Export Trade Certificate of Review, 9523-9524 [E8-3253]
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Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices
organization being nominated and (b)
explaining why the nominee should be
given the award. The information will
be used to determine those applicants
best meeting the pre-announced
selection criteria. The use of a
nomination form standardizes and
limits the information collected as part
of the nomination process. This makes
the competition fair and eases any
burden on applicants and reviewers
alike. Participation in the competition is
voluntary. The award is strictly
honorary.
II. Method of Collection
The nomination form is downloadable
off of EDA’s Web site and can be faxed
or submitted in hard copy to EDA.
III. Data
OMB Control Number: 0610–0101.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: State, local or Tribal
Government and not-for-profit
institutions.
Estimated Number of Respondents:
50.
Estimated Time Per Response: 3
hours.
Estimated Total Annual Burden
Hours: 150.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
pwalker on PROD1PC71 with NOTICES
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: February 14, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–3159 Filed 2–20–08; 8:45 am]
BILLING CODE 3510–34–P
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16:34 Feb 20, 2008
Jkt 214001
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 07–00005]
Export Trade Certificate of Review
Notice of Issuance of an Export
Trade Certificate of Review to XCC
Exportz Inc. (Application No. 07–
00005).
ACTION:
SUMMARY: On February 15, 2008, the
U.S. Department of Commerce issued an
Export Trade Certificate of Review to
XCC Exportz Inc. (‘‘XCC’’). This notice
summarizes the conduct for which
certification has been granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number), or by E-mail at
oetca@ita.doc.gov.
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR Part 325
(2006).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
in the Federal Register. Under section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
Description of Certified Conduct:
SUPPLEMENTARY INFORMATION:
I. Export Trade
Products
All Products.
Services
All Services.
Technology Rights
Technology rights, including, but not
limited to, patents, trademarks,
copyrights, and trade secrets, that relate
to Products and Services.
Export Trade Facilitation Services (as
they relate to the export of Products,
Services, and Technology Rights)
Export Trade Facilitation Services,
including, but not limited to,
professional services in the areas of
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9523
government relations and assistance
with state and federal programs; foreign
trade and business protocol; consulting;
market research and analysis; collection
of information on trade opportunities;
marketing; negotiations; joint ventures;
shipping; export management; export
licensing; advertising; documentation
and services related to compliance with
customs requirements; insurance and
financing; trade show exhibitions;
organizational development;
management and labor strategies;
transfer of technology; transportation
services; and facilitating the formation
of shippers’ associations.
II. Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
III. Export Trade Activities and
Methods of Operation
1. With respect to the sale of Products
and Services, licensing of Technology
Rights and provision of Export Trade
Facilitation Services, XCC, subject to the
terms and conditions listed below, may:
a. Provide and arrange for the
provision of Export Trade Facilitation
Services;
b. Engage in promotional and
marketing activities and collect
information on trade opportunities in
the Export Markets and distribute such
information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping of
Products to Export Markets.
2. XCC may exchange information on
a one-to-one basis with individual
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9524
Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices
Suppliers regarding that Supplier’s
inventories and near-term production
schedules for the purpose of
determining the availability of Products
for export and coordinating exports with
distributors.
IV. Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operations,
XCC, including its officers, employees
or agents, will not intentionally
disclose, directly or indirectly, to any
Supplier (including parent companies,
subsidiaries, or other entities related to
any Supplier) any information about
any other Supplier’s costs, production,
capacity, inventories, domestic prices,
domestic sales, or U.S. business plans,
strategies, or methods that is not already
generally available to the trade or
public.
2. XCC will comply with requests
made by the Secretary of Commerce on
behalf of the Secretary of Commerce or
the Attorney General for information or
documents relevant to conduct under
the Certificate. The Secretary of
Commerce will request such
information or documents when either
the Attorney General or the Secretary of
Commerce believes that the information
or documents are required to determine
that the Export Trade, Export Trade
Activities and Methods of Operation of
a person protected by this Certificate of
Review continue to comply with the
standard of section 303(a) of the Act.
V. Definition
‘‘Supplier’’ means a person who
produces, provides, or sells Products,
Services, and/or Technology Rights.
pwalker on PROD1PC71 with NOTICES
VII. Effective Period of Certificate
This Certificate continues in effect
from the effective date indicated below
until it is relinquished, modified, or
revoked as provided in the Act and the
Regulations.
