Action Affecting Export Privileges; Micei International; In the Matter of: Micei International, Respondent; Order Staying Enforcement of Final Decision and Order Pending Appeal, 38394 [E9-18428]
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38394
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
species, as well as the interactions
between them; (3) determine the
quantity and distribution of net benefits
derived from living marine resources;
(4) predict the biological, ecological,
and economic impacts of existing
management action and proposed
management options; and (5) ensure
that the observer programs can safely
and efficiently collect the information
required for the previous four uses.
In particular, these biological and
economic data collection programs
contribute to analyses required under
the MSA, the Endangered Species Act
(ESA), the MMPA, the National
Environmental Policy Act (NEPA), the
Regulatory Flexibility Act (RFA),
Executive Order 12866 (EO 12866), as
well as a variety of state statutes. The
confidentiality of the data will be
protected as required by law.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Some
mandatory (e.g., vessel safety checks),
most voluntary.
OMB Desk Officer: David Rostker,
(202) 395–3897.
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 David Rostker, OMB Desk
Officer, FAX number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: July 28, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–18376 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–22–P
Final Decision and Order (the ‘‘Order’’)
in this administrative enforcement
proceeding against Respondent Micei
International (‘‘Micei’’) on May 14,
2009, which was effective upon
publication in the Federal Register on
May 26, 2009. 74 FR 24788 (May 26,
2009). The Order affirmed the
Administrative Law Judge’s
Recommended Decision and Order
finding, in accordance with Section
766.7 (Default Order) of the Export
Administration Regulations (the
‘‘Regulations’’),1 that Micei had waived
its right to contest the allegations
contained in the (amended) charging
letter issued by the Bureau of Industry
and Security (‘‘BIS’’), and that Micei
had, as alleged, committed 14 violations
of the Regulations. The allegations
involved Micei’s knowing participation
in seven export transactions using an
individual subject to a Denial Order as
an employee or agent to negotiate for
and purchase items in the United States
for export from the United States to
Micei in Macedonia. The Order also
affirmed the recommended sanctions of
a civil penalty of $126,000, and a denial
of Micei’s export privileges for a period
of five years.
On May 19, 2009, Micei filed a
Petition for Immediate Stay of
Publication and Enforcement of Final
Decision and Order Pending Outcome of
Respondent’s Petition To Set Aside
Default and Vacate Final Decision and
Order or Alternatively Pending Appeal
(‘‘Stay Petition’’).2 On June 30, 2009,
Micei filed a Motion for Stay Pending
Appeal (‘‘Stay Motion’’) with the United
States Court of Appeals for the District
of Columbia Circuit (‘‘D.C. Circuit’’),
seeking a stay of the Order pending
appeal.3
In its June 30 filing with the DC
Circuit, Micei made a number of
assertions and presented documentary
materials that were not part of the Stay
Petition it had filed with BIS. BIS is
continuing to evaluate and investigate
questions surrounding the accuracy and
foundation of those assertions, but
nonetheless does not wish further delay
in addressing and resolving the merits
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
sroberts on DSKD5P82C1PROD with NOTICES
[08–BIS–0005]
Action Affecting Export Privileges;
Micei International; In the Matter of:
Micei International, Respondent; Order
Staying Enforcement of Final Decision
and Order Pending Appeal
The Acting Under Secretary of
Commerce for Industry and Security
(‘‘Acting Under Secretary’’) issued a
VerDate Nov<24>2008
16:05 Jul 31, 2009
Jkt 217001
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2009). The violations at issue, which occurred
in 2003, are governed by the 2003 version of the
Code of Federal Regulations. 15 CFR parts 730–774
(2003). The 2009 Regulations govern the procedural
aspects of this case.
2 On May 19, 2009, Micei also filed with BIS a
Petition To Set Aside Default and Vacate Final
Decision and Order. On June 26, 2009, Micei filed
a notice with BIS to withdraw that petition, but did
not address the Stay Petition it had filed with BIS.
3 Micei had previously filed a Notice of Appeal
to the DC Circuit on May 29, 2009. Micei
subsequently filed a second Notice of Appeal on
June 29, 2009, petitioning for review of the Order.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
of Micei’s petition for review. In
addition, Micei has recently hired new
U.S-based counsel and there are some
indications that Micei may be prepared
to more meaningfully engage on the
issues.
Based on the circumstances here, I
have decided, in performing duties
delegated to me by the Acting Under
Secretary, to stay enforcement of the
Order pending resolution of the DC
Circuit appeal.4
Accordingly, it is hereby ordered that
enforcement of the Final Decision and
Order against Micei International, dated
May 14, 2009, and effective on May 26,
2009, is henceforth stayed pending
resolution of the petition for review
currently before the United States Court
of Appeals for the District of Columbia
Circuit.
This Order is effective immediately
and shall be published in the Federal
Register.
