Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61269

Dated: November 6, 1997.

Robert Yoder,

Province Lead Staff.

[FR Doc. 97–30100 Filed 11–14–97; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Reporting and Recordkeeping

Requirements Under the Wassenaar

Arrangement

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 January 16, 1998.

ADDRESSES: Direct all written comments

to Linda Engelmeier, Departmental

Forms Clearance Officer, Department of

Commerce, Room 5327, 14th and

Constitution Avenue, NW, Washington,

DC 20230.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the information collection

instrument(s) and instructions should

be directed to Stephen Baker, Bureau of

Export Administration (BXA),

Department of Commerce, Room 6877,

14th and Constitution Avenue, NW,

Washington, DC 20230 (telephone no.

(202)482–3673).

SUPPLEMENTARY INFORMATION:

I. Abstract

The information required by this

collection is required biannually from

all exporters of certain items specified

in section 743.1 of the Export

Administration Regulations controlled

for national security reasons on the

Commerce Control List and exported

under certain License Exceptions.

A—Items controlled and decontrolled

by the list. With the publication of the

Wassenaar Arrangement’s Dual-Use List,

some items will be decontrolled for

national security reasons and new

controls will be placed on some items.

BXA estimates that we will receive

approximately 75 fewer applications

because of these decontrols. But, this

will be counteracted be approximately

45 new applications because of some

new items added to the list.

B—Reporting and recordkeeping on

license exceptions. Under the

Wassenaar Arrangement, the U.S.

Government must report twice a year to

the other members on aggregate usage of

81 export control entries. The aggregate

numbers are readily available from

BXA’s Export Control Automated

Support System (ECASS), except when

a licensing exception is used. It is very

difficult for BXA to determine usage of

licensing exceptions because the

exporter determines if the licensing

exception applies to a certain

commodity and then exports that

commodity if the licensing exception

applies. BXA receives no record of

licensing exception uses.

Because one or more of six licensing

exceptions could be used with the 81

export control entries subject to

Wassenaar Arrangement reporting, BXA

must require exporters to keep a record

of each time they use a licensing

exception for one of the 81 export

control entries (except for the

destinations identified in Country

Group A:1 of Supplement No. 1 to part

740 of the EAR) and submit this report

to BXA biannually in time for the U.S.

Government to make its report to the

Wassenaar members.

C—Removing license exception

availability. The Wassenaar

Arrangement’s Dual-Use List is

composed of three parts: the Basic List,

the Sensitive List and the Very Sensitive

List. The United States allows some

items on the Sensitive List to be shipped

to some destinations using a licensing

exception. The reporting and

recordkeeping requirements described

above will enable the United States to

keep watch over these items. Currently,

the United States also permits some

items on the Very Sensitive List to be

exported to some destinations using a

licence exception. Therefore, in

deference to our partners in the

Wassenaar Arrangement, the United

States is withdrawing the license

exception privilege for any item on the

Very Sensitive List. These items are

mainly for licensing exception TSR,

‘‘Technology and Software under

Restriction.’’

D—Removing license exceptions for

missile tech items. The rule

implementing the Wassenaar

Arrangement’s Dual-Use List removes

license exception availability for missile

technology controlled items. The

decision to remove license exception

availability was an interagency based

agreement, particularly consultations

with the Department of State.

II. Method of Collection

The information will be collected in

electronic and written form.

III. Data

OMB Number: 0694–0106.

Form Number: N/A.

Type of Review: Regular Submission.

Affected Public: Businesses and other

for-profit institutions, small businesses

or organizations.

Estimated Number of Respondents:

2,275.

Estimated Time Per Response: 12

minutes.

Estimated Total Annual Burden

Hours: 851 hours.

Estimated Total Annual Cost: $17,020

for respondents—no equipment or other

materials will need to be purchased to

comply with the requirement.

IV. Request for Comments

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the function 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: November 10, 1997.

Linda Engelmeier,

Departmental Forms Clearance Officer, Office

of Management and Organization.

