Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices 6409

1The EAR, which are currently codified at 15 

CFR Parts 730–774 (2004), are issued under the 

Export Administration Act of 1979, as amended (50 

U.S.C. app. 2401–2420—) (2000) (the ‘‘Act’’). From 

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 EAR in effect 

under the International Emergency Economic 

Powers Act (50 U.S.C. 1701–1707 (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 

6, 2004, (69 Federal Register 48763 (August 10, 

2004)), continued the Regulations in effect under 

the IEEPA.

2Triggered spark gaps are electronic switches that 

deliver a very high voltage with a very short delay 

once switched. Triggered spark gaps are used in 

medical lithotripters to disintegrate gallstones and 

kidney stones and are also used as triggers for 

nuclear weapons.

3Oscilloscopes are used for testing and assembly 

of electronic equipment, and can be used in the 

development of nuclear weapons. The oscilloscopes 

in question are controlled under ECCN 3A292 and 

require a license for export to Pakistan for nuclear 

non-proliferation reasons.

settlement is inappropriate, improper, 

or inadequate. The United States’

response to any comments received will 

be available for public inspection at the 

Butte Ranger District, 1820 Meadowlark 

Lane, Butt, Montana, 59701 and at the 

offices of the USDA Forest Service 

Northern Region, Federal Building, 

Missoula, Montana, 59807.

DATES: Comments must be submitted on 

or before March 9, 2005.

FOR FURTHER INFORMATION CONTACT:

Copies of the proposed settlement are 

available for public inspection at the 

Butte Ranger District, 1820 Meadowlark 

Lane, Butte, Montana, 59701 and at the 

office of the USDA Forest Service 

Northern Region, Federal Building, 

Missoula, Montana, 59807. For 

technical information or a copy of the 

proposed settlement, contact Bob 

Wintergerst at the Northern Regional 

Office at 406–329–3036. For legal 

information or a copy of the proposed 

settlement, contact Michael R. Hope 

with USDA’s Office of the General 

Counsel, (303) 275–5545. Comments 

should reference the Butte Highlands 

Mill Site, Silver Bow County, Montana, 

and should be addressed to Michael R. 

Hope, USDA Office of the General 

Counsel, PO Box 25005, Denver, CO 

80225–0005.

Dated: February 1, 2005. 

Kathleen McAllister, 

Deputy Regional Forester.

[FR Doc. 05–2249 Filed 2–4–05; 8:45 am] 

BILLING CODE 3410–11–M

DEPARTMENT OF AGRICULTURE

National Agricultural Statistics Service 

Notice of the Advisory Committee on 

Agriculture Statistics Meeting

AGENCY: National Agricultural Statistics 

Service, USDA.

ACTION: Notice of meeting.

SUMMARY: In accordance with the 

Federal Advisory Committee Act, 5 

U.S.C. App. c10, the National 

Agricultural Statistics Service (NASS) 

announces a meeting of the Advisory 

Committee on Agriculture Statistics.

FOR FURTHER INFORMATION CONTACT:

Carol House, Executive Director, 

Advisory Committee on Agriculture 

Statistics, U.S. Department of 

Agriculture, National Agricultural 

Statistics Service, 1400 Independence 

Avenue SW., Room 4117 South 

Building, Washington, DC 20250–2000. 

Telephone: (202) 720–4333, Fax: (202) 

720–9013, or e-mail: 

chouse@nass.usda.gov.

SUPPLEMENTARY INFORMATION: The 

Advisory Committee on Agriculture 

Statistics, which consists of 25 members 

appointed from 7 categories covering a 

broad range of agricultural disciplines 

and interests, has scheduled a meeting 

on February 22–23, 2005. During this 

time the Advisory Committee will 

discuss topics including Census of 

Agriculture, NASS Special Activities, 

Publications, Accomplishments for 

2004, Subcommittee reports, and 

Agriculture Finance. 

Dates and Locations: The Committee 

meeting will be held 1 p.m.–4:30 p.m. 

on Tuesday, February 22, and 8 a.m.–

4:30 p.m. on Wednesday, February 23, 

with an opportunity for public 

questions and comments at 3:30 p.m. on 

February 23, the Marriott Crystal City at 

Reagan National Airport, 1999 Jefferson 

Davis Highway, Arlington, Virginia 

22202. 

