Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 / Notices 25199

1The Act expired on August 20, 1994. Executive

Order 12924 (3 C.F.R., 1994 Comp. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 C.F.R., 1995 Comp. 501 (1996)), August 14, 1996

(3 C.F.R., 1996 Comp. 298 (1997)), and August 13,

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

Regulations in effect under the International

Emergency Economic Powers Act (currently

codified at 50 U.S.C.A. 1701–1706 (1991 & Supp.

1998)).

2BXA understands that the ultimate goal of this

project is to bring fresh water from wells drilled in

southeast and southwest Libya through prestressed

concrete cylinder pipe to the coastal cities of Libya.

This multibillion dollar, multiphase engineering

endeavor is being performed by the Dong Ah

Construction Company of Seoul, South Korea.

3On April 17, 1998, BXA requested that the

Assistant Secretary for Export Enforcement renew

the October 31, 1997 TDO against Thane-Coat, Inc.,

Jerry Vernon Ford, and Preston John Engebretson.

SUPPLEMENTARY INFORMATION: Based on

the results of a special census

conducted April 1, 1995, the Bureau of

the Census designated Flagstaff,

Arizona, as an urbanized area effective

March 13, 1996. The major geographic

components of the urbanized area and

the population and land area of each

appear below:

Urbanized area Population

Land area

Sq. miles Sq. kilometers

Flagstaff, AZ ............................................................................................................... 53,355 26.23 67.94

In Central Place .......................................................................................................... 52,507 25.60 66.32

Flagstaff City (pt.), AZ ................................................................................................ 52,507 25.60 66.32

Urban Fringe .............................................................................................................. 848 0.63 1.62

Coconino County (pt.) ................................................................................................ 848 0.63 1.62

Coconino Division (pt.) ............................................................................................... 848 0.63 1.62

Since 1986, the Census Bureau has

allowed the delineation of new

urbanized areas based on a special

census taken in the intercensal period.

The Census Bureau delineates

urbanized areas every 10 years as part

of the decennial census of population

and housing or following a special

census.

Dated: April 27, 1998.

James F. Holmes,

Acting Director, Bureau of the Census.

[FR Doc. 98–12132 Filed 5–6–98; 8:45 am]

BILLING CODE 3510–07–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

Export Materials, Inc. and Thane-Coat

International, Ltd.; Decision and Order

on Renewal of Temporary Denial Order

In the matters of: Export Materials, Inc.,

3727 Greenbrier Drive, No. 108, Stafford,

Texas 77477, and Thane-Coat International,

Ltd., Suite C, Regent Centre, Explorers Way,

P.O. Box F–40775, Freeport, The Bahamas,

Respondents.

On October 31, 1997, Acting Assistant

Secretary for Export Enforcement Frank

W. Deliberti issued a Decision and

Order on Renewal of Temporary Denial

Order (hereinafter ‘‘Order’’ or ‘‘TDO’’),

renewing for 180 days a May 5, 1997

Order naming Thane-Coat, Inc.; Jerry

Vernon Ford, president, Thane-Coat,

Inc.; Preston John Engebretson, vicepresident, Thane-Coat, Inc.; Export

Materials, Inc.; and Thane-Coat

International, Ltd. (Export Materials,

Inc. And Thane-Coat, International, Ltd.

hereinafter collectively referred to as the

‘‘Respondents’’ and Thane-Coat, Inc.,

Ford, and Engebretson, the ‘‘affiliated

parties’’), as persons temporarily denied

all U.S. export privileges. 62 FR 60063–

60065 (November 6, 1997). The Order

will expire on April 29, 1998.

On April 9, 1998, pursuant to Section

766.24 of the Export Administration

Regulations (15 C.F.R. Parts 730–774

(1997)) (hereinafter the ‘‘Regulations’’),

issued pursuant to the Export

Administration Act of 1979, as amended

(50 U.S.C.A. app. sections 2401–2420

(1991 & Supp. 1998)) (hereinafter the

‘‘Act’’),1 the Office of Export

Enforcement, Bureau of Export

Administration, United States

Department of Commerce (hereinafter

‘‘BXA’’), requested that the Assistant

Secretary for Export Enforcement renew

the Order against Thane-Coat

International, Inc. and Export Materials,

Inc. for an additional 180 days.

In its request, BXA stated that, as a

result of an ongoing investigation, it had

reason to believe that, during the period

from approximately June 1994 through

approximately July 1996, Thane-Coat,

Inc., through Ford and Engebretson, and

using its affiliated companies, ThaneCoat International, Ltd. and Export

Materials, Inc., made approximately 100

shipments of U.S.-origin pipe coating

materials, machines, and parts to the

Dong Ah Consortium in Benghazi,

Libya. These items were for use in

coating the internal surface of

prestressed concrete cylinder pipe for

the Government of Libya’s Great ManMade River Project.2 Moreover, BXA’s

investigation gave it reason to believe

that the Respondents and the affiliated

parties employed a scheme to export

U.S.-origin products from the United

States, through the United Kingdom, to

Libya, a country subject to a

comprehensive economic sanctions

program, without the authorizations

required under U.S. law, including the

Regulations. The approximate value of

the 100 shipments at issue was $35

million. In addition, the Respondents

and the affiliated parties undertook

several significant and affirmative

actions in connection with the

solicitation of business on another

phase of the Great Man-Made River

Project.

