Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 63163 

lack of available data related to ebusiness infrastructure investment. 

Such data are critical for evaluating 

productivity growth, changes in 

industrial capacity, and current 

economic developments. Rapid 

advances in Information and 

Communication Technology (ICT) 

equipment have resulted in these assets 

having short useful lives and being 

replaced much more quickly than other 

types of equipment. Companies are 

expensing the full cost of such assets 

during the current annual period rather 

than capitalizing the value of such 

assets and expensing the cost over two 

or more years. In some cases this is due 

not only to the short useful life of the 

asset, but also to the fact that companies 

have varying dollar levels for 

capitalization. 

The Annual Capital Expenditures 

Survey (ACES) (OMB Project 0607–

0782) currently collects summary data 

on business capital expenditures 

annually and detailed data on types of 

structures and equipment every five 

years. The fact that the ACES program 

does not include non-capitalized 

expenditures for e-business 

infrastructure and infrequently collects 

detailed data on types of structures and 

equipment creates serious data gaps. To 

fill these gaps and as a supplement to 

the ACES survey, the Census Bureau 

created the Information and 

Communication Technology Survey 

(ICTS). The ICTS uses the ACES 

sampling, follow-up and estimation 

methodologies including mailing to the 

same employer companies. 

Data users tell us that they need 

comprehensive and consistent data on 

investment by all private nonfarm 

businesses in capitalized and noncapitalized ICT equipment and software. 

The objectives of the ICTS are: 

(a) To provide estimates of capitalized 

and non-capitalized ICT equipment 

expenditures for all private nonfarm 

sectors of the economy at 3-digit and 

selected 4-digit North American 

Industry Classification System (NAICS) 

levels; 

(b) To base the survey on a probability 

sample that yields measures of 

statistical reliability of the survey 

estimates; 

(c) To establish an annual enterprise 

level data series with the level of detail, 

coverage and quality which was 

previously unavailable; 

(d) To provide detail data on 

capitalized and non-capitalized ICT 

expenditures for estimating the national 

income and product accounts, 

estimating the productivity of U.S. 

industries, evaluating fiscal and 

monetary policy, and conducting 

research using capitalized and noncapitalized expenditures data; and 

(e) To provide industry analysts with 

necessary data for market analysis, 

economic forecasting, product 

development, and business planning. 

This request is for a continuation of 

a currently approved collection covering 

the 2007–2009 ICTS (conducted in fiscal 

years 2008–2010). The only change from 

the previous ICTS is the incorporation 

of the 2007 North American Industry 

Classification System (NAICS) into the 

2009 ICTS. For both the 2007 and 2008 

ICTS, data will be collected and 

published based on the 2002 NAICS. 

Beginning with the 2009 ICTS, however, 

we will collect and publish data based 

on the 2007 NAICS. Industries will 

comprise 3-digit and selected 4-digit 

NAICS codes. 

The annual ICTS survey collects data 

on two categories of non-capitalized 

expenses (purchases; and operating 

leases and rental payments), for four 

types of information and 

communication technology equipment 

and software (computers and peripheral 

equipment; ICT equipment, excluding 

computers and peripherals; 

electromedical and electrotherapeutic 

apparatus; and computer software, 

including payroll associated with 

software development). The survey also 

collects capital expenditures data on the 

four types of ICT equipment and 

software cited above. Only nonfarm, 

non-governmental companies, 

organizations, and associations 

operating in the United States are 

included in this survey. 

To collect data, the Census Bureau 

will rely primarily on mail out/mail 

back survey forms. Employer companies 

will be mailed one of three forms based 

on their diversity of operations, i.e. the 

number of industries in which they 

have payroll. All employer forms will 

have the 3-digit or selected 4-digit 

NAICS industries imprinted on the form 

to minimize the need for industry self 

coding. Companies will be asked to 

report data for industries in which they 

operate and incurred capitalized and 

non-capitalized expenditures. 

Companies that operate in only one 

industry will receive an ICT–1(S) form. 

These companies will not be asked to 

report ICT expenditures by industry, 

this will eliminate the need for industry 

self coding. Companies that operate in 

more than one, but less than nine 

industries will receive an ICT–1(M) 

form. Companies that operate in nine or 

more industries will receive an ICT–1(L) 

form. 

