8966 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 

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 forprofit 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. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 8967 

1The 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. 

2From 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. 

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. 

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. 


sroberts on PROD1PC70 with NOTICES