Proposed Information Collection; Comment Request; Southwest Region Gear Identification Requirements, 63164-63165 [E7-21945]

Download as PDF 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notice of issuance of a charging letter was received by the Respondent on or about September 24, 2004, and counsel, who no longer represents the Respondent, filed a Notice of Appearance on February 7, 2005.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 Sfmt 4703 National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before January 7, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Walter Ikehara, (808) 944– 2275, or Walter.Ikehara@noaa.gov. SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with NOTICES I. Abstract The Pacific Islands Region portion of Office of Management and Budget (OMB) Control Number 0648–0361 will be merged into OMB Control Number 0648–0360, and the title will be changed to Pacific Islands Region Vessel and Gear Identification Requirements. Regulations at 50 CFR 665.16 require that all U.S. vessels with Federal permits fishing for Western Pacific fishery management unit species display the vessel’s official number on both sides of the deckhouse or hull and on an appropriate weather deck. The regulations at 50 CFR 300.35 require that vessels fishing under the South Pacific Tuna Treaty must display their international radio call sign on the hull, the deck, and on the sides of auxiliary equipment such as skiffs and helicopters. The numbers must be a specific size at specified locations. The display of the identifying numbers aids in fishery law enforcement. Western Pacific fisheries regulations at 50 CFR 665.24, 665.47 and 665.606 require that certain fishing gear must be marked. In the pelagic longline fisheries, the vessel operator must ensure that the official number of the vessel is affixed to every longline buoy and float. In the crustacean fisheries (Permit Area 1, Northwestern Hawaiian Islands) each trap and float must be marked with the vessel’s identification number. In the coral reef ecosystem fisheries, the vessel number must be affixed to all fish and crab traps. The marking of gear links fishing or other activity to the vessel, aids law enforcement, and is valuable in actions concerning the damage, loss of gear, and civil proceedings. II. Method of Collection Third party disclosure. III. Data OMB Number: 0648–0360. VerDate Aug<31>2005 16:54 Nov 07, 2007 Jkt 214001 Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations; individuals or households. Estimated Number of Respondents: 311. Estimated Time per Response: 45 minutes per Western Pacific fishing vessel; one hour and 15 minutes per South Pacific purse seine vessel; 2 minutes per gear marking. Estimated Total Annual Burden Hours: 1,148. Estimated Total Annual Cost to Public: $34,210. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: November 1, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–21945 Filed 11–7–07; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Billfish Tagging Report National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 63165 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before January 7, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Suzanne Kohin, (858) 546– 7104 or Suzanne.Kohin@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract The National Oceanic and Atmospheric Administration’s Southwest Fisheries Science Center operates a billfish tagging program. Tagging supplies are provided to volunteers. When they catch and tag a fish they submit a brief report on the fish tagged and the location of the tagging. The information obtained is used in conjunction with tag returns to determine billfish migration patterns, mortality rates, and similar information useful in the management of the billfish fisheries. II. Method of Collection A paper form the size of a postcard is used. III. Data OMB Number: 0648–0009. Form Number: NOAA Form 88–162. Type of Review: Regular submission. Affected Public: Individuals or households. Estimated Number of Respondents: 1,250. Estimated Time Per Response: 5 minutes. Estimated Total Annual Burden Hours: 104. Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63164-63165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21945]


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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.

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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

[[Page 63165]]

collections, as required by the Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before January 7, 2008.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at dHynek@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Walter Ikehara, (808) 944-2275, or 
Walter.Ikehara@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Pacific Islands Region portion of Office of Management and 
Budget (OMB) Control Number 0648-0361 will be merged into OMB Control 
Number 0648-0360, and the title will be changed to Pacific Islands 
Region Vessel and Gear Identification Requirements.
    Regulations at 50 CFR 665.16 require that all U.S. vessels with 
Federal permits fishing for Western Pacific fishery management unit 
species display the vessel's official number on both sides of the 
deckhouse or hull and on an appropriate weather deck. The regulations 
at 50 CFR 300.35 require that vessels fishing under the South Pacific 
Tuna Treaty must display their international radio call sign on the 
hull, the deck, and on the sides of auxiliary equipment such as skiffs 
and helicopters. The numbers must be a specific size at specified 
locations. The display of the identifying numbers aids in fishery law 
enforcement.
    Western Pacific fisheries regulations at 50 CFR 665.24, 665.47 and 
665.606 require that certain fishing gear must be marked. In the 
pelagic longline fisheries, the vessel operator must ensure that the 
official number of the vessel is affixed to every longline buoy and 
float. In the crustacean fisheries (Permit Area 1, Northwestern 
Hawaiian Islands) each trap and float must be marked with the vessel's 
identification number. In the coral reef ecosystem fisheries, the 
vessel number must be affixed to all fish and crab traps. The marking 
of gear links fishing or other activity to the vessel, aids law 
enforcement, and is valuable in actions concerning the damage, loss of 
gear, and civil proceedings.

II. Method of Collection

    Third party disclosure.

III. Data

    OMB Number: 0648-0360.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Business or other for-profit organizations; 
individuals or households.
    Estimated Number of Respondents: 311.
    Estimated Time per Response: 45 minutes per Western Pacific fishing 
vessel; one hour and 15 minutes per South Pacific purse seine vessel; 2 
minutes per gear marking.
    Estimated Total Annual Burden Hours: 1,148.
    Estimated Total Annual Cost to Public: $34,210.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: November 1, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. E7-21945 Filed 11-7-07; 8:45 am]
BILLING CODE 3510-22-P