Action Affecting Export Privileges; Winter Aircraft Products SA and Iberair Lines; Order Making Denial of Export Privileges Applicable to Related Person, 31677-31678 [E8-12293]
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices
Fifth, that this Order shall be
published in the Federal Register and a
copy provided to the Related Person.
This Order is effective upon
publication in the Federal Register.
Entered this 19th day of May, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–12292 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Winter Aircraft Products SA and Iberair
Lines; Order Making Denial of Export
Privileges Applicable to Related
Person
ebenthall on PRODPC60 with NOTICES
In the Matter of:
Winter Aircraft Products SA
a/k/a Ruf S. Lopez SA
C/Ferrocarril 41
1 DCHA
28045 Madrid, Spain
Respondent
and
Iberair Lines
(a/k/a ‘‘Desarrollos Ind. Iberair, SL’’)
(a/k/a ‘‘Desarrollos Empresariales Iberair L’’)
Avda Mediterraneo No. 9
28007 Madrid, Spain
Related Person.
Pursuant to section 766.23 of the
Export Administration Regulations
(‘‘EAR’’ or ‘‘Regulations’’), the Bureau of
Industry and Security (‘‘BIS’’), U.S.
Department of Commerce, through its
Office of Export Enforcement (‘‘OEE’’),
has requested that I make the Denial
Order that was imposed against Winter
Aircraft Products SA (a/k/a Ruf S. Lopez
SA) (‘‘Winter Aircraft’’) on May 24, 2007
(72 FR 29965) applicable to the
following entity, as a person related to
Winter Aircraft:
Iberair Lines
(a/k/a ‘‘Desarrollos Ind. Iberair, SL’’),
(a/k/a ‘‘Desarrollos Empresariales Iberair
L’’),
Avda Mediterraneo No. 9,
28007 Madrid, Spain.
Section 766.23 of the Regulations
provides that ‘‘[i]n order to prevent
evasion, certain types of orders under
this part may be made applicable not
only to the respondent, but also to other
persons then or thereafter related to the
respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. Orders that may be made
applicable to related persons include
those that deny or affect export
privileges . * * *’’ 15 CFR 766.23(a).
VerDate Aug<31>2005
14:18 Jun 02, 2008
Jkt 214001
On May 24, 2007, an Order pursuant
to Part 766 of the Regulations imposing
a ten-year denial of export privileges
against Winter Aircraft Products SA, of
Madrid Spain (a/k/a Ruf. Lopez SA),
Rufina Sanchez Lopez, Principal of
Winter Aircraft, and Jose Alberto Diaz
Sanchez, President of Winter Aircraft,
were published in the Federal Register
to conclude administrative charges
pending against these parties. See 72 FR
29960, 29963, 29965 (June 6, 2005).
Winter Aircraft was found to have taken
actions with intent to evade the
Regulations by acquiring aircraft parts,
items subject to the Regulations and
classified under Export Control
Classification Number (‘‘ECCN’’) 9A991,
from U.S. suppliers with intent to
transship such items to Iran without the
necessary license from the U.S.
Government. The violations occurred
from on or about on or about October
19, 2000, and on or about November 22,
2000.
The May 24, 2007 Order imposed
against Winter Aircraft is an order that
may be made applicable to related
persons pursuant to section 766.23 upon
evidence that indicates that the person
is related to Winter Aircraft by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business, and that it is necessary to add
this entity to the Order imposed against
Winter Aircraft in order to avoid
evasion of that Order.
BIS has presented evidence that
Iberair Lines, Avda Mediterraneo No. 9,
28007 Madrid, Spain, also located at
Calle Canarias No. 9, 28045 Madrid,
Spain (a/k/a ‘‘Desarrollos Ind. Iberair,
SL’’) (a/k/a ‘‘Desarrollos Empresariales
Iberair L’’) (‘‘Iberair Lines’’) is related to
Winter Aircraft by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business, and that it is necessary to
add Iberair Lines to the Order imposed
against Winter Aircraft in order to avoid
evasion of that Order.
