Action Affecting Export Privileges; Andrew Ward Freyer, 46415-46416 [E9-21633]
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For the reasons set out in the
preamble, USAID establishes the
following Directive:
Categorical Exclusions for Domestic
Internal Operational Activities
Purpose: Establish National
Environmental Policy Act (NEPA)compliant Categorical Exclusions for
certain United States Agency for
International Development (USAID)
domestic internal operational activities.
Policy: Consistent with the Council on
Environmental Quality (CEQ)
Regulations for Implementing the
Procedural Provisions of NEPA (40 CFR
parts 1500–1508) (CEQ NEPA
regulations), USAID establishes the
following Categorical Exclusions for
certain categories of internal, domestic
USAID Operating Expense (OE)
account-funded activities that address
routine internal administrative and
operational activities. A proposed action
may be categorically excluded if the
action fits within a category that is
eligible for exclusion and the proposed
action does not involve any
extraordinary circumstances.
The categories of activities eligible for
Categorical Exclusions are:
a. Internal personnel, fiscal,
management, and administrative
activities, such as recruiting, processing,
paying, recordkeeping, resource
management, budgeting, personnel
actions, official travel, and reductions,
increases, realignments, or relocation of
personnel that do not exceed the
infrastructure capacity or change the use
of USAID occupied office space. An
example of a substantial change in use
of the supporting infrastructure would
be an increase in vehicular traffic
beyond the capacity of the supporting
road network to accommodate such an
increase; or generating a new stream of
toxic or hazardous waste that needs to
be properly disposed of.
b. Actions at USAID owned or
operated facilities involving routine
facility maintenance, repair, and
grounds-keeping; minor rehabilitation,
restoration, renovation, or revitalization
of existing facilities; and replacement,
acquisition, and installation of
information technology and similar
office equipment. To qualify for this
Categorical Exclusion, all such
acquisition actions shall comply with
the Presidential Executive Orders on
Greening the Government. This includes
E.O. 13423 and related Executive
Orders.
c. Acquisition actions (compliant with
applicable procedures for sustainable or
‘‘green’’ procurement) and contracting
actions necessary to support the normal
conduct of USAID business. Examples
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include office supplies and utilities, and
equipment such as furniture, and
information technology software and
systems. To qualify for this Categorical
Exclusion, all such acquisition actions
shall comply with the Presidential
Executive Orders on Greening the
Government. This includes E.O. 13423
and related Executive Orders.
d. Minor or small-scale construction
of ancillary facilities on previously
disturbed areas adjacent to or on the
same property as the existing facility
and compatible with current land use.
To qualify for this Categorical
Exclusion, all such acquisition actions
shall comply with the Presidential
Executive Orders on Greening the
Government. This includes E.O. 13423
and related Executive Orders.
e. Awarding of contracts for technical
support services, information
technology services, and services for
ongoing management and operation of
government facilities. To qualify for this
Categorical Exclusion, all such actions
shall comply with the Presidential
Executive Orders on Greening the
Government. This includes E.O. 13423
and related Executive Orders.
It has been determined that the
following extraordinary circumstances
that would prevent the use of a
Categorical Exclusion and require either
an Environmental Assessment or
Environmental Impact Statement:
a. The proposed action is known or
expected to significantly affect public
health, safety, or the environment.
b. The proposed action is known or
expected to impose uncertain or unique
environmental risks.
c. The proposed action is of greater
scope or size than is normal for this
category of action.
d. The proposed action is known or
expected to significantly affect federally
listed threatened or endangered species
or their critical habitat.
e. The proposed action is known or
expected to significantly affect national
natural landmarks or any property with
nationally significant historic,
architectural, prehistoric, archeological,
or cultural value, including but not
limited to, property listed on or eligible
for the National Register of Historic
Places.
f. The proposed action is known or
expected to significantly affect
environmentally important natural
resource areas such as parks, forests,
wetlands, floodplains, significant
agricultural lands, aquifer recharge
zones, coastal zones, coral reefs, barrier
islands, wild and scenic rivers, and
significant fish or wildlife habitat.
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g. The proposed action is known or
expected to cause significant adverse air
quality effects.
h. The proposed action is known or
expected to have a significant effect on
the pattern and type of land use
(industrial, commercial, agricultural,
recreational, residential) or growth and
distribution of population including
altering the character of existing
residential areas, or may not be
consistent with state or local
government, or federally-recognized
Indian tribe approved land use plans or
federal land management plans.
Applicability: This Directive applies
to USAID domestic internal operational
and administrative activities, including
USAID ARRA-funded actions to develop
and implement its new computer based
acquisition and assistance system to
manage contracting and granting
activities. The Directive is effective
immediately upon publication, and
USAID will consider comments
submitted on this Directive when
developing its proposed NEPA
regulation for Operating Expensefunded activities.
