Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices 69733 

1The violations charged occurred in 2000. The 

Regulations governing the violations at issue are 

found in the 2000 version of the Code of Federal 

Regulations (15 CFR Parts 730–774 (2000)). The 

2005 Regulations establish the procedures that 

apply to this matter. 

2From August 21, 1994 through November 12, 

2000, the Act was in lapse. During that period, the 

President, through Executive Order 12924, which 

had been extended by successive Presidential 

Notices, the last of which was August 3, 2000 (3 

CFR 2000 Comp. 397 (2001)), continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701–

1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the 

Act was reauthorized and it remained in effect 

through August 20, 2001. Since August 21, 2001, 

the Act has been in lapse and the President, through 

Executive Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp. 783 (2002)), as extended by the Notice 

of August 2, 2005 (70 FR 45273, August 5, 2005), 

has continued the Regulations in effect under 

IEEPA. 

Proposed Action 

The proposed action will result in 

reducing seepage from the lateral 

ditches and increasing the irrigation 

efficiency to reduce deep percolation on 

2,800 acres. 

This action will consist of piping or 

concrete lining 45,000 linear feet of 

earthen irrigation ditches. On-farm 

irrigation improvements would consist 

of improved surface application systems 

and sprinkler irrigation. 

The estimated total construction cost 

for the pipeline and sprinkler systems is 

$3,546,000. The total estimated project 

cost is $4,964,400. It is recommended 

that the federal cost-share used to 

implement the plan not be greater than 

75 percent. A cost effectiveness analysis 

was used to determine the annual cost 

per ton of salt reduction. 

Basic Conclusions 

The conservation treatment associated 

with the proposed action will not 

change the air quality or potable water 

quality of the area. The project will not 

create any new hazards to the 

transportation network within the 

effected project area. For these reasons 

it is felt that the public health and safety 

conditions of the effected area will not 

be significantly impacted. 

There are no known unique 

geographic features in the project area 

that could be impacted by the proposed 

action. 

During the inter-agency review 

process of the project plan no highly 

controversial effects were identified. 

Past experience with similar projects 

in the area provide a high degree of 

confidence in the predicted impacts of 

the proposed actions. 

This project is not unusual in nature 

and is quite similar to a project 

currently being implemented in Mesa 

County. For this reason we feel 

confident that no precedents are being 

set with this project. 

No significant individual or 

cumulative effects to the human 

environment are expected when 

considering the context and intensity of 

the proposed action. 

Our project investigations did not 

identify any cultural resource sites 

currently listed on the National List of 

Historic Places. In light of this, the 

proposed action will not impact any 

such sites. 

Threatened and endangered species 

habitats do exist within the project 

boundaries. The proposed treatment 

will not change the extent or 

composition of this habitat therefore no 

impact is anticipated. 

Communications with State and 

Federal natural resource management 

agencies did not reveal any violations of 

any laws, including the National 

Environmental Policy Act. 

Many of the wetlands in the project 

area are ‘‘irrigation induced.’’ A 

minimal number of these acres would 

be impacted. Wetland functions for the 

majority of these are already impacted 

by the land use associated with them. 

The distribution and size of these 

wetlands is not likely to change. 

The water quality of the Colorado 

River will be enhanced due to a 

reduction in salt loading from 

agriculture. 

The agricultural producers 

participating in the project will benefit 

from the labor savings associated with 

implementation of improved on-farm 

irrigation application systems. 

Ultimate Conclusion 

I find that the proposed action is not 

a major Federal action significantly 

affecting the quality of the human 

environment. 

Dennis Alexander, 

Assistant State Conservationist-Programs. 

[FR Doc. 05–22809 Filed 11–16–05; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 05–BIS–03] 

Action Affecting Export Privileges; 

Performance Medical Supplies; In the 

Matter of: Performance Medical 

Supplies, 16 Gardenia Cresent, 

Cheltenham, Victoria 3192, Australia; 

Respondent; Order Relating to 

Performance Medical Supplies 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’) 

has initiated an administrative 

proceeding against Performance Medical 

Supplies (‘‘Performance Medical 

Supplies’’) pursuant to Section 766.3 of 

the Export Administration Regulations 

(currently codified at 15 CFR Parts 730–

774 (2005)) (‘‘Regulations’’),1 and 

Section 13(c) of the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. 2401–2420 (2000)) 

(‘‘Act’’),2 through issuance of a charging 

letter to Performance Medical Supplies 

that alleged that Performance Medical 

Supplies committed 10 violations of the 

Regulations. Specifically, the charges 

are: 

1. One violation of 15 CFR 764.2(d)—

Conspiracy to Export Physical Therapy 

Equipment to Iran Without the Required 

U.S. Government Authorizations: In or 

about April 2000, Performance Medical 

Supplies conspired and acted in concert 

with others, known and unknown, to 

bring about acts that constitute 

violations of the Regulations by 

knowingly participating in the export of 

physical therapy equipment from the 

United States, via Australia, to Iran 

without the required U.S. Government 

authorization. Pursuant to Section 746.7 

of the Regulations, authorization was 

required from the Office of Foreign 

Assets Control, U.S. Department of the 

Treasury (‘‘OFAC’’) before the physical 

therapy equipment, items subject to the 

Regulations and the Iranian 

Transactions Regulations, could be 

exported from the United States to Iran. 