VerDate Aug<31>2005
16:34 Feb 20, 2008
Jkt 214001
Dated: February 15, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–3253 Filed 2–20–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
VI. Protection Provided by Certificate
This Certificate protects XCC and its
directors, officers, and employees acting
on its behalf, from private treble damage
actions and government criminal and
civil suits under U.S. federal and state
antitrust laws for the export conduct
specified in the Certificate and carried
out during its effective period in
compliance with its terms and
conditions.
VIII. Other Conduct
Nothing in this Certificate prohibits
XCC from engaging in conduct not
specified in this Certificate, but such
conduct is subject to the normal
application of U.S. antitrust laws.
IX. Disclaimer
The issuance of this Certificate of
Review to XCC by the Secretary of
Commerce with the concurrence of the
Attorney General under the provisions
of the Act does not constitute, explicitly
or implicitly, an endorsement or
opinion of the Secretary of Commerce or
the Attorney General concerning either
(a) the viability or quality of the
business plans of XCC or (b) the legality
of such business plans of XCC under the
laws of the United States (other than as
provided in the Act) or under the laws
of any foreign country.
The application of this Certificate to
conduct in export trade where the U.S.
Government is the buyer or where the
U.S. Government bears more than half
the cost of the transaction is subject to
the limitations set forth in section V.(D.)
of the ‘‘Guidelines for the Issuance of
Export Trade Certificates of Review
(Second Edition),’’ 50 FR 1786 (January
11, 1985).
A copy of the certificate will be kept
in the International Trade
Administration’s Freedom of
Information Records Inspection Facility,
Room 4100, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
National Oceanic and Atmospheric
Administration
RIN 0648–XF54
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; Tautog
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of non-compliance
referral.
AGENCY:
SUMMARY: NMFS announces that on
February 7, 2008, the Atlantic States
Marine Fisheries Commission
(Commission) found the State of New
Jersey out of compliance with the
Commission’s Interstate Fishery
Management Plan for Tautog (ISFMP).
Subsequently, the Commission referred
the matter to NMFS, under delegation of
authority from the Secretary of
Commerce, for federal non-compliance
review under the provisions of the
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Atlantic Coastal Fisheries Cooperative
Management Act (Atlantic Coastal Act).
The Atlantic Coastal Act mandates that
NMFS must review the Commission’s
non-compliance referral and make
specific findings within thirty (30) days
after receiving the referral. If NMFS
determines that New Jersey failed to
carry out its responsibilities under the
Tautog ISFMP, and if the measures it
failed to implement are necessary for
conservation, then, according to the
Atlantic Coastal Act, NMFS must
declare a moratorium on fishing for
tautog in New Jersey waters.
DATES: NMFS intends to make a
determination on this matter by March
11, 2008, and will publish its findings
in the Federal Register immediately
thereafter.
Harold C. Mears, Director,
State, Federal and Constituent Programs
Office, NMFS, Northeast Region, One
Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Bob
Ross, Fishery Management Specialist,
NMFS, Northeast Region, (978) 281–
9234, fax (978) 281–9117, e-mail
Bob.Ross@noaa.gov.
ADDRESSES:
Tautog
(Tautoga onitis), often known by the
common name ‘‘blackfish,’’ is a coastal
fish species ranging from Nova Scotia to
South Carolina, but most abundant from
the southern Gulf of Maine (lower
Massachusetts Bay and southern Cape
Cod Bay) to Chesapeake Bay. The
Commission manages this species
according to its Tautog ISFMP. The
Commission’s Tautog ISFMP can be
located at https://www.asmfc.org, (select
‘‘Interstate Fishery Management,’’ then
select ‘‘Tautog.’’)
The Commission Tautog ISFMP—
specifically Addendum IV and
Addendum V to the ISFMP—indicate
that states need to implement measures
that would reduce their tautog landings
by 25.6% in order to respond to
scientific concerns that tautog is being
overfished. New Jersey’s Marine Fishery
Council, however, in November 2007
refused to implement any further
measures causing the Commission on
February 7, 2008, to vote that New
Jersey was out of compliance with the
Tautog ISFMP. The Commission
subsequently referred its noncompliance finding to NMFS.
Federal response to a Commission
non-compliance referral is governed by
the Atlantic Coastal Act. Under the
Atlantic Coastal Act, the Secretary of
Commerce must make two (2) findings
within 30 days after receiving the noncompliance referral. First, the Secretary
of Commerce must determine whether
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 73, Number 35 (Thursday, February 21, 2008)]
[Notices]
[Pages 9523-9524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3253]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 07-00005]
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review to
XCC Exportz Inc. (Application No. 07-00005).