The ICTS is an important part of the 

Federal Government’s effort to improve 

and supplement ongoing statistical 

programs. The Bureau of Economic 

Analysis (BEA), Federal Reserve Board, 

Bureau of Labor Statistics and industry 

analysts use these data to evaluate 

productivity and economic growth 

prospects. In addition, the ICTS 

provides improved source data 

significant to BEA’s estimate of the 

investment component of Gross 

Domestic Product, capital stock 

estimates, and capital flow tables. Other 

Federal agencies, private industry 

organizations, and academic researchers 

use the survey results for analyzing and 

studying: Past and current economic 

performance; Short-term economic 

forecasts; Productivity; Long-term 

economic growth; Tax policy; Capacity 

utilization; Business fixed capital stocks 

and capital formation; International 

competitiveness and trade policy; 

Market research; and Financial analysis. 

Affected Public: Business or other forprofit organizations; Not-for-profit 

institutions. 

Frequency: Annually. 

Respondent’s Obligation: Mandatory. 

Legal Authority: Title 13 U.S.C. 

Sections 182, 224 & 225. 

OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266. 

Department of Commerce, Room 

6625, 14th and Constitution Avenue, 

NW., Washington, DC 20230 (or via the 

Internet at dhynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to Brian Harris-Kojetin, OMB 

Desk Officer either by fax (202–395–

7245) or e-mail (bharrisk@omb.eop.gov). 

Dated: November 2, 2007. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E7–21947 Filed 11–7–07; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket Nos. 04–BIS–15] 

In the Matters of: S.P. Equipamentos 

de Protecao ao Trabalho Ltda., Rua 

Visconde de Inhauma, 386–Saude 

04146–030 Sao Paulo, Brazil, 

Respondent; Decision and Order on 

Petition to Set Aside Default Order 

On February 26, 2007, the Acting 

Under Secretary of Commerce for 


rwilkins on PROD1PC63 with NOTICES
63164 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 

1The violations charged occurred in 2002. The 

Regulations governing the violations at issue are 

found in the 2002 version of the Code of Federal 

Regulations (15 CFR parts 730–774 (2002)). The 

2007 Regulations establish the procedures that 

apply to this matter. 

2 50 U.S.C. app. §§ 2401–2420 (2000)). 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)), which 

has been extended by successive Presidential 

Notices, the most recent being that of August 15, 

2007 (72 FR 46137 (Aug. 16, 2007)), has continued 

the Regulations in effect under the International 

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

1706 (2000)) (‘‘IEEPA’’). 

Industry and Security issued a Final 

Decision and Order, pursuant to his 

authority under Section 766.22 of the 

Export Administration Regulations 

(hereinafter ‘‘Regulations’’), in which he 

affirmed the findings of fact and 

conclusions of law as recommended by 

an Administrative Law Judge (ALJ) that 

Respondent was in default on an 

administrative proceedings initiated 

against it under the Regulations. 

Respondent has petitioned me to set 

aside the default order using my 

authority under Section 366.7(b) of the 

Regulations. For the reasons stated 

below, I grant the Petition. 

The relevant facts in this matter are as 

follows. In a charging letter filed on 

September 13, 2004, the Bureau of 

Industry and Security (‘‘BIS’’) alleged 

that Respondent committed two 

violations of the Regulations,1 issued 

under the Export Administration Act of 

1979, as amended (50 U.S.C. app 2401–

2420 (2000)).2

On September 13, 2004, BIS mailed 

the notice of issuance of the charging 

letter by registered to the Respondent at 

its last known address. The file 

indicates that the notice of issuance of 

a charging letter was received by the 

Respondent on or about September 24, 

2004, and counsel, who no longer 

represents the Respondent, filed a 

Notice of Appearance on February 7, 

2005. Respondent, or its former counsel, 

did not file an answer to the charging 

letter with the ALJ, as required by 

Section 766.6 of the Regulations, but 

there is evidence in the file that the 

opposing counsel engaged in settlement 

negotiations regarding these charges for 

about one year before BIS filed a Motion 

for Default Order on or about November 

9, 2006. The former counsel for the 

Respondent states in a declaration to 

accompany this Petition that counsel 

did not receive notice of the BIS 

decision to file a Motion for Default 

Order, nor was counsel served with the 

motion that was filed. 