In furtherance of conspiracy, 

Performance Medical Supplies and its 

co-conspirator devised and employed a 

scheme under which Performance 

Medical Supplies would purchase the 

items from its co-conspirator in the 

United States and would then forward 

the items to Iran. 

2. Three violations of 15 CFR 

764.2(b)—Aiding the Export of Physical 

Therapy Equipment to Iran Without the 

Required U.S. Government 

Authorization: From on or about March 

28, 2000 through and including April 7, 

2000, Performance Medical Supplies 

engaged in conduct prohibited by 

Regulations when it, on three occasions, 

aided the export of physical therapy 

equipment from the United States to 

Iran, via Australia, without the required 

U.S. Government authorization. 

Pursuant to Section 746.7 of the 

Regulations, authorization from OFAC 

was required for the export of physical 

therapy equipment, items subject to the 

Regulations and the Iranian 

Transactions Regulations, from the 

United States to Iran. The U.S. exporter 

did not have OFAC authorization for the 

export. 

69734 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices 

3. Three violations of 15 CFR 

764.2(e)—Ordering Physical Therapy 

Equipment With Knowledge That a 

Violation of the Regulations Was to 

Occur: On three occasions, Performance 

Medical Supplies ordered physical 

therapy equipment with knowledge that 

violations of the Regulations would 

occur. At all times relevant hereto, 

Performance Medical Supplies knew 

that prior authorization was required 

from the U.S. Government to export the 

physical therapy equipment, items 

subject to the Regulations and the 

Iranian Transactions Regulations, from 

the United States to Iran. Performance 

Medical Supplies ordered the items 

knowing that they would be exported to 

Iran without the required U.S. 

Government authorization. 

4. Three Violations of 15 CFR 

764.2(h)—Actions to Evade the 

Requirements of the Regulations: On 

three occasions, Performance Medical 

Supplies took actions to evade the U.S. 

Government’s licensing requirements 

for the export of physical therapy 

equipment to Iran. Specifically, 

Performance Medical Supplies 

participated in the routing of sales to 

Iran through Australia to conceal the 

fact that the physical therapy equipment 

was destined for Iran. 

Whereas, BIS and Performance 

Medical Supplies have entered into a 

Settlement Agreement pursuant to 

Section 766.18(b) of the Regulations 

whereby they agreed to settle this matter 

in accordance with the terms and 

conditions set forth therein, and 

Whereas, I have approved of the terms 

of such Settlement Agreement; 

It Is Therefore Ordered: 

First, for a period of five years from 

the date of entry of the Order, 

Performance Medical Supplies, 16 

Gardenia Cresent, Cheltenham, Victoria 

3192, Australia, its successors or 

assigns, and when acting for or on 

behalf of Performance Medical Supplies, 

its officers, representatives, agents, or 

employees (‘‘Denied Person’’) 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. Benefitting 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 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 

acquired 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 which 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. 

Third, that, to prevent evasion of this 

Order, BIS, after notice and opportunity 

for comment as provided in Section 

766.23 of the Regulations, may make 

any person, firm, corporation, or 

business organization related to 

Performance Medical Supplies by 

affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services 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. 

Fifth, that the charging letter, the 

Settlement Agreement, this Order, and 

the record of this case as defined by 

Section 766.20 of the Regulations shall 

be made available to the public. 

Sixth, that the administrative law 

judge shall be notified that this case is 

withdrawn from adjudication. 

This Order, which constitutes the 

final agency action in this matter, is 

effective upon publication in the 

Federal Register. 

Entered this 9th day of November 2005. 

Darryl W. Jackson, 

Assistant Secretary of Commerce, for Export 

Enforcement. 

[FR Doc. 05–22782 Filed 11–16–05; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–865] 

Certain Hot–Rolled Carbon Steel Flat 

Products From the People’s Republic 

of China; Notice of Amended Final 

Determination Pursuant to Court 

Decision 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: November 17, 2005. 

SUMMARY: On March 15, 2005, the 

United States Court of International 

Trade (‘‘CIT’’) issued an order 

sustaining the Department of 

Commerce’s (‘‘the Department’’) second 

remand determination of the Final 

Determination of Sales at Less Than 

Fair Value: Certain Hot Rolled Carbon 

Steel Flat Products from the People’s 

Republic of China, 66 FR 49632 

(September 28, 2001) (‘‘Final 

Determination’’). See Anshan Iron & 

Steel Co. v. United States, 366 F. Supp. 

2d 128 (CIT 2005). Because all litigation 

in this matter has now concluded, the 

Department is issuing its amended final 

determination in accordance with the 

CIT’s decision. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Blozy, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW, 

Washington, DC 20230; telephone: (202) 

482–5403. 

SUPPLEMENTARY INFORMATION: