30162 Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Notices

1The Act expired on August 20, 1994. Executive

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

which had been extended by successive

Presidential Notices, the most recent being that of

August 3, 2000 (65 FR 48347, August 8, 2000),

continued the Regulations in effect under the

International Emergency Economic Powers Act (50

U.S.C.A. 1701–1706 (1991 & Supp. 2000)) until

November 13, 2000, when the Act was

reauthorized. See Pub. L. 106–508.

2The parties have stipulated that this was the

date of service.

generic, industry-average building

products, NIST has been asked by both

EPA and BEES users to deliver more

precision and practicality by adding

data for manufacturer-specific products.

The rationale is that purchasers buy

actual products, not industry-averages

(there is no such thing), and that actual

products likely perform quite differently

than their industry averages. The

program encouraging collaboration with

building product manufacturers so that

their products may be scientifically

evaluated by BEES is known as BEES

Please.

BEES directly supports Executive

Order 13101 (9/98), ‘‘Greening the

Government Through Waste Prevention,

Recycling, and Federal Acquisition,’’

which encourages Federal agencies to

purchase environmentally-preferable

products. EO 13101 is administered by

the U.S. EPA Environmentally

Preferable Purchasing Program. In their

Congressionally-mandated Final

Guidance, which was published in the

Federal Register (available at http://

www.epa.gov/opptintr/epp/

finalguidancetoc.htm), BEES is listed as

one of only two life-cycle based

resources that Federal agency personnel

may find useful in implementing

environmentally preferable purchasing.

NIST needs information from building

product manufacturers so that Federal

personnel may consider their products

in their environmentally-preferable

purchase decisions.

Affected Public: Business and other

for-profit organizations.

Frequency: Once.

Respondent’s Obligation: Required to

obtain or retain benefits.

OMB Desk Officer: David Rostker,

(202) 395–3897.

Copies of the above information

collection proposal can be obtained by

calling or writing Madeleine Clayton,

Departmental Paperwork Clearance

Officer, (202) 482–3129, Department of

Commerce, Room 6086, 14th and

Constitution Avenue, NW., Washington,

DC 20230 (or via the Internet at

Mclayton@doc.gov).

Written comments and

recommendations for the proposed

information collection should be sent

within 30 days of publication of this

notice to David Rostker, OMB Desk

Officer, Room 10202, New Executive

Office Building, Washington, DC 20503.

Dated: May 31, 2001.

Madeleine Clayton,

Departmental Paperwork Clearance Officer,

Office of the Chief Information Officer.

[FR Doc. 01–14117 Filed 6–4–01; 8:45 am]

BILLING CODE 3510–13–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

[Docket No. 00–BXA–10]

Miguel Angel Fajardo Individually and

Doing Business as Seguridad y

Electronic MAFO, S.A., Respondent;

Decision and Order

The Administrative Law Judge has

entered a Recommended Decision and

Order in the above-captioned matter. As

provided by section 766.22(c) of the

Export Administration Regulations (15

CFR parts 730–774 (2000) (the

‘‘Regulations’’)), issued pursuant to the

Export Administration Act of 1979, as

amended (50 U.S.C.A. app. 2401–2420

(1991 & Supp. 2000)) (the ‘‘Act’’, 1 the

Recommended Decision and Order has

been referred to me for final action. On

December 18, 2000, the Office of Export

Enforcement, Bureau of Export

Administration, United States

Department of Commerce (hereinafter

‘‘BXA’’), issued a charging letter

initiating this administrative proceeding

against Miguel Angel Fajardo,

individually and doing business as

Seguridad y Electronic MAFO, S.A.

(hereinafter referred to collectively as

‘‘Fajardo’’). The charging letter alleged

that Fajardo committed three violations

of the Regulations.

Specifically, the charging letter

alleged that on or about June 19, 1997,

Fajardo exported shotguns from the

Untied States to Honduras without

obtaining from BXA the validated

export license that Fajardo knew or had

reason to know was required by section

742.7 of the Regulations. BXA alleged

that, by transferring, transporting, or

forwarding U.S.-origin commodities to

be exported from the United States with

Knowledge or reason to know that a

violation of the Act or any regulation,

order, or license issued thereunder has

occurred, is about to occur, or is

intended to occur, Fajardo violated

section 764.2(e) of the Regulations. BXA

also alleged that, by exporting a

commodity to any person or destination

or for any use in violation of or contrary

to the terms, provisions, or conditions of

the Act, or any regulation, order, or

license issued thereunder, Fajardo

violated section 764.2(a) of the

Regulations.

The charging letter further alleged

that, in connection with the export

made on or about June 19, 1997, Fajardo

prepared an air waybill, defined as an

export control document in Part 772 of

the Regulations, falsely representing

that the goods being shipped had no

value. BXA alleged that, by making false

or misleading representations,

statements, or certifications directly or

indirectly to a U.S. Government agency

in connection with the preparation,

submission, issuance, use, or

maintenance of an export control

document, Fajardo violated Section

764.2(g) of the Regulations.

