program for Digital-to-Analog Converter Boxes (Final Rule), 72 FR 12097 (March 15, 2007). 2 Id. at p. 12113. The additional information required from retailers will ensure, among other things, that:

(1)Retailers are timely reimbursed;

(2)there is consumer information regarding the availability of converter boxes;

(3)retailers are complying with program regulations;

(4)there is information available as to the geographic location of converter boxes; and

(5)the program is able to minimize waste, fraud, and abuse. An agreement will be on a retailer Web site that will enable retailers to provide the information previously approved by OMB as part of the information collection. This agreement, which is also available to retailers in a hard copy format, also requires additional information from retailers. *Affected Public:* Business and other for-profit organizations. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* Jasmeet K. Seehra,

(202)395-3123. 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. Written comments and recommendations for the proposed information collection should be sent by November 14, 2007 to Jasmeet K. Seehra, OMB Desk Officer, FAX number

(202)395-5167 or via the Internet at *Jasmeet_K._Seehra@omb.eop.gov* . Dated: November 5, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-21944 Filed 11-7-07; 8:45 am] BILLING CODE 3510-60-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget

(ICT)equipment have resulted in these assets having short useful lives and being replaced much more quickly than other types of equipment. Companies are expensing the full cost of such assets during the current annual period rather than capitalizing the value of such assets and expensing the cost over two or more years. In some cases this is due not only to the short useful life of the asset, but also to the fact that companies have varying dollar levels for capitalization. The Annual Capital Expenditures Survey

(ACES)(OMB Project 0607-0782) currently collects summary data on business capital expenditures annually and detailed data on types of structures and equipment every five years. The fact that the ACES program does not include non-capitalized expenditures for e-business infrastructure and infrequently collects detailed data on types of structures and equipment creates serious data gaps. To fill these gaps and as a supplement to the ACES survey, the Census Bureau created the Information and Communication Technology Survey (ICTS). The ICTS uses the ACES sampling, follow-up and estimation methodologies including mailing to the same employer companies. Data users tell us that they need comprehensive and consistent data on investment by all private nonfarm businesses in capitalized and non-capitalized ICT equipment and software. The objectives of the ICTS are:

(a)To provide estimates of capitalized and non-capitalized ICT equipment expenditures for all private nonfarm sectors of the economy at 3-digit and selected 4-digit North American Industry Classification System (NAICS) levels;

(b)To base the survey on a probability sample that yields measures of statistical reliability of the survey estimates;

(c)To establish an annual enterprise level data series with the level of detail, coverage and quality which was previously unavailable;

(d)To provide detail data on capitalized and non-capitalized ICT expenditures for estimating the national income and product accounts, estimating the productivity of U.S. industries, evaluating fiscal and monetary policy, and conducting research using capitalized and non-capitalized expenditures data; and

(e)To provide industry analysts with necessary data for market analysis, economic forecasting, product development, and business planning. This request is for a continuation of a currently approved collection covering the 2007-2009 ICTS (conducted in fiscal years 2008-2010). The only change from the previous ICTS is the incorporation of the 2007 North American Industry Classification System (NAICS) into the 2009 ICTS. For both the 2007 and 2008 ICTS, data will be collected and published based on the 2002 NAICS. Beginning with the 2009 ICTS, however, we will collect and publish data based on the 2007 NAICS. Industries will comprise 3-digit and selected 4-digit NAICS codes. The annual ICTS survey collects data on two categories of non-capitalized expenses (purchases; and operating leases and rental payments), for four types of information and communication technology equipment and software (computers and peripheral equipment; ICT equipment, excluding computers and peripherals; electromedical and electrotherapeutic apparatus; and computer software, including payroll associated with software development). The survey also collects capital expenditures data on the four types of ICT equipment and software cited above. Only nonfarm, non-governmental companies, organizations, and associations operating in the United States are included in this survey. To collect data, the Census Bureau will rely primarily on mail out/mail back survey forms. Employer companies will be mailed one of three forms based on their diversity of operations, i.e. the number of industries in which they have payroll. All employer forms will have the 3-digit or selected 4-digit NAICS industries imprinted on the form to minimize the need for industry self coding. Companies will be asked to report data for industries in which they operate and incurred capitalized and non-capitalized expenditures. Companies that operate in only one industry will receive an ICT-1(S) form. These companies will not be asked to report ICT expenditures by industry, this will eliminate the need for industry self coding. Companies that operate in more than one, but less than nine industries will receive an ICT-1(M) form. Companies that operate in nine or more industries will receive an ICT-1(L) form. The ICTS is an important part of the Federal Government's effort to improve and supplement ongoing statistical programs. The Bureau of Economic Analysis (BEA), Federal Reserve Board, Bureau of Labor Statistics and industry analysts use these data to evaluate productivity and economic growth prospects. In addition, the ICTS provides improved source data significant to BEA's estimate of the investment component of Gross Domestic Product, capital stock estimates, and capital flow tables. Other Federal agencies, private industry organizations, and academic researchers use the survey results for analyzing and studying: Past and current economic performance; Short-term economic forecasts; Productivity; Long-term economic growth; Tax policy; Capacity utilization; Business fixed capital stocks and capital formation; International competitiveness and trade policy; Market research; and Financial analysis. *Affected Public:* Business or other for-profit organizations; Not-for-profit institutions. *Frequency:* Annually. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13 U.S.C. Sections 182, 224 & 225. *OMB Desk Officer:* Brian Harris-Kojetin,

