Action Affecting Export Privileges; Performance Medical Supplies; In the Matter of: Performance Medical Supplies, 16 Gardenia Cresent, Cheltenham, Victoria 3192, Australia; Respondent; Order Relating to Performance Medical Supplies, 69733-69734 [05-22782]
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Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices
Proposed Action
The proposed action will result in
reducing seepage from the lateral
ditches and increasing the irrigation
efficiency to reduce deep percolation on
2,800 acres.
This action will consist of piping or
concrete lining 45,000 linear feet of
earthen irrigation ditches. On-farm
irrigation improvements would consist
of improved surface application systems
and sprinkler irrigation.
The estimated total construction cost
for the pipeline and sprinkler systems is
$3,546,000. The total estimated project
cost is $4,964,400. It is recommended
that the federal cost-share used to
implement the plan not be greater than
75 percent. A cost effectiveness analysis
was used to determine the annual cost
per ton of salt reduction.
agencies did not reveal any violations of
any laws, including the National
Environmental Policy Act.
Many of the wetlands in the project
area are ‘‘irrigation induced.’’ A
minimal number of these acres would
be impacted. Wetland functions for the
majority of these are already impacted
by the land use associated with them.
The distribution and size of these
wetlands is not likely to change.
The water quality of the Colorado
River will be enhanced due to a
reduction in salt loading from
agriculture.
The agricultural producers
participating in the project will benefit
from the labor savings associated with
implementation of improved on-farm
irrigation application systems.
Basic Conclusions
The conservation treatment associated
with the proposed action will not
change the air quality or potable water
quality of the area. The project will not
create any new hazards to the
transportation network within the
effected project area. For these reasons
it is felt that the public health and safety
conditions of the effected area will not
be significantly impacted.
There are no known unique
geographic features in the project area
that could be impacted by the proposed
action.
During the inter-agency review
process of the project plan no highly
controversial effects were identified.
Past experience with similar projects
in the area provide a high degree of
confidence in the predicted impacts of
the proposed actions.
This project is not unusual in nature
and is quite similar to a project
currently being implemented in Mesa
County. For this reason we feel
confident that no precedents are being
set with this project.
No significant individual or
cumulative effects to the human
environment are expected when
considering the context and intensity of
the proposed action.
Our project investigations did not
identify any cultural resource sites
currently listed on the National List of
Historic Places. In light of this, the
proposed action will not impact any
such sites.
Threatened and endangered species
habitats do exist within the project
boundaries. The proposed treatment
will not change the extent or
composition of this habitat therefore no
impact is anticipated.
Communications with State and
Federal natural resource management
I find that the proposed action is not
a major Federal action significantly
affecting the quality of the human
environment.
VerDate Aug<31>2005
17:38 Nov 16, 2005
Jkt 208001
Ultimate Conclusion
Dennis Alexander,
Assistant State Conservationist-Programs.
[FR Doc. 05–22809 Filed 11–16–05; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 05–BIS–03]
Action Affecting Export Privileges;
Performance Medical Supplies; In the
Matter of: Performance Medical
Supplies, 16 Gardenia Cresent,
Cheltenham, Victoria 3192, Australia;
Respondent; Order Relating to
Performance Medical Supplies
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has initiated an administrative
proceeding against Performance Medical
Supplies (‘‘Performance Medical
Supplies’’) pursuant to Section 766.3 of
the Export Administration Regulations
(currently codified at 15 CFR Parts 730–
774 (2005)) (‘‘Regulations’’),1 and
Section 13(c) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420 (2000))
(‘‘Act’’),2 through issuance of a charging
1 The
violations charged occurred in 2000. The
Regulations governing the violations at issue are
found in the 2000 version of the Code of Federal
Regulations (15 CFR Parts 730–774 (2000)). The
2005 Regulations establish the procedures that
apply to this matter.
2 From August 21, 1994 through November 12,
2000, the Act was in lapse. During that period, the
President, through Executive Order 12924, which
had been extended by successive Presidential
Notices, the last of which was August 3, 2000 (3
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
69733
letter to Performance Medical Supplies
that alleged that Performance Medical
Supplies committed 10 violations of the
Regulations. Specifically, the charges
are:
1. One violation of 15 CFR 764.2(d)—
Conspiracy to Export Physical Therapy
Equipment to Iran Without the Required
U.S. Government Authorizations: In or
about April 2000, Performance Medical
Supplies conspired and acted in concert
with others, known and unknown, to
bring about acts that constitute
violations of the Regulations by
knowingly participating in the export of
physical therapy equipment from the
United States, via Australia, to Iran
without the required U.S. Government
authorization. Pursuant to Section 746.7
of the Regulations, authorization was
required from the Office of Foreign
Assets Control, U.S. Department of the
Treasury (‘‘OFAC’’) before the physical
therapy equipment, items subject to the
Regulations and the Iranian
Transactions Regulations, could be
exported from the United States to Iran.
In furtherance of conspiracy,
Performance Medical Supplies and its
co-conspirator devised and employed a
scheme under which Performance
Medical Supplies would purchase the
items from its co-conspirator in the
United States and would then forward
the items to Iran.
