This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

21168

Vol. 65, No. 77

Thursday, April 20, 2000

DEPARTMENT OF COMMERCE

[Docket No. 991208326–9326–01]

RIN 0605–XX06

Privacy Act of 1974; Altered System of

Records

AGENCY: Department of Commerce.

ACTION: Notice of amendment of Privacy

Act System of Records: Commerce

System 14.

SUMMARY: In accordance with the

Privacy Act (5 U.S.C. 552a(e) (4) and

(11), the Department of Commerce is

issuing notice of our intent to amend the

system of records entitled Commerce

Department System 14, ‘‘Litigation,

Claims, and Administrative Proceeding

Records,’’ to add to this system records

compiled in conjunction with a newly

established complaint procedure for

sexual orientation discrimination

claims. We invite public comment on

the proposed change in this publication.

DATES: Effective Date: The amendments

will become effective May 22, 2000.

Comment Date: Written comments

must be submitted on or before May 22,

2000.

ADDRESSES: Comments may be mailed to

Kathryn E. Hawker, Chief, Compliance

Division, Office of Civil Rights, U.S.

Department of Commerce, Room 7840,

14th & Constitution Avenue, NW,

Washington, DC 20230, 202–482–4993.

SUPPLEMENTARY INFORMATION: The

amendment adds to this system files

containing records of claims filed under

a new complaint procedure for sexual

orientation discrimination claims that

will be established by Department

Administrative Order. This complaint

process is being established to

implement Executive Order 11478, as

amended by Executive Order 12106, and

as further amended by Executive Order

13087 (collectively, the Executive

Order). This Executive Order prohibits

employment discrimination based on

sexual orientation in Federal

employment and provides that ‘‘this

policy of equal opportunity applies to

and must be an integral part of every

aspect of personnel policy and practices

in the employment, development,

advancement, and treatment of civilian

employees of the Federal government, to

the extent permitted by law.’’ The new

complaint process provides a

mechanism for ensuring that the

requirements of the Executive Order are

being met throughout the Department.

The Department’s sexual orientation

process is modeled on the Equal

Employment Opportunity (EEO)

complaint process. Employees and

applicants who believe they have been

subject to discrimination based on

sexual orientation or related retaliation

must first contact an EEO Counselor,

who attempts to resolve the issues

informally. If the issues are not resolved

through counseling, the complainant

may file a formal complaint of

discrimination with the Department’s

Office of Civil Rights, which

investigates the issues. The Director,

Office of Civil Rights issues a final

decision on the merits. The

Department’s Alternative Dispute

Resolution Process may be used at any

time throughout the complaint process.

Final agency decisions may be appealed

to the Department’s Chief Financial

Officer/Assistant Secretary for

Administration.

Classification

This notice is not subject to the notice

and comment requirements of the

Administrative Procedure Act. 5 U.S.C.

553(a)(2).

This notice is exempt from review

under Executive Order 12866.

Brenda Dolan,

Departmental Freedom of Information Act

and Privacy Act Officer.

Accordingly, the Litigation, Claims,

and Administrative Proceeding Records

system notice originally published at 46

FR 63517, December 31, 1981, is

amended by the addition of the

following information and updates:

COMMERCE/DEPT–14

SYSTEM NAME:

Litigation, Claims, and Administrative

Proceeding Records.

SYSTEM LOCATION:

Insert before current paragraph i:

‘‘For matters involving the

Department’s Sexual Orientation

Discrimination Complaint Process: Files

containing informal complaint records

are maintained by the Bureau EEO

Officer. Files containing records of

formal complaints are maintained in the

Departmental Office of Civil Rights, U.S.

Department of Commerce, 14th Street

and Constitution Avenue, NW, Room

6010, Washington, DC 20230.

Change current paragraph i. to

paragraph j.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: *

CATEGORIES OF RECORDS IN THE SYSTEM: *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Add after ‘‘E.O. 10450;’: ‘‘E.O. 11478’’,

as amended.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES:

The names, social security numbers,

home address and salary may be

disclosed to the appropriate federal,

state, or local agency responsible for

investigating, prosecuting, enforcing, or

implementing a statute, rule, regulation,

or order, where the disclosing agency

becomes aware of an indication of a

violation or potential violation of civil

or criminal law or regulation; to a

congressional office from the record of

an individual in response to an inquiry

from that congressional office made at

the request of that individual; to an

authorized appeal grievance examiner,

formal complaints examiner,

administrative judge, equal employment

opportunity investigator, arbitrator or

other duly authorized official engaged

in investigation or settlement of a

grievance, complaint or appeal filed by

an employee; in response to a request

for discovery or for appearance of a

witness, information that is relevant to

the subject matter involved in a pending

judicial or administrative proceeding.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Add after ‘‘Paper records in file

folders’’: ‘‘and electronic records in

computer files.

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Notices 21169

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)), August 13, 1997

(3 CFR, 1997 Comp. 306 (1998)), August 13, 1998

(3 CFR, 1998 Comp. 294 (1999)), and August 10,

1999 (64 Fed. Reg. 44101, August 13, 1999),

continued the Regulations in effect under the

International Emergency Economic Powers Act

(currently codified at 50 U.S.C.A. §§ 1701–1706

(1991 & Supp. 1999)).

