Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices 54265 

1The 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 

2006 Regulations establish the procedures that 

apply to this matter. 

2Since 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 44551 (August 7, 2006)), has continued 

the Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701–

1706 (2000)) (‘‘IEEPA’’). 

treatment measures, flood proofing and 

a voluntary buyout program. The ‘‘no 

project’’ alternative was also considered. 

The environmental assessment of this 

federally-assisted action suggests the 

estimated costs of the various 

alternatives will exceed $5 million. As 

a result, Ronald L. Hilliard, State 

Conservationist, has determined that the 

preparation and review of a draft EIS is 

needed for this project. 

A draft EIS will be prepared and 

circulated for review by agencies and 

the public. The Natural Resources 

Conservation Service invites 

participation and consultation of 

agencies and individuals that have 

special expertise, legal jurisdiction, or 

interest in the preparation of the draft 

EIS. A scoping meeting (workshop) will 

be held on Wednesday September 20, 

2006, at the National Guard Armory in 

Glen Jean, WV. The workshop will be 

held from 4 p.m. through 7 p.m. Those 

attending will have the opportunity to 

inquire about the project and to provide 

input to determine the scope of the 

evaluation of the proposed action. 

Further information on the proposed 

action may be obtained from Ronald L. 

Hilliard, State Conservationist, at the 

above address or telephone (304) 284–

7545. 

August 30, 2006. 

Ronald L. Hilliard, 

State Conservationist. 

[FR Doc. E6–15249 Filed 9–13–06; 8:45 am] 

BILLING CODE 3410–16–P 

UNITED STATES ARCTIC RESEARCH 

COMMISSION 

Notice of Meetings; Sunshine Act 

Notice is hereby given that the U.S. 

Arctic Research Commission will hold 

its 81st meeting in Woods Hole, MA on 

October 10–11, 2006. The Business 

Session, open to the public, will 

convene at 8 a.m., Tuesday, October 10, 

2006. An Executive Session will follow 

adjournment of the Business Session. 

The Agenda items include: 

(1) Call to order and approval of the 

Agenda. 

(2) Approval of the Minutes of the 

80th Meeting. 

(3) Reports from Congressional 

Liaisons. 

(4) Agency Reports. 

The focus of the meeting will be 

reports and updates on programs and 

research projects affecting the Arctic. 

Any person planning to attend this 

meeting who requires special 

accessibility features and/or auxiliary 

aids, such as sign language interpreters, 

must inform the Commission in advance 

of those needs. 

Contact Person for More Information: 

John Farrell, Executive Director, U.S. 

Arctic Research Commission, 703–525–

0111 or TDD 703–306–0090. 

John Farrell, 

Executive Director. 

[FR Doc. 06–7702 Filed 9–12–06; 12:23 pm] 

BILLING CODE 7555–01–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; In 

the Matter of: Thomas Campbell Butler, 

4611 10th Street, Lubbock, TX 79416, 

Respondent; Order 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’) 

has notified Thomas Campbell Butler 

(‘‘Butler’’) of its intention to initiate an 

administrative proceeding against Butler 

pursuant to Section 766.3 of the Export 

Administration Regulations (currently 

codified at 15 CFR Parts 730–774 

(2006)) (‘‘Regulations’’) 1 and Section 

13(c) of the Export Administration Act 

of 1979, as amended (50 U.S.C. app. 

2401–2420 (2000)) (‘‘Act’’),2 by issuing 

a proposed charging letter to Butler that 

alleged that Butler committed four 

violations of the Regulations. 

Specifically, the charges are: 

1. One violation of 15 CFR 764.2(a)— 

Engaging in Unauthorized Export to 

Tanzania: On or around September 9, 

2002, Butler engaged in conduct 

prohibited by the Regulations when he 

exported the human pathogen Yersinia 

pestis is subject to the Regulations and 

classified under Export Control 

Classification Number (ECCN) 1C351. 

Section 742.2 or the Regulations 

requires a Department of Commerce 

license to be obtained for exports of 

Yersinia pestis to Tanzania. 

2. One violation of 15 CFR 743.2(e)— 

Transferring, Forwarding and/or 

Disposing of Items with Knowledge that 

a Violation Would Occur: On or around 

September 9, 2002, Butler transferred, 

forwarded, and/or disposed of items 

subject to the Regulations with 

knowledge that a violation of the 

Regulations was about to occur in 

connection with the items. Specifically, 

Butler transferred, forwarded, and/or 

disposed of the human pathogen 

Yersinia pestis (Plague) to Tanzania, as 

described in Charge One, knowing that 

the item would be exported without the 

required Department of Commerce 

license. 