[FR Doc. 97–30093 Filed 11–14–97; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

William F. McNeil

In the Matter of: William F. McNeil, #5

Woodland Road, Pittsfield, Massachusetts

01201.

Order Denying Permission To Apply for

or Use Export License

On August 8, 1996, William F. McNeil

(McNeil) was convicted in the United
61270 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

1The Act expired on August 20, 1994. Executive

Order 12924 (3 CFR, 1994 Comp. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 CFR, 1995 Comp. 501 (1996)), August 14, 1996

(3 CFR, 1996 Comp. 298 (1997)) and August 13,

1997 (62 FR 43629, August 15, 1997) continued the

Export Administration Regulations in effect under

IEEPA.

2Pursuant to appropriate delegations of authority,

the Director, Office of Exporter Services, in

consultation with the Director, Office of Export

Enforcement, exercises the authority granted to the

Secretary of Section 11(h) of the Act.

States District Court for the District of

Columbia of violating the International

Emergency Economic Powers Act (50

U.S.C.A. 1701–1706 (1991 & Supp.

1997)) (IEEPA). McNeil was convicted

of knowingly and willfully exporting,

and causing to be exported, United

States-origin electronic riot shields from

the United States to Romania, without

applying for and obtaining from the

Department of Commerce the required

authorization.

Section 11(h) of the Export

Administration Act of 1979, as amended

(50 U.S.C.A. app. 2401–2420 (1991 &

Supp. 1997)) (the Act),1 provides that, at

the discretion of the Secretary of

Commerce,2 no person convicted of

violating IEEPA, or certain other

provisions of the United States Code,

shall be eligible to apply for or use any

license, including any License

Exception, issued pursuant to, or

provided by, the Act or the Export

Administration Regulations (currently

codified at 15 CFR Parts 730–774

(1997)) (the Regulations), for a period of

up to 10 years from the date of the

conviction. In addition, any license

issued pursuant to the Act in which

such a person had any interest at the

time of conviction may be revoked.

Pursuant to Sections 766.25 and

750.8(a) of the Regulations, upon

notification that a person has been

convicted of violating IEEPA, the

Director, Office of Exporter Services, in

consultation with the Director, Office of

Export Enforcement, shall determine

whether to deny that person permission

to apply for or use any license,

including any License Exception, issued

pursuant to, or provided by, the Act and

the Regulations, and shall also

determine whether to revoke any license

previously issued to such a person.

Having received notice of McNeil’s

conviction for violating IEEPA and

following consultations with the Acting

Director, Office of Export Enforcement,

I have decided to deny McNeil

permission to apply for or use any

license, including any License

Exception, issued pursuant to, or

provide by, the Act and the Regulations,

for a period of five years the date of his

conviction. The denial period ends on

August 8, 2001. I have also decided to

revoke all licenses issued pursuant to

the Act in which McNeil had an interest

at the time of his conviction.

Accordingly, it is hereby ordered

I. Until August 8, 2001, William F.

McNeil, #5 Woodland Road, Pittsfield,

Massachusetts 01201, 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.

II. 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 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.

III. After notice and opportunity for

comment as provided in Section 766.23

of the Regulations, any person, firm,

corporation, or business organization

related to McNeil by affiliation,

ownership, control, or position of

responsibility in the conduct of trade or

related services may also be subject to

the provisions of this Order.

IV. 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 foreignproducted direct product of U.S.-origin

technology.

V. This Order is effective immediately

and shall remain in effect until August

8, 2001.

VI. A copy of this Order shall be

delivered to McNeil. This Order shall be

published in the Federal Register.

Dated: November 3, 1997.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 97–30063 Filed 11–14–97; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–056]

Melamine From Japan; Notice of

Termination of Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of

antidumping duty administrative

review.

SUMMARY: In response to a request by an

importer, Taiyo America, Inc., the

Department of Commerce initiated an

administrative review of the

antidumpting duty finding on melamine

from Japan for the period of review,

February 1, 1996, through January 31,

1997. The importer’s request covered

two producers/exporters of subject

merchandise. Because no other

interested party requested a review, this

review has now been terminated as a