Submission for OMB Review; Comment Request, 5916 [E9-2239]
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5916
Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices
DEPARTMENT OF COMMERCE
yshivers on PROD1PC62 with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: Bureau of Industry and
Security (BIS).
Title: Offsets in Military Exports.
OMB Control Number: 0694–0084.
Form Number(s): None.
Type of Request: Regular submission.
Burden Hours: 270.
Number of Respondents: 30.
Average Hours per Response: 9.
Needs and Uses: This information
collection is required by the Defense
Production Act. The Act requires United
States firms to furnish information to
the Department of Commerce regarding
offset agreements exceeding $5,000,000
in value associated with sales of weapon
systems or defense-related items to
foreign countries or foreign firms.
Offsets are industrial or commercial
compensation practices required as a
condition of purchase in either
government-to-government or
commercial sales of defense articles
and/or defense services as defined by
the Arms Export Control Act and the
International Traffic in Arms
Regulations. Such offsets are required
by most major trading partners when
purchasing U.S. military equipment or
defense-related items.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Mandatory.
OMB Desk Officer: Jasmeet Seehra,
(202) 395–3123.
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 7845, 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 Jasmeet Seehra, OMB Desk
Officer, FAX number (202) 395–5167, or
Jasmeet_K._Seehra@omb.eop.gov.
VerDate Nov<24>2008
12:52 Feb 02, 2009
Jkt 217001
Dated: January 29, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–2239 Filed 2–2–09; 8:45 am]
BIS’s Office of Export Enforcement had
advised race organizers that all regatta
participants required a Department of
Commerce export license prior to
exporting their vessel to Cuba. On or
about May 22, 2003, the Office of Export
BILLING CODE 3510–33–P
Enforcement met with [LaFleur] and
other regatta participants at the regatta’s
pre-launch party and informed [LaFleur]
DEPARTMENT OF COMMERCE
that a license was required for the
[Docket No. 07–BIS–0028]
temporary export of vessels to Cuba
during the regatta. On or about May 23,
Under Secretary for Industry and
2003, the Office of Export Enforcement
Security; In the Matter of: Wayne
provided [LaFleur] with a written letter
LaFleur, Respondent
indicating again that an export license
Final Decision and Order
was required by all regatta participants
who took their vessels to Cuba and that
This matter is before me upon a
a particular license that had been
Recommended Decision and Order
identified by some participants as
(‘‘RDO’’) of an Administrative Law
authority to take their vessel to Cuba
Judge (‘‘ALJ’’), as further described
during the regatta did not in fact
below.
In a charging letter filed on December authorize the temporary export of a
vessel. Pursuant to Section 746.2 of the
18, 2007, the Bureau of Industry and
Regulations, a license is required for the
Security (‘‘BIS’’) alleged that
export of vessels to Cuba and no license
Respondent Wayne LaFleur committed
was obtained for the export of the EKA
one violation of the Export
to Cuba. In temporarily exporting a
Administration Regulations (currently
codified at 15 CFR Parts 730–774 (2008) vessel to Cuba without the required
(‘‘Regulations’’)), issued pursuant to the license, [LaFleur] committed one
violation of Section 764.2(a) of the
Export Administration Act of 1979, as
amended (50 U.S.C. app. sections 2401– Regulations.
December 18, 2007 Charging Letter
2420 (2000)) (the ‘‘Act’’),1 when he
against Wayne LaFleur, at 1–2 (Exhibit
exported a vessel to Cuba during a
Q to BIS’s Motion for Decision).2
regatta without the license required by
On October 31, 2008, BIS filed a
the Regulations. Specifically, the charge
motion for decision on the record
against Respondent Wayne LaFleur is as
against Respondent LaFleur as to the
follows:
above charge. Based on the record
Charge 1 15 CFR 764.2(a)—Exporting a before him, the ALJ determined that
Vessel Without the Required License
reliable and substantial evidence
demonstrated clearly, under the
Between on or about May 22, 2003
applicable preponderance standard, that
through on or about May 31, 2003,
[LaFleur] engaged in conduct prohibited the facts described in the charging letter
more probably than not occurred as
by the Regulations when he exported
alleged by BIS. RDO, at 7.3 The ALJ
the vessel
found that LaFleur committed one
EKA, an item subject to the
violation of Section 764.2(a) of the
Regulations and classified on the
Regulations when he exported to Cuba
Commerce Control List under Export
the vessel EKA, an item subject to the
Control Classification Number
Regulations and classified under ECCN
(‘‘ECCN’’) 8A992.f, to Cuba during a
regatta without the required Department 8A992.f, without the export license
required by the Regulations. Id. The ALJ
of Commerce authorization. On more
also recommended, following
than one occasion prior to the regatta,
consideration of the record, that LaFleur
be assessed a monetary penalty of
1 From August 21, 1994 through November 12,
$8,000.00 and a denial of export
2000, the Act was in lapse. During that period, the
President, through Executive Order 12924, which
privileges for three years. RDO, at 10–
had been extended by successive Presidential
11. The ALJ further recommended that
Notices, the last of which was August 3, 2000 (3
the denial of export privileges be
CFR, 2000 Comp. 397 (2001)), continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C.
sections 1701–1707) (‘‘IEEPA’’). On November 13,
2000, the Act was reauthorized and 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)), which has been
extended by successive Presidential Notices, the
most recent being that of July 23, 2008 (73 FR
43603, July 25, 2008), has continued the
Regulations in effect under IEEPA.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
2 In the charging letter, LaFleur’s name was
inadvertently misspelled as ‘‘Lefleur’’, which BIS
sought to correct in its Motion for Decision. I agree
with the conclusion in the RDO that this spelling
change was not substantive and in no way
prejudiced LaFleur, who clearly understood that the
charging letter was addressed to him. RDO, at 3, fn.
4.
3 The certified record, including the original copy
of the RDO dated December 8, 2008, was received
in my office on December 11, 2008.
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Notices]
[Page 5916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2239]
[[Page 5916]]
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DEPARTMENT OF COMMERCE
Submission for OMB Review; Comment Request
The Department of Commerce will submit to the Office of Management
and Budget (OMB) for clearance the following proposal for collection of
information under the provisions of the Paperwork Reduction Act (44
U.S.C. Chapter 35).
Agency: Bureau of Industry and Security (BIS).
Title: Offsets in Military Exports.
OMB Control Number: 0694-0084.
Form Number(s): None.
Type of Request: Regular submission.
Burden Hours: 270.
Number of Respondents: 30.
Average Hours per Response: 9.
Needs and Uses: This information collection is required by the
Defense Production Act. The Act requires United States firms to furnish
information to the Department of Commerce regarding offset agreements
exceeding $5,000,000 in value associated with sales of weapon systems
or defense-related items to foreign countries or foreign firms. Offsets
are industrial or commercial compensation practices required as a
condition of purchase in either government-to-government or commercial
sales of defense articles and/or defense services as defined by the
Arms Export Control Act and the International Traffic in Arms
Regulations. Such offsets are required by most major trading partners
when purchasing U.S. military equipment or defense-related items.
Affected Public: Business or other for-profit organizations.
Frequency: On occasion.
Respondent's Obligation: Mandatory.
OMB Desk Officer: Jasmeet Seehra, (202) 395-3123.
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 7845, 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 Jasmeet Seehra, OMB Desk Officer, FAX number (202) 395-5167, or
Jasmeet_K._Seehra@omb.eop.gov.
Dated: January 29, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. E9-2239 Filed 2-2-09; 8:45 am]
BILLING CODE 3510-33-P