BXA has stated that it believes that

the matters under investigation and the

information obtained to date in that

investigation support renewal of the

TDO issued against the Respondents.3

BXA believes that a temporary denial

order is necessary to give notice to

companies in the United States and

abroad that they should cease dealing

with Thane-Coat International, Inc. and

Export Materials, Inc. in export-related

transactions involving U.S.-origin

goods.

Based on BXA’s showing, I find that

it is appropriate to renew the order

temporarily denying all U.S. export

privileges of Thane-Coat International,

Ltd. and Export Materials, Inc. I find

that such renewal is necessary in the

public interest to prevent an imminent

violation of the Regulations and to give

notice to companies in the United States

and abroad to cease dealing with these

persons in any commodity, software, or

technology exported or to be exported

from the United States and subject to

the Export Administration Regulations,

or in any other activity subject to the

Regulations. Moreover, I find such

renewal is in the public interest in order

to reduce the substantial likelihood that

Thane-Coat International, Inc. and

Export Materials, Inc. will engage in

activities which are in violation of the

Regulations.

Accordingly, it is therefore ordered:

First, that Thane-Coat International,

Ltd., and all of its successors or assigns,

officers, representatives, agents, and
25200 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 / Notices

employees when acting on its behalf,

and Export Materials, Inc., and all of its

successors or assigns, officers,

representatives, agents, and employees

when acting on its behalf (hereinafter

referred to collectively as the ‘‘denied

persons’’), 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.

Second, that no person may, directly

or indirectly, do any of the following:

A. Export or reexport to or on behalf

of any denied person any item subject

to the Regulations;

B. Take any action that facilitates the

acquisition, or attempted acquisition, by

any 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 any 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 any denied person of

any item subject to the Regulations that

has been exported from the United

States;

D. Obtain from any 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 any denied

person, or service any item, of whatever

origin, that is owned, possessed or

controlled by any 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.

Third, 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 any

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.

Fourth, 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.

This order, which constitutes final

agency action in this matter, is effective

immediately and shall remain in effect

for 180 days.

A copy of this Order shall be served

on each Respondent and this Order

shall be published in the Federal

Register.

Entered this 29th day of April, 1998.

F. Amanda, DeBusk,

Assistant Secretary for Export Enforcement.

Certificate of Service

I hereby certify that, on April 30,

1998, I caused the foregoing Decision

and Order on Renewal of Temporary

Denial Order to be mailed first-class,

postage prepaid to: Export Materials,

Inc., 3727 Greenbriar Drive, No. 108,

Stafford, Texas 77477.

I hereby certify that on April 30, 1998,

I caused the foregoing Decision and

Order on renewal of Temporary Denial

Order to be mailed registered mail,

return receipt requested to: Thane-Coat

International, Ltd., Suite C, Regent

Centre, Explores Way, P.O. Box F–

40775, Freeport, The Bahamas.

Lucinda G. Maruca,

Secretary, Office of the Assistant Secretary

for Export Enforcement.

[FR Doc. 98–12188 Filed 5–6–98; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Regulations and Procedures Technical

Advisory Committee; Notice of

Partially Closed Meeting

A meeting of the Regulations and

Procedures Technical Advisory

Committee (RPTAC) will be held May

27, 1998, 9:00 a.m., in the Herbert C.

Hoover Building, Room 3884, 14th

Street between Constitution and

Pennsylvania Avenues, NW,

Washington, DC. The Committee

advises the Office of the Assistant

Secretary for Export Administration on

implementation of the Export

Administration Regulations (EAR) and

provides for continuing review to

update the EAR as needed.

Agenda

Open Session

1. Opening remarks by the

Chairperson.

2. Presentation of papers or comments

by the public.

3. Discussion of the National Defense

Authorization Act computer control

regulation.

4. Discussion of the Wassenaar

Arrangement implementation

regulation.

5. Discussion on the encryption

regulation.

6. Update on the license process

review initiative.

7. Discussion on the ‘‘deemed export’’

rule.

8. Update on Foreign Trade Statistics

Regulations and Export Administration

Regulations conforming regulations for

export clearance requirements.

9. Reports from RPTAC working

groups.

Closed Session

10. Discussion of matter properly

classified under Executive Order 12958,

dealing with the U.S. export control

program and strategic criteria related

thereto.

The General Session of the meeting

will be open to the public and a limited

number of seats will be available. To the

extent that time permits, members of the

public may present oral statements to

the Committee. Written statements may

be submitted at any time before or after

the meeting. However, to facilitate the

distribution of public presentation

materials to the Committee members,

the Committee suggests that presenters

forward the public presentation

materials two weeks prior to the

meeting date to the following address:

Ms. Lee Ann Carpenter, OAS/EA/BXA