The charging letter was served on

Fajardo on January 31, 2001.2 Fajardo’s

answer therefore was due on or before

March 2, 2001. On February 28, 2001,

pursuant to section 766.16 of the

Regulations, the parties filed a

Stipulated Extension of Time to Answer

Charging Letter. On March 5, 2001, the

Administrative Law Judge (‘‘ALJ’’)

issued an order granting an extension of

time to answer the charging letter to

March 23, 2001.

Fajardo failed to answer the charging

letter before March 23, 2001, as required

by section 766.6 of the Regulations.

Pursuant to the default procedures set

forth in section 766.7 of the Regulations,

BXA moved that the ALJ find the facts

to be as alleged in the charging letter

and render a Recommended Decision

and Order.

Following BXA’s motion, the ALJ

issued a Recommended Decision and

Order in which he found the facts to be

as alleged in the charging letter served

on Fajardo. The ALJ also found, based

on those facts, that Fajardo violated

sections 764.2(a), 764.2(e), and 764.2(g)

of the Regulations by exporting

shotguns to Honduras without the

authorization Fajardo knew or had

reason to know was required by the

Regulations, and by making false or

misleading statements of material fact to

a U.S. Government agency in

connection with the preparation,

submission, issuance, use, or

maintenance of an export control

document.

The ALJ also recommended that the

appropriate penalty to be imposed

against Fajardo for these violations is a

civil penalty of $30,000 and a denial, for

a period of 20 years, of all of Fajardo’s

privileges of participating, directly or

indirectly, in any manner or capacity, in

any transaction in the United States or

abroad involving commodities,

software, or technology exported or to

Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Notices 30163

be exported from the United States and

subject to the Regulations.

Based on my review of the entire

record, I affirm the findings of fact and

conclusions of law in the Recommended

Decision and Order of the

Administrative Law Judge.

Accordingly, It Is Therefore Ordered,

First, that a civil penalty of $30,000 is

assessed against Fajardo, which shall be

paid to the Department of Commerce

within 30 days of 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.A. 3701–3720E (1983 and Supp.

1999)), 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, respondent will be

assessed, in addition to interest, a

penalty charge and an administrative

charge, as more fully described in the

attached Notice.

Third, that, for a period of 20 years

from the date of entry of this Order,

Miguel Angel Fajardo, individually and

doing business as Seguridad y

Electronica MAFO, S.A. with an address

at 4 Calle, 15 y 16 Ave., S.O. Barrio

Suyapa #105, 58–0081 San Pedro Sula,

Honduras, Central America, and all

successors or assigns, officers,

representatives, agents, and employees,

may not participate, directly or

indirectly, 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.

Fourth, that 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.

Fifth, that, after notice and

opportunity for comment as provided in

Section 766.223 of the Regulations, any

person, firm, corporation, or business

organization related to Fajardo 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.

Sixth, 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.

Seventh, that a copy of this Order

shall be served on Fajardo and on BXA,

and shall be published in the Federal

Register.

This Order, which constitutes the

final agency action in this matter, is

effective immediately.

Dated: May 29, 2001.

Kenneth I. Juster,

Under Secretary for Export Administration.

[FR Doc. 01–13990 Filed 6–4–01; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

International Trade Administration

Closed Meeting of the U.S. Automotive

Parts Advisory Committee (APAC)

AGENCY: International Trade

Administration, Commerce.

ACTION: Announcement of meeting.

SUMMARY: The APAC will have a closed

meeting on June 19, 2001 at the U.S.

Department of Commerce to discuss

U.S.-made automotive parts sales in

Japanese and other Asian markets.

DATES: June 19, 2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Robert Reck, U.S. Department of

Commerce, Room 4036, Washington, DC

20230, telephone: 202–482–1418.

SUPPLEMENTARY INFORMATION: The U.S.

Automotive Parts Advisory Committee

(the ‘‘Committee’’) advises U.S.

Government officials on matters relating

to the implementation of the Fair Trade

in Automotive Parts Act of 1998 (Pub.

L. 105–261). The Committee: (1) Reports

to the Secretary of Commerce on

barriers to sales of U.S.-made

automotive parts and accessories in

Japanese and other Asian markets; (2)

reviews and considers data collected on

sales of U.S.-made auto parts and

accessories in Japanese and other Asian

markets; (3) advises the Secretary of

Commerce during consultations with

other Governments on issues concerning

sales of U.S.-made automotive parts in

Japanese and other Asian markets; and

(4) assists in establishing priorities for

the initiative to increase sales of U.S.-

made auto parts and accessories to

Japanese markets, and otherwise

provide assistance and direction to the

Secretary of Commerce in carrying out

the intent of that section; and (5) assists

the Secretary of Commerce in reporting

to Congress by submitting an annual

written report to the Secretary on the

sale of U.S.-made automotive parts in

Japanese and other Asian markets, as

well as any other issues with respect to

which the Committee provides advice

pursuant to its authorizing legislation.

At the meeting, committee members

will discuss specific trade and sales

expansion programs related to

automotive parts trade policy between

the United States and Japan and other

Asian markets.