BIS notified Iberair Lines of its plans
to take this action through letters dated
January 23, 2008, and March 5, 2008, in
accordance with sections 766.5(b) and
766.23 of the Regulations. Iberair Lines
submitted a letter to BIS dated March
14, 2008, opposing its addition to the
Order.
It is my belief based on all the
evidence presented in this matter that
Iberair Lines’ relationship with Winter
Aircraft meets the requirements of
section 766.23 of the Regulations.
Accordingly, I find that it is necessary
to make the Order imposed against
Winter Aircraft applicable to Iberair
PO 00000
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Fmt 4703
Sfmt 4703
31677
Lines in order to prevent the evasion of
that Order.
It Is Now Therefore Ordered,
First, that having been provided
notice and opportunity for comment as
provided in section 766.23 of the
Regulations, Iberair Lines, Avda
Mediterraneo No. 9, 28007 Madrid,
Spain, also located at Calle Canarias No.
9, 28045 Madrid, Spain (a/k/a
‘‘Desarrollos Ind. Iberair, SL’’) (a/k/a
‘‘Desarrollos Empresariales Iberair L’’)
(‘‘Related Person’’), has been
determined to be related to Winter
Aircraft, Products SA, a/k/a Ruf S.
Lopez SA, C/Ferrocarril 41, 1 DCHA,
28045 Madrid, Spain (‘‘Winter
Aircraft’’), by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services,
and it has been deemed necessary to
make the Order denying the export
privileges of Winter Aircraft applicable
to this Related Person in order to
prevent evasion of the Order.
Second, that the denial of export
privileges described in the Order against
Winter Aircraft, which was published in
the Federal Register on May 24, 2007 at
72 FR 29965, shall be made applicable
to the Related Person, as follows:
I. The Related Person, its successors
or assigns, and when acting for or on
behalf of the Related Person, its officers,
representatives, agents, or employees
(collectively, ‘‘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. Benefiting 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.
II. No person may, directly or
indirectly, do any of the following:
E:\FR\FM\03JNN1.SGM
03JNN1
ebenthall on PRODPC60 with NOTICES
31678
Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices
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
acquires 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 in accordance with the
provisions of section 766.23(c) of the
Regulations, the Related Person may, at
any time, make an appeal related to this
Order by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
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 this Order shall be
published in the Federal Register and a
copy provided to the Related Person.
This Order is effective upon
publication in the Federal Register.
VerDate Aug<31>2005
14:18 Jun 02, 2008
Jkt 214001
Entered this 19th day of May, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–12293 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Announcement of Meeting to Explore
Feasibility of Establishing a NIST/
Industry Consortium on
Characterization and Modeling of the
Surface/Interface of Polymeric
Materials and Systems
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of Public Meeting.
AGENCY:
SUMMARY: The National Institute of
Standards and Technology (NIST)
invites interested parties to attend a preconsortium meeting on June 13, 2008 to
be held on the NIST campus. The goal
of the one-day meeting is to evaluate
industry interest in creating a NIST/
industry consortium focused on the
characterization and modeling of the
surface and interface of polymeric
materials and composites.
DATES: The meeting will take place on
Friday, June 13, 2008 from 9 a.m. to 12
p.m.
ADDRESSES: The meeting will be held in
Building 226 room A368 on the NIST
Gaithersburg campus, 100 Bureau Drive,
Gaithersburg, MD 20899. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Aaron M. Forster, Chris A. Michaels, or
Lipiin Sung; National Institute of
Standards and Technology, 100 Bureau
Drive, Stop 8615, Gaithersburg, MD
20899–8615, USA; Telephone: (301)
975–8701; Fax (301) 990–6891; E-mail:
aaron.forster@nist.gov,
chris.michaels@nist.gov,
lipiin.sung@nist.gov.