3. One violation of 15 CFR 764.2(h)— 

Taking an Action with Intent to Evade 

the Provisions of the Act or Regulations: 

On or around September 9, 2002, Butler 

took action with intent to evade the 

provisions of the Regulations in 

connection with the export described in 

Charge One above. Specifically, Butler 

described the human pathogen Yersinia 

pestis (Plague) as ‘‘Laboratory 

Materials’’ on the waybill, undervalued 

the shipment, neglected to fill out the 

section of the waybill regarding 

Shipper’s Export Declaration 

requirements, and signed his name 

under a statement claiming that the 

commodities in question were being 

shipped in accordance with the 

Regulations. He did this to disguise the 

fact that the export required a license. 

4. One violation of 15 CFR 764.2(h)— 

Taking an Action with Intent to Evade 

the Provisions of the Act or Regulations: 

On or around September 9, 2002, Butler 

took action with intent to evade the 

provisions of the Regulations in 

connection with the export described in 

Charge One above. Specifically, Butler 

failed to file a Shipper’s Export 

Declaration for the export of the human 

pathogen Yersinia pestis (Plague). He 

did this to disguise the fact that the 

export required a license. 

Whereas, BIS and Butler have entered 

into a Settlement Agreement pursuant to 

Section 766.18(a) of the Regulations 

whereby they agreed to settle this matter 

in accordance with the terms and 

conditions set forth therein, and 

Whereas, I have approved the terms of 

such Settlement Agreement; It is 

therefore ordered: 

First, that a civil penalty of $37,400 is 

assessed against Butler, which shall be 

paid to the U.S. Department of 

Commerce no later than 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. §§ 3701–3702E (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, 

Butler will be assessed, in addition to 


rwilkins on PROD1PC63 with NOTICES
54266 Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices 

the full amount of the civil penalty and 

interest, a penalty charge and an 

administrative charge, as more fully 

described in the attached Notice. 

Third, that the timely payment of the 

civil penalty set forth above is hereby 

made a condition to the granting, 

restoration, or continuing validity of any 

export license, License Exception, 

permission, or privilege granted, or to be 

granted, to Butler. Accordingly, if Butler 

should fail to pay the civil penalty in a 

timely manner, the undersigned may 

enter an Order denying all of Butler’s 

export privileges under the Regulations 

for a period of one year from the date 

of entry of this Order. 

Fourth, that for a period of 10 years 

from the date of entry of this Order, 

Thomas Campbell Butler, 4611 10th 

Street, Lubbock, Texas 79416, and, 

when acting on his behalf, his 

representatives, agents, or employees 

(‘‘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. Benefiting 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. 

Fifth, 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 

United 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 which is owned, 

possessed or controlled by the Denied 

Person, or service any item, or 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. 

Sixth, that, after notice and 

opportunity for comment as provided in 

Section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organization related to Butler by 

affiliation, worship, control, or position 

of responsibility in the conduct of trade 

or related services may also be made 

subject to the provisions of the Order. 

Seventh, 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. 

Eighth, that the proposed charging 

letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

Ninth, that this Order shall be served 

on the Denied Person and on BIS, and 

shall be published in Federal Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Entered this 1st day of September 2006. 

Darryl W. Jackson, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 06–7622 Filed 9–13–06; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–549–502) 

Circular Welded Carbon Steel Pipes 

and Tubes from Thailand: Notice of 

Final Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 7, 2006, the 

Department of Commerce (the 

Department) published the preliminary 

results of administrative review of the 

antidumping duty order on circular 

welded carbon steel pipes and tubes 

from Thailand in the Federal Register. 

See Circular Welded Steel Pipes and 

Tubes from Thailand: Preliminary 

Results of Antidumping Duty 

Administrative Review, 71 FR 17810 

(April 7, 2006) (Preliminary Results). 

The review covers one producer of the 

subject merchandise. The period of 

review is March 1, 2004 through 

February 28, 2005. Based on our 

analysis of the comments received, we 

have made changes to the preliminary 

results, which are discussed in the 

‘‘Changes Since the Preliminary 

Results’’ section below. For the final 

dumping margins, see the ‘‘Final Results 

of Review’’ section below. 

EFFECTIVE DATE: September 14, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Arrowsmith or Dana 

Mermelstein, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street & Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–5255 or (202) 482–1391, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 7, 2006, the Department 

published the Preliminary Results. In 

the Preliminary Results, we stated our 

intention to request further information 

from Saha Thai to allow Saha Thai the 

opportunity to demonstrate that there 

are two distinct levels of trade in the 

home market. On April 21, 2006, we 

issued a supplemental questionnaire for 

this purpose to Saha Thai and its 

affiliated resellers. Saha Thai submitted 

its response on May 8, 2006. 

We invited parties to comment on the 

Preliminary Results. On May 18, 2006, 

we provided specific deadlines. On June 

1, 2006, we received a case brief from 

the sole respondent, Saha Thai Steel 

Pipe Company, Ltd. (Saha Thai) and 


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