(202)395-7314. 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 Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: November 2, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-21947 Filed 11-7-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket Nos. 04-BIS-15] In the Matters of: S.P. Equipamentos de Protecao ao Trabalho Ltda., Rua Visconde de Inhauma, 386-Saude 04146-030 Sao Paulo, Brazil, Respondent; Decision and Order on Petition to Set Aside Default Order On February 26, 2007, the Acting Under Secretary of Commerce for Industry and Security issued a Final Decision and Order, pursuant to his authority under Section 766.22 of the Export Administration Regulations (hereinafter “Regulations”), in which he affirmed the findings of fact and conclusions of law as recommended by an Administrative Law Judge

(ALJ)that Respondent was in default on an administrative proceedings initiated against it under the Regulations. Respondent has petitioned me to set aside the default order using my authority under Section 366.7(b) of the Regulations. For the reasons stated below, I grant the Petition. The relevant facts in this matter are as follows. In a charging letter filed on September 13, 2004, the Bureau of Industry and Security (“BIS”) alleged that Respondent committed two violations of the Regulations, 1 issued under the Export Administration Act of 1979, as amended (50 U.S.C. app 2401-2420 (2000)). 2 1 The violations charged occurred in 2002. The Regulations governing the violations at issue are found in the 2002 version of the Code of Federal Regulations (15 CFR parts 730-774 (2002)). The 2007 Regulations establish the procedures that apply to this matter. 2 50 U.S.C. app. §§ 2401-2420 (2000)). 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 15, 2007 (72 FR 46137 (Aug. 16, 2007)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (“IEEPA”). On September 13, 2004, BIS mailed the notice of issuance of the charging letter by registered to the Respondent at its last known address. The file indicates that the notice of issuance of a charging letter was received by the Respondent on or about September 24, 2004, and counsel, who no longer represents the Respondent, filed a Notice of Appearance on February 7, 2005. Respondent, or its former counsel, did not file an answer to the charging letter with the ALJ, as required by Section 766.6 of the Regulations, but there is evidence in the file that the opposing counsel engaged in settlement negotiations regarding these charges for about one year before BIS filed a Motion for Default Order on or about November 9, 2006. The former counsel for the Respondent states in a declaration to accompany this Petition that counsel did not receive notice of the BIS decision to file a Motion for Default Order, nor was counsel served with the motion that was filed. On January 31, 2007, based on the record before him, the ALJ issued a recommended decision in which he found that the Respondent was in default. On February 26, 2007, the Acting Under Secretary for Industry and Security issued a Final Decision and Order affirming the ALJ's recommended decision, and imposing a ten-year denial of Respondent's export privileges. On September 7, 2007, Respondent filed its Petition asserting among other things, that good cause exists to set aside the default. On October 24, 2007, BIS filed a response to the Petition in which it did not oppose the finding that goop cause exists to set aside the default. The Regulations provide me with the authority to set aside a default order. Section 766.7(b)(1) of the Regulations states: “[U]pon petition filed by a respondent against whom a default order has been issued, which petition is accompanied by an answer meeting the requirements of § 766.6(b) of this part, the Under Secretary may, after giving all parties an opportunity to comment, and for good cause shown, set aside the default and vacate the order entered thereon and remand the matter to the administrative law judge for further proceedings.” The Petition and its supporting materials justify a finding that good cause exists to grant this Petition and there is no opposition to this finding. Accordingly, I find good cause has been shown to set aside the Final Decision and Order, dated February 26, 2007, and the Order is hereby vacated and this matter is remanded to the ALJ for further proceedings. This Order, which constitutes the final agency action on this Petition, is effective immediately. Dated: November 5, 2007. Mario Mancuso, Under Secretary for Industry and Security [FR Doc. 07-5590 Filed 11-7-07; 8:45 am]

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U.S. Code

Surveys
§ 182

DEPARTMENT OF COMMERCE
Notices

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50 USC 1701-1706

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Notices

DEPARTMENT OF COMMERCE

U.S.C.§ 182

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