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
Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 / Notices 25201

MS: 3886C, 15th St. & Pennsylvania

Ave., N.W., U.S. Department of

Commerce, Washington, D.C. 20230.

The Assistant Secretary for

Administration, with the concurrence of

the delegate of the General Counsel,

formally determined on December 16,

1996, pursuant to Section 10(d) of the

Federal Advisory Committee Act, as

amended, that the series of meetings or

portions of meetings of the Committee

and of any Subcommittees thereof,

dealing with the classified materials

listed in 5 U.S.C. 552b(c)(1) shall be

exempt from the provisions relating to

public meetings found in section

10(a)(1) and 10(a)(3) of the Federal

Advisory Committee Act. The remaining

series of meetings or portions thereof

will be open to the public.

A copy of the Notice of Determination

to close meetings or portions of

meetings of the Committee is available

for public inspection and copying in the

Central Reference and Records

Inspection Facility, Room 6020, U.S.

Department of Commerce, Washington,

D.C. For further information, call Lee

Ann Carpenter at (202) 482–2582.

Dated: May 1, 1998.

Lee Ann Carpenter,

Director, Technical Advisory Committee Unit.

[FR Doc. 98–12122 Filed 5–6–98; 8:45 am]

BILLING CODE 3510–33–M

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade

Administration, Commerce.

ACTION: Notice of initiation of process to

revoke Export Trade Certificate of

Review No. 85–00014.

SUMMARY: The Secretary of Commerce

issued an export trade certificate of

review to Grays Harbor Exporting

Trading Company. Because this

certificate holder has failed to file an

annual report as required by law, the

Department is initiating proceedings to

revoke the certificate. This notice

summarizes the notification letter sent

Grays Harbor Exporting Trading

Company.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Acting Director,

Office of Export Trading Company

Affairs, International Trade

Administration, (202) 482–5131. This is

not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (‘‘the Act’’) (15 U.S.C. 4011–21)

authorizes the Secretary of Commerce to

issue export trade certificates of review.

The regulations implementing Title III

(‘‘the Regulations’’) are found at 15 CFR

part 325. Pursuant to this authority, a

certificate of review was issued on

December 20, 1985 to Grays Harbor

Exporting Trading Company.

A certificate holder is required by law

(section 308 of the Act, 15 U.S.C. 4018)

to submit to the Department of

Commerce annual reports that update

financial and other information relating

to business activities covered by its

certificate. The annual report is due

within 45 days after the anniversary

date of the issuance of the certificate of

review (§§ 325.14(a) and (b) of the

Regulations). Failure to submit a

complete annual report may be the basis

for revocation. (Sections 325.10(a) and

325.14(c) of the Regulations).

The Department of Commerce sent

multiple reminder letters and made

several telephone calls to Grays Harbor

Exporting Trading Company regarding

their failure to submit annual reports as

required. The Department has received

no written response to any of these

letters or telephone calls.

On May 1, 1998 and in accordance

with § 325.10(c)(1) of the regulations, a

letter was sent by certified mail to notify

Grays Harbor Exporting Trading

Company that the Department was

formally initiating the process to revoke

its certificate. The letter stated that this

action is being taken because of the

certificate holder’s failure to file an

annual report.

In accordance with § 325.10(c)(2) of

the regulations, each certificate holder

has 30 days from the day after its receipt

of the notification letter in which to

respond. The certificate holder is

deemed to have received this letter as of

the date on which this notice is

published in the Federal Register. For

good cause shown, the Department of

Commerce can, at its discretion, grant a

30-day extension for a response.

If the certificate holder decides to

respond, it must specifically address the

Department’s statement in the

notification letter that it has failed to file

an annual report. It should state in

detail why the facts, conduct, or

circumstances described in the

notification letter are not true, or if they

are, why they do not warrant revoking

the certificate.

If the certificate holder does not

respond within the specified period, it

will be considered an admission of the

statements contained in the notification

letter (§ 325.10(c)(2) of the regulations).

If the answer demonstrates that the

material facts are in dispute, the

Department of Commerce and the

Department of Justice shall, upon

request, meet informally with the

certificate holder. Either Department

may require the certificate holder to

provide the documents or information

that are necessary to support its

contentions (§ 325.10(c)(3) of the

regulations).

The Department shall publish a notice

in the Federal Register of the revocation

or modification or a decision not to

revoke or modify (§ 325.10(c)(4) of the

regulations). If there is a determination

to revoke a certificate, any person

aggrieved by such final decision may

appeal to an appropriate U.S. district

court within 30 days from the date on

which the Department’s final

determination is published in the

Federal Register §§ 325.10(c)(4) and

325.11 of the regulations).

Dated: May 1, 1998.

Morton Schnabel,

Acting Director, Office of Export Trading

Company Affairs.

[FR Doc. 98–12082 Filed 5–6–98; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Institute of Standards and

Technology

[Docket No. 980413093–8093–01]

Notice of Termination of Validation

Services for Federal Information

Processing Standards (FIPS)

AGENCY: National Institute of Standards

and Technology (NIST), Commerce.

ACTION: Notice; termination of

validation services.

SUMMARY: The NIST is terminating

validation services for the following

Federal Information Processing

Standards:

• FIPS 21–4, COBOL

• FIPS 69–1, Fortran

• FIPS 113, Computer Data

Authentication

• FIPS 171, Key Management Using

ANSI X9.17–1985.

The NIST announced on October 10,

1997, (62 FR 52976) that it would

terminate validation services for FIPS

21–4, COBOL, and FIPS 69–1, Fortran,

by September 30, 1998, or earlier if

private industry validation services

were established. Since such services

are now available, NIST is terminating

these validation services effective June

7, 1998.

NIST is also terminating validation

services for FIPS 113 and FIPS 171 on

June 7, 1998. Neither service has been

used over the past few years.

Verification of proper implementation