-----------------------------------------------------------------------
SUMMARY: On February 15, 2008, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to XCC Exportz Inc. (``XCC'').
This notice summarizes the conduct for which certification has been
granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number), or by E-
mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. sections 4001-21) authorizes the Secretary of
Commerce to issue Export Trade Certificates of Review. The regulations
implementing Title III are found at 15 CFR Part 325 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR 325.6(b), which requires the U.S. Department of
Commerce to publish a summary of the certification in the Federal
Register. Under section 305(a) of the Act and 15 CFR 325.11(a), any
person aggrieved by the Secretary's determination may, within 30 days
of the date of this notice, bring an action in any appropriate district
court of the United States to set aside the determination on the ground
that the determination is erroneous.
Description of Certified Conduct:
I. Export Trade
Products
All Products.
Services
All Services.
Technology Rights
Technology rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets, that relate to Products and
Services.
Export Trade Facilitation Services (as they relate to the export of
Products, Services, and Technology Rights)
Export Trade Facilitation Services, including, but not limited to,
professional services in the areas of government relations and
assistance with state and federal programs; foreign trade and business
protocol; consulting; market research and analysis; collection of
information on trade opportunities; marketing; negotiations; joint
ventures; shipping; export management; export licensing; advertising;
documentation and services related to compliance with customs
requirements; insurance and financing; trade show exhibitions;
organizational development; management and labor strategies; transfer
of technology; transportation services; and facilitating the formation
of shippers' associations.
II. Export Markets
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands).
III. Export Trade Activities and Methods of Operation
1. With respect to the sale of Products and Services, licensing of
Technology Rights and provision of Export Trade Facilitation Services,
XCC, subject to the terms and conditions listed below, may:
a. Provide and arrange for the provision of Export Trade
Facilitation Services;
b. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
c. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
e. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
Rights;
f. Allocate export orders among Suppliers;
g. Establish the price of Products, Services, and/or Technology
Rights for sales and/or licensing in Export Markets;
h. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights; and
i. Enter into contracts for shipping of Products to Export Markets.
2. XCC may exchange information on a one-to-one basis with
individual
[[Page 9524]]
Suppliers regarding that Supplier's inventories and near-term
production schedules for the purpose of determining the availability of
Products for export and coordinating exports with distributors.
IV. Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, XCC, including its officers, employees or agents, will not
intentionally disclose, directly or indirectly, to any Supplier
(including parent companies, subsidiaries, or other entities related to
any Supplier) any information about any other Supplier's costs,
production, capacity, inventories, domestic prices, domestic sales, or
U.S. business plans, strategies, or methods that is not already
generally available to the trade or public.
2. XCC will comply with requests made by the Secretary of Commerce
on behalf of the Secretary of Commerce or the Attorney General for
information or documents relevant to conduct under the Certificate. The
Secretary of Commerce will request such information or documents when
either the Attorney General or the Secretary of Commerce believes that
the information or documents are required to determine that the Export
Trade, Export Trade Activities and Methods of Operation of a person
protected by this Certificate of Review continue to comply with the
standard of section 303(a) of the Act.
V. Definition
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
VI. Protection Provided by Certificate
This Certificate protects XCC and its directors, officers, and
employees acting on its behalf, from private treble damage actions and
government criminal and civil suits under U.S. federal and state
antitrust laws for the export conduct specified in the Certificate and
carried out during its effective period in compliance with its terms
and conditions.
VII. Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked as
provided in the Act and the Regulations.
VIII. Other Conduct
Nothing in this Certificate prohibits XCC from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of U.S. antitrust laws.
IX. Disclaimer
The issuance of this Certificate of Review to XCC by the Secretary
of Commerce with the concurrence of the Attorney General under the
provisions of the Act does not constitute, explicitly or implicitly, an
endorsement or opinion of the Secretary of Commerce or the Attorney
General concerning either (a) the viability or quality of the business
plans of XCC or (b) the legality of such business plans of XCC under
the laws of the United States (other than as provided in the Act) or
under the laws of any foreign country.
The application of this Certificate to conduct in export trade
where the U.S. Government is the buyer or where the U.S. Government
bears more than half the cost of the transaction is subject to the
limitations set forth in section V.(D.) of the ``Guidelines for the
Issuance of Export Trade Certificates of Review (Second Edition),'' 50
FR 1786 (January 11, 1985).
A copy of the certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: February 15, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-3253 Filed 2-20-08; 8:45 am]
BILLING CODE 3510-DR-P