Dated: July 24, 2009.
Gay Shrum,
Acting Deputy Under Secretary of Commerce
for Industry and Security.
[FR Doc. E9–18428 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review;
Comment Request
The United States Patent and
Trademark Office (USPTO) 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: United States Patent and
Trademark Office (USPTO).
Title: Trademark Petitions.
Form Number(s): None.
Agency Approval Number: 0651–
00xx.
Type of Request: New collection.
Burden: 862 hours.
Number of Respondents: 953
responses.
Avg. Hours per Response: 30 minutes
(0.50 hours) to one hour. This includes
time to gather the necessary
information, create the documents, and
submit the completed request to the
USPTO.
Needs and Uses: The information
described in this collection is used by
the public for a variety of private
4 This determination does not constitute a finding
or conclusion that BIS agrees with the assertions or
evidentiary materials included in Micei’s Stay
Motion (or Stay Petition).
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Page 38394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18428]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[08-BIS-0005]
Action Affecting Export Privileges; Micei International; In the
Matter of: Micei International, Respondent; Order Staying Enforcement
of Final Decision and Order Pending Appeal
The Acting Under Secretary of Commerce for Industry and Security
(``Acting Under Secretary'') issued a Final Decision and Order (the
``Order'') in this administrative enforcement proceeding against
Respondent Micei International (``Micei'') on May 14, 2009, which was
effective upon publication in the Federal Register on May 26, 2009. 74
FR 24788 (May 26, 2009). The Order affirmed the Administrative Law
Judge's Recommended Decision and Order finding, in accordance with
Section 766.7 (Default Order) of the Export Administration Regulations
(the ``Regulations''),\1\ that Micei had waived its right to contest
the allegations contained in the (amended) charging letter issued by
the Bureau of Industry and Security (``BIS''), and that Micei had, as
alleged, committed 14 violations of the Regulations. The allegations
involved Micei's knowing participation in seven export transactions
using an individual subject to a Denial Order as an employee or agent
to negotiate for and purchase items in the United States for export
from the United States to Micei in Macedonia. The Order also affirmed
the recommended sanctions of a civil penalty of $126,000, and a denial
of Micei's export privileges for a period of five years.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2009). The violations
at issue, which occurred in 2003, are governed by the 2003 version
of the Code of Federal Regulations. 15 CFR parts 730-774 (2003). The
2009 Regulations govern the procedural aspects of this case.
---------------------------------------------------------------------------
On May 19, 2009, Micei filed a Petition for Immediate Stay of
Publication and Enforcement of Final Decision and Order Pending Outcome
of Respondent's Petition To Set Aside Default and Vacate Final Decision
and Order or Alternatively Pending Appeal (``Stay Petition'').\2\ On
June 30, 2009, Micei filed a Motion for Stay Pending Appeal (``Stay
Motion'') with the United States Court of Appeals for the District of
Columbia Circuit (``D.C. Circuit''), seeking a stay of the Order
pending appeal.\3\
---------------------------------------------------------------------------
\2\ On May 19, 2009, Micei also filed with BIS a Petition To Set
Aside Default and Vacate Final Decision and Order. On June 26, 2009,
Micei filed a notice with BIS to withdraw that petition, but did not
address the Stay Petition it had filed with BIS.
\3\ Micei had previously filed a Notice of Appeal to the DC
Circuit on May 29, 2009. Micei subsequently filed a second Notice of
Appeal on June 29, 2009, petitioning for review of the Order.
---------------------------------------------------------------------------
In its June 30 filing with the DC Circuit, Micei made a number of
assertions and presented documentary materials that were not part of
the Stay Petition it had filed with BIS. BIS is continuing to evaluate
and investigate questions surrounding the accuracy and foundation of
those assertions, but nonetheless does not wish further delay in
addressing and resolving the merits of Micei's petition for review. In
addition, Micei has recently hired new U.S-based counsel and there are
some indications that Micei may be prepared to more meaningfully engage
on the issues.
Based on the circumstances here, I have decided, in performing
duties delegated to me by the Acting Under Secretary, to stay
enforcement of the Order pending resolution of the DC Circuit
appeal.\4\
---------------------------------------------------------------------------
\4\ This determination does not constitute a finding or
conclusion that BIS agrees with the assertions or evidentiary
materials included in Micei's Stay Motion (or Stay Petition).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered that enforcement of the Final
Decision and Order against Micei International, dated May 14, 2009, and
effective on May 26, 2009, is henceforth stayed pending resolution of
the petition for review currently before the United States Court of
Appeals for the District of Columbia Circuit.
This Order is effective immediately and shall be published in the
Federal Register.
Dated: July 24, 2009.
Gay Shrum,
Acting Deputy Under Secretary of Commerce for Industry and Security.
[FR Doc. E9-18428 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DT-P