On January 31, 2007, based on the 

record before him, the ALJ issued a 

recommended decision in which he 

found that the Respondent was in 

default. On February 26, 2007, the 

Acting Under Secretary for Industry and 

Security issued a Final Decision and 

Order affirming the ALJ’s recommended 

decision, and imposing a ten-year denial 

of Respondent’s export privileges. 

On September 7, 2007, Respondent 

filed its Petition asserting among other 

things, that good cause exists to set 

aside the default. On October 24, 2007, 

BIS filed a response to the Petition in 

which it did not oppose the finding that 

goop cause exists to set aside the 

default. 

The Regulations provide me with the 

authority to set aside a default order. 

Section 766.7(b)(1) of the Regulations 

states: ‘‘[U]pon petition filed by a 

respondent against whom a default 

order has been issued, which petition is 

accompanied by an answer meeting the 

requirements of § 766.6(b) of this part, 

the Under Secretary may, after giving all 

parties an opportunity to comment, and 

for good cause shown, set aside the 

default and vacate the order entered 

thereon and remand the matter to the 

administrative law judge for further 

proceedings.’’

The Petition and its supporting 

materials justify a finding that good 

cause exists to grant this Petition and 

there is no opposition to this finding. 

Accordingly, I find good cause has 

been shown to set aside the Final 

Decision and Order, dated February 26, 

2007, and the Order is hereby vacated 

and this matter is remanded to the ALJ 

for further proceedings. 

This Order, which constitutes the 

final agency action on this Petition, is 

effective immediately. 

Dated: November 5, 2007. 

Mario Mancuso, 

Under Secretary for Industry and Security 

[FR Doc. 07–5590 Filed 11–7–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

The President’s Export Council: 

Meeting of the President’s Export 

Council 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an Open Meeting. 

SUMMARY: The President’s Export 

Council (PEC) will hold a full Council 

meeting to discuss topics related to 

export expansion. The meeting will 

include discussion of trade priorities 

and initiatives, PEC subcommittee 

activity, and proposed letters of 

recommendation to the President. The 

PEC was established on December 20, 

1973, and reconstituted May 4, 1979, to 

advise the President on matters relating 

to U.S. trade. It was most recently 

renewed by Executive Order 13446. 

Date: December 4, 2007. 

Time: 10 a.m. (EST). 

Location: U.S. Department of 

Commerce, Room 4830, 1401 

Constitution Avenue, NW., Washington, 

DC, 20230. Because of building security, 

all non-government attendees must preregister. Please RSVP to the PEC 

Executive Secretariat no later than 

November 30, 2007, to J. Marc Chittum, 

President’s Export Council, Room 4043, 

1401 Constitution Avenue, NW., 

Washington, DC 20230, telephone (202) 

482–1124, or e-mail 

Marc.Chittum@mail.doc.gov. 

This program will be physically 

accessible to people with disabilities. 

Seating is limited and will be on a first 

come, first served basis. Requests for 

sign language interpretation, other 

auxiliary aids, or pre-registration, 

should be submitted no later than June 

1, 2007, to J. Marc Chittum, President’s 

Export Council, Room 4043, 1401 

Constitution Avenue, NW., Washington, 

DC 20230, telephone (202) 482–1124, or 

e-mail Marc.Chittum@mail.doc.gov. 

FOR FURTHER INFORMATION, CONTACT: The 

President’s Export Council Executive 

Secretariat, Room 4043, Washington, 

DC, 20230 (Phone: 202–482–1124), or 

visit the PEC Web site, http:// 

www.trade.gov/pec. 

Dated: November 1, 2007. 

J. Marc Chittum, 

Executive Secretary, President’s Export 

Council. 

[FR Doc. E7–21921 Filed 11–7–07; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Southwest Region 

Gear Identification Requirements 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 


rwilkins on PROD1PC63 with NOTICES