2. Three violations of 15 CFR
764.2(b)—Aiding the Export of Physical
Therapy Equipment to Iran Without the
Required U.S. Government
Authorization: From on or about March
28, 2000 through and including April 7,
2000, Performance Medical Supplies
engaged in conduct prohibited by
Regulations when it, on three occasions,
aided the export of physical therapy
equipment from the United States to
Iran, via Australia, without the required
U.S. Government authorization.
Pursuant to Section 746.7 of the
Regulations, authorization from OFAC
was required for the export of physical
therapy equipment, items subject to the
Regulations and the Iranian
Transactions Regulations, from the
United States to Iran. The U.S. exporter
did not have OFAC authorization for the
export.
CFR 2000 Comp. 397 (2001)), continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the
Act was reauthorized and it 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)), as extended by the Notice
of August 2, 2005 (70 FR 45273, August 5, 2005),
has continued the Regulations in effect under
IEEPA.
E:\FR\FM\17NON1.SGM
17NON1
69734
Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices
3. Three violations of 15 CFR
764.2(e)—Ordering Physical Therapy
Equipment With Knowledge That a
Violation of the Regulations Was to
Occur: On three occasions, Performance
Medical Supplies ordered physical
therapy equipment with knowledge that
violations of the Regulations would
occur. At all times relevant hereto,
Performance Medical Supplies knew
that prior authorization was required
from the U.S. Government to export the
physical therapy equipment, items
subject to the Regulations and the
Iranian Transactions Regulations, from
the United States to Iran. Performance
Medical Supplies ordered the items
knowing that they would be exported to
Iran without the required U.S.
Government authorization.
4. Three Violations of 15 CFR
764.2(h)—Actions to Evade the
Requirements of the Regulations: On
three occasions, Performance Medical
Supplies took actions to evade the U.S.
Government’s licensing requirements
for the export of physical therapy
equipment to Iran. Specifically,
Performance Medical Supplies
participated in the routing of sales to
Iran through Australia to conceal the
fact that the physical therapy equipment
was destined for Iran.
Whereas, BIS and Performance
Medical Supplies have entered into a
Settlement Agreement pursuant to
Section 766.18(b) of the Regulations
whereby they agreed to settle this matter
in accordance with the terms and
conditions set forth therein, and
Whereas, I have approved of the terms
of such Settlement Agreement;
It Is Therefore Ordered:
First, for a period of five years from
the date of entry of the Order,
Performance Medical Supplies, 16
Gardenia Cresent, Cheltenham, Victoria
3192, Australia, its successors or
assigns, and when acting for or on
behalf of Performance Medical Supplies,
its officers, representatives, agents, or
employees (‘‘Denied Person’’) may not
participate, directly or indirectly, in any
way in any transaction involving any
commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
VerDate Aug<31>2005
17:38 Nov 16, 2005
Jkt 208001
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquired or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, that, to prevent evasion of this
Order, BIS, after notice and opportunity
for comment as provided in Section
766.23 of the Regulations, may make
any person, firm, corporation, or
business organization related to
Performance Medical Supplies by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Fifth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Sixth, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
This Order, which constitutes the
final agency action in this matter, is
effective upon publication in the
Federal Register.
Entered this 9th day of November 2005.
Darryl W. Jackson,
Assistant Secretary of Commerce, for Export
Enforcement.
[FR Doc. 05–22782 Filed 11–16–05; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–865]
Certain Hot–Rolled Carbon Steel Flat
Products From the People’s Republic
of China; Notice of Amended Final
Determination Pursuant to Court
Decision
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 17, 2005.
SUMMARY: On March 15, 2005, the
United States Court of International
Trade (‘‘CIT’’) issued an order
sustaining the Department of
Commerce’s (‘‘the Department’’) second
remand determination of the Final
Determination of Sales at Less Than
Fair Value: Certain Hot Rolled Carbon
Steel Flat Products from the People’s
Republic of China, 66 FR 49632
(September 28, 2001) (‘‘Final
Determination’’). See Anshan Iron &
Steel Co. v. United States, 366 F. Supp.
2d 128 (CIT 2005). Because all litigation
in this matter has now concluded, the
Department is issuing its amended final
determination in accordance with the
CIT’s decision.
FOR FURTHER INFORMATION CONTACT:
Carrie Blozy, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–5403.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\17NON1.SGM
17NON1
]]>Agencies
[Federal Register Volume 70, Number 221 (Thursday, November 17, 2005)]
[Notices]
[Pages 69733-69734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22782]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 05-BIS-03]
Action Affecting Export Privileges; Performance Medical Supplies;
In the Matter of: Performance Medical Supplies, 16 Gardenia Cresent,
Cheltenham, Victoria 3192, Australia; Respondent; Order Relating to
Performance Medical Supplies
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has initiated an administrative proceeding against
Performance Medical Supplies (``Performance Medical Supplies'')
pursuant to Section 766.3 of the Export Administration Regulations
(currently codified at 15 CFR Parts 730-774 (2005))
(``Regulations''),\1\ and Section 13(c) of the Export Administration
Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (``Act''),\2\
through issuance of a charging letter to Performance Medical Supplies
that alleged that Performance Medical Supplies committed 10 violations
of the Regulations. Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The violations charged occurred in 2000. The Regulations