SUPPLEMENTARY INFORMATION: The
National Institute of Standards and
Technology (NIST) invites interested
parties to attend a pre-consortium
meeting on June 13, 2008 to be held on
the NIST campus. The goal of the oneday meeting is to evaluate industry
interest in creating a NIST/industry
consortium focused on the
characterization and modeling of the
surface and interface of polymeric
materials and composites. The goals of
such a consortium would include the
development of measurement science to
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Sfmt 4703
evaluate performance and optical
properties of polymeric materials
utilizing techniques to measure surface
mechanical properties, scratch and mar
resistance, and fracture at interfaces.
The consortium would be administered
by NIST. Consortium research and
development would be conducted by
NIST staff members along with at least
one technical representative from each
participating member company.
Membership fees for participation in the
consortium will be Twenty-five
Thousand ($25,000) per year. The initial
term of the consortium is intended to be
three years.
All visitors to the NIST site are
required to pre-register to be admitted.
Anyone wishing to attend this meeting
must register by close of business
Thursday, June 12, 2008, in order to
attend. Please submit your name, time
of arrival, e-mail address and phone
number to Aaron Forster and he will
provide you with instructions for
admittance. Non-U.S. citizens must also
submit their country of citizenship, title,
employer/sponsor, and address. Aaron
Forster’s e-mail address is
aaron.forster@nist.gov and his phone
number is (301) 975–8701.
Dated: May 23, 2008.
Richard F. Kayser,
Chief Scientist.
[FR Doc. E8–12362 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Notice of Prospective Grant of
Exclusive Patent License
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of Prospective Grant of
Exclusive Patent License.
AGENCY:
SUMMARY: This is a notice in accordance
with 35 U.S.C. 209(c)(1) and 37 CFR
404.7(a)(1)(i) that the National Institute
of Standards and Technology (‘‘NIST’’),
U.S. Department of Commerce, is
contemplating the grant of an exclusive
license in the United States of America,
its territories, possessions and
commonwealths, to NIST’s interest in
the invention embodied in U.S. Patent
No. 6,168,755 (Application No. 09/321/
113), titled ‘‘High Nitrogen Stainless
Steel,’’ NIST Docket No. 98–025 to
Carpenter Technology Corporation Inc.,
having a place of business at 101 West
Bern Street, Reading, PA 19601. The
grant of the license would be for the
field of use: Biomedical Applications.
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Notices]
[Pages 31677-31678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12293]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Winter Aircraft Products SA
and Iberair Lines; Order Making Denial of Export Privileges Applicable
to Related Person
In the Matter of:
Winter Aircraft Products SA
a/k/a Ruf S. Lopez SA
C/Ferrocarril 41
1 DCHA
28045 Madrid, Spain
Respondent
and
Iberair Lines
(a/k/a ``Desarrollos Ind. Iberair, SL'')
(a/k/a ``Desarrollos Empresariales Iberair L'')
Avda Mediterraneo No. 9
28007 Madrid, Spain
Related Person.
Pursuant to section 766.23 of the Export Administration Regulations
(``EAR'' or ``Regulations''), the Bureau of Industry and Security
(``BIS''), U.S. Department of Commerce, through its Office of Export
Enforcement (``OEE''), has requested that I make the Denial Order that
was imposed against Winter Aircraft Products SA (a/k/a Ruf S. Lopez SA)
(``Winter Aircraft'') on May 24, 2007 (72 FR 29965) applicable to the
following entity, as a person related to Winter Aircraft:
Iberair Lines
(a/k/a ``Desarrollos Ind. Iberair, SL''),
(a/k/a ``Desarrollos Empresariales Iberair L''),
Avda Mediterraneo No. 9,
28007 Madrid, Spain.
Section 766.23 of the Regulations provides that ``[i]n order to
prevent evasion, certain types of orders under this part may be made
applicable not only to the respondent, but also to other persons then
or thereafter related to the respondent by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business. Orders that may be made applicable to related
persons include those that deny or affect export privileges . * * *''
