The President's Export Council: Meeting of the President's Export Council, 63164 [E7-21921]
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63164
Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices
rwilkins on PROD1PC63 with NOTICES
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2004, and counsel, who no longer
represents the Respondent, filed a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
1 The 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’’).
VerDate Aug<31>2005
16:54 Nov 07, 2007
Jkt 214001
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]
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, https://
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
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
National Oceanic and Atmospheric
Administration
The President’s Export Council:
Meeting of the President’s Export
Council
Proposed Information Collection;
Comment Request; Southwest Region
Gear Identification Requirements
AGENCY:
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
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
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
PO 00000
Frm 00004
Fmt 4703
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National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
E:\FR\FM\08NON1.SGM
08NON1
]]>Agencies
[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Page 63164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21921]
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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 pre-register. 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, https://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