Type of Meeting: Open to the public. 

Comments: The public may file 

written comments to the USDA 

Advisory Committee contact person 

before or within a reasonable time after 

the meeting. All statements will become 

a part of the official records of the 

USDA Advisory Committee on 

Agriculture Statistics and will be kept 

on file for public review in the office of 

the Executive Director, Advisory 

Committee on Agriculture Statistics, 

U.S. Department of Agriculture, 

Washington, DC 20250.

Dated January 25, 2005, at Washington, DC. 

R. Ronald Bosecker, 

Administrator, National Agricultural 

Statistics Service.

[FR Doc. 05–2279 Filed 2–4–05; 8:45 am] 

BILLING CODE 3410–20–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Pakland PME Corporation and 

Humayun Khan; Order Temporarily 

Denying Export Privileges

In the Matter of: Pakland PME Corporation, 

Unit 7 & 8, 2nd Floor, Mohammadi Plaza, 

Jinnah Avenue, Blue Area, F–6/4, Islamabad–

44000, Pakistan, and, Humayun Khan, Unit 

7 & 8, 2nd Floor, Mohammadi Plaza, Jinnah 

Avenue, Blue Area, F–6/4, Islamabad–44000, 

Pakistan, Respondents.

Pursuant to Section 766.24 of the 

Export Administration Regulations 

(‘‘EAR’’),1 the Bureau of Industry and 

Security (‘‘BIS’’), U.S. Department of 

Commerce, through its Office Export 

Enforcement (‘‘OEE’’), has requested 

that I issue an Order temporarily 

denying the export privileges under the 

EAR of Pakland PME Corporation 

(‘‘Pakland’’), Unit 7 & 8, 2nd Floor, 

Mohammadi Plaza, Jinnah Avenue, Blue 

Area, F–6/4, Islamabad–44000, Pakistan, 

and Humayun Khan (‘‘Khan’’), Unit 7 & 

8, 2nd Floor, Mohammadi Plaza, Jinnah 

Avenue, Blue Area, F–6/4, Islamabad–

44000, Pakistan (hereinafter collectively 

referred to as the ‘‘Respondents’’).

In its request, BIS has presented 

evidence that shows that Pakland and 

Khan, the owner and operator of 

Pakland, conspired with others, known 

and unknown, to cause items subject o 

the EAR to be illegally exported to 

Pakistan, that they caused and 

attempted to cause exports of items 

controlled for nuclear non-proliferation 

reasons to Pakistan with knowledge that 

violations of the EAR would occur, and 

that they took actions intended to evade 

the EAR. 

Specifically, the evidence shows that, 

from July 2003 through January 2004, 

Respondents conspired to have triggered 

spark gaps 2 and oscilloscopes 3 items 

included on the Commerce Control List 

and controlled for nuclear nonproliferation reasons, exported from the 

United States to Pakistan without the 

required BIS export licenses. The 

evidence also shows that Respondents 

developed and implemented a scheme 

to avoid the requirements of the EAR by 

causing these items exported through 

South Africa to Pakistan. More 

specifically, pursuant to direction from 

Respondents, on or about August 1, 

2003, a purchase order for 200 triggered 

spark gaps was submitted to a U.S. 

6410 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices 

manufacturer by a company in New 

Jersey. The purchase order stated that 

end-user of the triggered spark gaps was 

a hospital in the South Africa. The 

manufacturer of the triggered sparks 

gaps confirmed that a standard or 

normal size order of triggered spark gaps 

for a hospital would be five to six. On 

or about September 29, 2003, the U.S. 

manufacturer made the first shipment 

under the purchase order to the New 

Jersey company. On or about October 3, 

2003, the New Jersey then shipped 

approximately 66 triggered spark gaps 

from the United States to South Africa. 

On or about October 19, 2003, the 

triggered spark gaps were shipped from 

South Africa to Pakistan (the intended 

destination of the triggered spark gaps) 

without a BIS license by persons who 

were conspirators with the 

Respondents.

Additionally, in 2003, Respondents 

were involved in at least two 

unauthorized export of oscilloscopes 

from the United States to Pakistan 

through South Africa, including one 

export to a Pakistani corporation on 

BIS’s Entity List, the Al-Technique 

Corporation of Pakistan, Ltd. 