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.

RETRIEVABILITY:

Add after ‘‘Files alphabetically by

name’’: ‘‘or numerically by complaint

number.

SAFEGUARDS:

After first sentence, add: ‘‘Access to

electronic files is limited to those whose

official duties require access.’’

RETENTION AND DISPOSAL: *

SYSTEM MANAGER(S) AND ADDRESS:

Add before last paragraph:

‘‘For records at location i.: Chief,

Compliance Division, Office of Civil

Rights, U.S. Department of Commerce,

Washington, DC 20230.’’

Change last paragraph as follows:

Strike ‘‘e, f and i.:’’ and replace with ‘‘e,

f, and j.:’’

NOTIFICATION PROCEDURE:

Strike ‘‘For records at location i.:’’ and

replace with ‘‘For records at location j.:’’

Prior to the above sentence, add:

For records at location i.: Information

may be obtained from: Chief,

Compliance Division, Office of Civil

Rights, U.S. Department of Commerce,

Washington, DC 20230.’’

RECORDS ACCESS PROCEDURES: *

CONTESTING RECORD PROCEDURES: *

RECORD SOURCE CATEGORIES: *

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: *

* No changes are being made.

[FR Doc. 00–9931 Filed 4–19–00; 8:45 am]

BILLING CODE 3510–BP–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

Thane-Coat, Inc., Jerry Vernon Ford

and Preston John Engebretson

In the matters of: Thane-Coat, Inc., 12725

Royal Drive, Stafford, Texas 77477, Jerry

Vernon Ford, President, Thane-Coat, Inc.,

12725 Royal Drive, Stafford, Texas 77477 and

with an address at 7707 Augustine Drive,

Houston, Texas 77036, and Preston John

Engebretson, Vice-President, Thane-Coat,

Inc., 12725 Royal Drive, Stafford, Texas

77477 and with an address at 8903

Bonhomme Road, Houston, Texas 77074,

Respondents.

Decision and Order on Renewal of

Temporary Denial Order

On October 13, 1999, I issued a

Decision and Order on Renewal of

Temporary Denial Order (hereinafter

‘‘Order’’ or ‘‘TDO’’), renewing for 180

days, in a ‘‘non-standard’’ format, a May

5, 1997 Order naming, inter alia, ThaneCoat, Inc.; Jerry Vernon Ford, president,

Thane-Coat, Inc.; and Preston John

Engebretson, vice-president, ThaneCoat, Inc. (hereinafter referred to

collectively as the ‘‘Respondents’’), as

persons temporarily denied all U.S.

export privileges. 64 FR 56483–56485

(October 30, 1999). Unless renewed, the

Order will expire on April 10, 2000.

On March 20, 2000, pursuant to

Section 766.24 of the Export

Administration Regulations (currently

codified at 15 CFR Parts 730–774

(1999)) (hereinafter the ‘‘Regulations’’),

issued pursuant to the Export

Administration Act of 1979, as amended

(50 U.S.C.A. app. §§ 2401–2420 (1991 &

Supp. 1999)) (hereinafter the ‘‘Act’’),1

the Office of Export Enforcement,

Bureau of Export Administration,

United States Department of Commerce

(hereinafter ‘‘BXA’’), requested that I

renew the Order against Thane-Coat,

Inc., Jerry Vernon Ford, and Preston

John Engebretson for 180 days in a nonstandard format, consistent with the

terms agreed to by and between the

parties in April 1998.

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, TIC 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

companies 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 companies 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. In

that regard, in April 1998, BXA and the

Respondents reached an agreement,

whereby BXA sought a renewal of the

TDO in a ‘‘non-standard’’ format,

denying all of the Respondents’ U.S.

export privileges to the United

Kingdom, the Bahamas, Libya, Cuba,

Iraq, North Korea, Iran, and any other

country or countries that may be made

subject in the future to a general trade

embargo by proper legal authority. In

return, the Respondents agreed that,

among other conditions, at least 14 days

in advance of any export that any of the

Respondents intends to make of any

item from the United States to any

destination world-wide, the

Respondents will provide to BXA’s

Dallas Field Office (i) notice of the

intended export, (ii) copies of all

documents reasonably related to the

subject transaction, including, but not

limited to, the commercial invoice and

bill of lading, and (iii) the opportunity,

during the 14-day notice period, to

inspect physically the item at issue to

ensure that the intended shipment is in

compliance with the Export

Administration Act, the Export

Administration Regulations, or any

order issued thereunder. BXA has

sought renewal of the TDO in a ‘‘nonstandard’’ format; respondents have not

opposed renewal of the TDO in the

‘‘non-standard’’ format.

Based on BXA’s showing, I find that

it is appropriate to renew the order

temporarily denying the export

privileges to Thane-Coat, Inc., Jerry

Vernon Ford, and Preston John

Engebretson in a ‘‘non-standard’’ format,

incorporating the terms agreed to by and

between the parties in April 1998. 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 subject to the Regulations

and exported or to be exported to the

United Kingdom, the Bahamas, Libya,

Cuba, Iraq, North Korea, Iran, and any

other country or countries that may be