governing the violations at issue are found in the 2000 version of
the Code of Federal Regulations (15 CFR Parts 730-774 (2000)). The
2005 Regulations establish the procedures that apply to this matter.
\2\ From August 21, 1994 through November 12, 2000, the Act was
in lapse. During that period, the President, through Executive Order
12924, which had been extended by successive Presidential Notices,
the last of which was August 3, 2000 (3 CFR 2000 Comp. 397 (2001)),
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000))
(``IEEPA''). On November 13, 2000, the Act was reauthorized and it
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)), as extended
by the Notice of August 2, 2005 (70 FR 45273, August 5, 2005), has
continued the Regulations in effect under IEEPA.
---------------------------------------------------------------------------
1. One violation of 15 CFR 764.2(d)--Conspiracy to Export Physical
Therapy Equipment to Iran Without the Required U.S. Government
Authorizations: In or about April 2000, Performance Medical Supplies
conspired and acted in concert with others, known and unknown, to bring
about acts that constitute violations of the Regulations by knowingly
participating in the export of physical therapy equipment from the
United States, via Australia, to Iran without the required U.S.
Government authorization. Pursuant to Section 746.7 of the Regulations,
authorization was required from the Office of Foreign Assets Control,
U.S. Department of the Treasury (``OFAC'') before the physical therapy
equipment, items subject to the Regulations and the Iranian
Transactions Regulations, could be exported from the United States to
Iran. In furtherance of conspiracy, Performance Medical Supplies and
its co-conspirator devised and employed a scheme under which
Performance Medical Supplies would purchase the items from its co-
conspirator in the United States and would then forward the items to
Iran.
2. Three violations of 15 CFR 764.2(b)--Aiding the Export of
Physical Therapy Equipment to Iran Without the Required U.S. Government
Authorization: From on or about March 28, 2000 through and including
April 7, 2000, Performance Medical Supplies engaged in conduct
prohibited by Regulations when it, on three occasions, aided the export
of physical therapy equipment from the United States to Iran, via
Australia, without the required U.S. Government authorization. Pursuant
to Section 746.7 of the Regulations, authorization from OFAC was
required for the export of physical therapy equipment, items subject to
the Regulations and the Iranian Transactions Regulations, from the
United States to Iran. The U.S. exporter did not have OFAC
authorization for the export.
[[Page 69734]]
3. Three violations of 15 CFR 764.2(e)--Ordering Physical Therapy
Equipment With Knowledge That a Violation of the Regulations Was to
Occur: On three occasions, Performance Medical Supplies ordered
physical therapy equipment with knowledge that violations of the
Regulations would occur. At all times relevant hereto, Performance
Medical Supplies knew that prior authorization was required from the
U.S. Government to export the physical therapy equipment, items subject
to the Regulations and the Iranian Transactions Regulations, from the
United States to Iran. Performance Medical Supplies ordered the items
knowing that they would be exported to Iran without the required U.S.
Government authorization.
4. Three Violations of 15 CFR 764.2(h)--Actions to Evade the
Requirements of the Regulations: On three occasions, Performance
Medical Supplies took actions to evade the U.S. Government's licensing
requirements for the export of physical therapy equipment to Iran.
Specifically, Performance Medical Supplies participated in the routing
of sales to Iran through Australia to conceal the fact that the
physical therapy equipment was destined for Iran.
Whereas, BIS and Performance Medical Supplies have entered into a
Settlement Agreement pursuant to Section 766.18(b) of the Regulations
whereby they agreed to settle this matter in accordance with the terms
and conditions set forth therein, and
Whereas, I have approved of the terms of such Settlement Agreement;
It Is Therefore Ordered:
First, for a period of five years from the date of entry of the
Order, Performance Medical Supplies, 16 Gardenia Cresent, Cheltenham,
Victoria 3192, Australia, its successors or assigns, and when acting
for or on behalf of Performance Medical Supplies, its officers,
representatives, agents, or employees (``Denied Person'') may not
participate, directly or indirectly, in any way in any transaction
involving any commodity, software or technology (hereinafter
collectively referred to as ``item'') exported or to be exported from
the United States that is subject to the Regulations, or in any other
activity subject to the Regulations, including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquired
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Third, that, to prevent evasion of this Order, BIS, after notice
and opportunity for comment as provided in Section 766.23 of the
Regulations, may make any person, firm, corporation, or business
organization related to Performance Medical Supplies by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services subject to the provisions of this Order.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Fifth, that the charging letter, the Settlement Agreement, this
Order, and the record of this case as defined by Section 766.20 of the
Regulations shall be made available to the public.
Sixth, that the administrative law judge shall be notified that
this case is withdrawn from adjudication.
This Order, which constitutes the final agency action in this
matter, is effective upon publication in the Federal Register.
Entered this 9th day of November 2005.
Darryl W. Jackson,
Assistant Secretary of Commerce, for Export Enforcement.
[FR Doc. 05-22782 Filed 11-16-05; 8:45 am]
BILLING CODE 3510-DT-M