I find the evidence presented by BIS 

demonstrates that the Respondents have 

conspired to violate the EAR, that such 

violations have been deliberate and 

covert, and that there is a strong 

likelihood of future violations, 

particularly given the nature of the 

transactions and the elaborate steps that 

have been taken by Respondents to 

avoid detection by the U.S. Government 

while knowing that their actions were in 

violation of the EAR. As such, a 

Temporary Denial Order (‘‘TDO’’) is 

needed to give notice to persons and 

companies in the United States and 

abroad that they should cease dealing 

with the Respondents in export 

transactions involving items subject to 

the EAR. Such a TDO is consistent with 

the public interest to preclude future 

violations of the EAR.

Accordingly, I find that a TDO 

naming Pakland and Khan as 

Respondents is necessary, in the public 

interest, to prevent an imminent 

violation of the EAR. This Order is 

issued on an ex parte basis without a 

hearing based upon BIS’s showing of an 

imminent violation. 

It is therefore ordered:

First, that the Respondents, Pakland 

PME Corporation, Unit 7 & 8, 2nd Floor, 

Mohammadi Plaza, Jinnah Avenue, Blue 

Area, F–6/4, Islamabad–44000, Pakistan, 

and Humayun Khan, Unit 7 & 8, 2nd 

Floor, Mohammadi Plaza, Jinnah 

Avenue, Blue Area, F–6/4, Islamabad–

44000, Pakistan (collectively 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 

Export Administration Regulations 

(‘‘EAR’’), or in any other activity subject 

to the EAR, 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 EAR, or in any other 

activity subject to the EAR; 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 EAR, or in any 

other activity subject to the EAR. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Persons any item subject 

to the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Persons of the ownership, 

possession, or control of any item 

subject to the EAR that has been or will 

be exported from the United States, 

including financing or other support 

activities related to a transaction 

whereby the Denied Persons acquires or 

attempts to acquire such ownership, 

possession or control; 

C. Take any action to acquire from or 

to facilitate acquisition or attempted 

acquisition from the Denied Persons of 

any item subject to the EAR that has 

been exported from the United States; 

D. Obtain from the Denied Persons 

order in the United States any item 

subject to the EAR 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 EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by the Denied 

Persons, or service any item, of 

whatever origin, that is owned, 

possessed or controlled by the Denied 

Persons if such service involves the use 

of any item subject to the EAR 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 EAR, any other 

person, firm, corporation, or business 

organization related to any of the 

Respondents 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 EAR where the 

only items involved that are subject to 

the EAR are the foreign-produced direct 

product of U.S.-origin technology. 

In accordance with the provisions of 

Section 766.24(e) of the EAR, the 

Respondents may, at any time, appeal 

this Order by filing a full written 

statement in support of the appeal with 

the Office of the Administrative Law 

Judge, U.S. Coast Guard ALJ Docketing 

Center, 40 South Gay Street, Baltimore, 

Maryland 21202–4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. The 

Respondents may oppose a request to 

renew this Order by filing a written 

submission with the Assistant Secretary 

for Export Enforcement, which must be 

received not later than seven days 

before the expiration date of the Order. 

A copy of this Order shall be served 

on the Respondents shall be published 

in the Federal Register. 

This Order is effective upon date of 

publication in the Federal Register and 

shall remain in effect for 180 days.

Entered this 31st day of January, 2005. 

Wendy L. Wysong, 

Acting Assistant Secretary of Commerce for 

Export Enforcement.

[FR Doc. 05–2240 Filed 2–4–05; 8:45 am] 

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Wen Enterprises, Ning Wen, Hailin Lin, 

and Beijung Rich Linscience 

Electronics Company; Order 

Temporarily Denying Export Privileges

In the Matters of: Wen Enterprises, 402 

Wild Oak Drive, Manitowoc, WI 54220; and, 

Ning Wen, 402 Wild Oak Drive, Manitowoc, 

WI 54220; and, Hailin Lin, 402 Wild Oak 

Drive, Manitowoc, WI 54220; and, Beijing 

Rich Linscience Electronics Company, No. 2 

Zhong Guan Cun South Avenue, Cyber Mode 

Room 1001, Haidian District, Beijing,