15 CFR 766.23(a).
On May 24, 2007, an Order pursuant to Part 766 of the Regulations
imposing a ten-year denial of export privileges against Winter Aircraft
Products SA, of Madrid Spain (a/k/a Ruf. Lopez SA), Rufina Sanchez
Lopez, Principal of Winter Aircraft, and Jose Alberto Diaz Sanchez,
President of Winter Aircraft, were published in the Federal Register to
conclude administrative charges pending against these parties. See 72
FR 29960, 29963, 29965 (June 6, 2005). Winter Aircraft was found to
have taken actions with intent to evade the Regulations by acquiring
aircraft parts, items subject to the Regulations and classified under
Export Control Classification Number (``ECCN'') 9A991, from U.S.
suppliers with intent to transship such items to Iran without the
necessary license from the U.S. Government. The violations occurred
from on or about on or about October 19, 2000, and on or about November
22, 2000.
The May 24, 2007 Order imposed against Winter Aircraft is an order
that may be made applicable to related persons pursuant to section
766.23 upon evidence that indicates that the person is related to
Winter Aircraft by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business,
and that it is necessary to add this entity to the Order imposed
against Winter Aircraft in order to avoid evasion of that Order.
BIS has presented evidence that Iberair Lines, Avda Mediterraneo
No. 9, 28007 Madrid, Spain, also located at Calle Canarias No. 9, 28045
Madrid, Spain (a/k/a ``Desarrollos Ind. Iberair, SL'') (a/k/a
``Desarrollos Empresariales Iberair L'') (``Iberair Lines'') is related
to Winter Aircraft by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business,
and that it is necessary to add Iberair Lines to the Order imposed
against Winter Aircraft in order to avoid evasion of that Order.
BIS notified Iberair Lines of its plans to take this action through
letters dated January 23, 2008, and March 5, 2008, in accordance with
sections 766.5(b) and 766.23 of the Regulations. Iberair Lines
submitted a letter to BIS dated March 14, 2008, opposing its addition
to the Order.
It is my belief based on all the evidence presented in this matter
that Iberair Lines' relationship with Winter Aircraft meets the
requirements of section 766.23 of the Regulations. Accordingly, I find
that it is necessary to make the Order imposed against Winter Aircraft
applicable to Iberair Lines in order to prevent the evasion of that
Order.
It Is Now Therefore Ordered,
First, that having been provided notice and opportunity for comment
as provided in section 766.23 of the Regulations, Iberair Lines, Avda
Mediterraneo No. 9, 28007 Madrid, Spain, also located at Calle Canarias
No. 9, 28045 Madrid, Spain (a/k/a ``Desarrollos Ind. Iberair, SL'') (a/
k/a ``Desarrollos Empresariales Iberair L'') (``Related Person''), has
been determined to be related to Winter Aircraft, Products SA, a/k/a
Ruf S. Lopez SA, C/Ferrocarril 41, 1 DCHA, 28045 Madrid, Spain
(``Winter Aircraft''), by affiliation, ownership, control, or position
of responsibility in the conduct of trade or related services, and it
has been deemed necessary to make the Order denying the export
privileges of Winter Aircraft applicable to this Related Person in
order to prevent evasion of the Order.
Second, that the denial of export privileges described in the Order
against Winter Aircraft, which was published in the Federal Register on
May 24, 2007 at 72 FR 29965, shall be made applicable to the Related
Person, as follows:
I. The Related Person, its successors or assigns, and when acting
for or on behalf of the Related Person, its officers, representatives,
agents, or employees (collectively, ``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. Benefiting 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.
II. No person may, directly or indirectly, do any of the following:
[[Page 31678]]
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 acquires
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 in accordance with the provisions of section 766.23(c)
of the Regulations, the Related Person may, at any time, make an appeal
related to this Order by filing a full written statement in support of
the appeal with the Office of the Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland
21202-4022.
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 this Order shall be published in the Federal Register
and a copy provided to the Related Person.
This Order is effective upon publication in the Federal Register.
Entered this 19th day of May, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-12293 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-DT-P