Responsibilities: The USAID Agency
Environmental Coordinator (AEC) is
responsible for NEPA policy, guidance
and oversight relating to this Directive.
The AEC will receive advice and
guidance from the Office of General
Counsel as to NEPA implementation
and compliance with this Directive.
USAID’s Chief Information Officer (CIO)
is responsible for reporting to CEQ and
OMB on the status of ARRA funded
activities.
George Higginbotham,
M/MPBP/POL.
[FR Doc. E9–21740 Filed 9–8–09; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Andrew Ward Freyer
In the Matter of: Andrew Ward Freyer,
54325 Oak Hill, La Quinta, CA 92253.
Order Denying Export Privileges
On December 17, 2007, in the U.S.
District Court of Central District of
California, Freyer was convicted of five
counts of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701–1706 (2000) (‘‘IEEPA’’) and
one count of conspiracy (18 U.S.C. 371
(2000)), involving exporting,
reexporting, selling and supplying
valves from the United States to Iran,
through Australia without first
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46416
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
cprice-sewell on DSK2BSOYB1PROD with NOTICES
obtaining the required authorization
from the U.S. Department of Treasury,
Office of Foreign Assets Controls. Freyer
was sentenced to be imprisoned for 17
months and upon release from
imprisonment be placed on probation
for 2 years. In addition Freyer was fined
$10,000.00. He was released from prison
on April 21, 2009.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the [Export
Administration Act (‘‘EAA’’)], the EAR,
or any order, license or authorization
issued thereunder; any regulation,
license, or order issued under the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50
U.S.C. 783(b)), or section 38 of the Arms
Export control Act (22 U.S.C. 2778).’’ 15
CFR 766.25(a); see also Section 11(h) of
the EAA, 50 U.S.C. app. § 24 10(h). The
denial of export privileges under this
provision may be for a period of up to
10 years from the date of the conviction.
15 CFR 766.25(d); see also 50 U.S.C.
app. § 24 10(h). In addition, Section
750.8 of the Regulations states that the
Bureau of Industry and Security’s Office
of Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of Freyer’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Freyer to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
received a submission from Freyer.
Based upon my review and
consideration of that submission, my
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Freyer’s export
privileges under the Regulations for a
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2009), The Regulations are issued pursuant to
the Export Administration Act (‘‘EAA’’), which is
currently codified at 50 U.S.C. app. § 2401–2420
(2000). Since August 21, 2001, the EAA 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
August 13, 2009 (74 FR 41,325 (August 14, 2009)),
has continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701–1706 (2000)).
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15:47 Sep 08, 2009
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period often years from the date of
Freyer’s conviction.
Accordingly, it is hereby Ordered
I. Until December 17, 2017, Andrew
Ward Freyer with an address at: 54325
Oak I–Jill, La Quinta, CA, 92253, and
when acting for or on behalf of Freyer,
his representatives, assigns, agents, or
employees, (collectively referred to
hereinafter as the ‘‘Denied Person’’) may
not, directly or indirectly, participate 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.
II. 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
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
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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.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Andrew Freyer
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order if necessary to prevent evasion of
the Order.
IV. 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.
V. This Order is effective immediately
and shall remain in effect until
December 17, 2017.
VI. In accordance with Part 756 of the
Regulations, Freyer may file an appeal
of this Order with the Under Secretary
of Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of Part 756
of the Regulations.
VII. A copy of this Order shall be
delivered to Freyer. This Order shall be
published in the Federal Register.
Issued this 1st day of September 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9–21633 Filed 9–8–09; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Bertrand Lalsingh
In the Matter of: Bertrand Lalsingh, 4252
Stirling Rd., Hollywood, FL 33021.
Order Denying Export Privileges
On February 8, 2008, in the U.S.
District Court for Southern District of
Florida, Bertrand Lalsingh (‘‘Lalsingh’’)
pled guilty to, and was convicted of,
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2000))
(‘‘AECA’’). Lalsingh pled guilty to
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Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46415-46416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21633]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Andrew Ward Freyer
In the Matter of: Andrew Ward Freyer, 54325 Oak Hill, La Quinta,
CA 92253.
Order Denying Export Privileges
On December 17, 2007, in the U.S. District Court of Central
District of California, Freyer was convicted of five counts of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701-1706 (2000) (``IEEPA'') and one count of conspiracy (18 U.S.C. 371
(2000)), involving exporting, reexporting, selling and supplying valves
from the United States to Iran, through Australia without first
[[Page 46416]]
obtaining the required authorization from the U.S. Department of
Treasury, Office of Foreign Assets Controls. Freyer was sentenced to be
imprisoned for 17 months and upon release from imprisonment be placed
on probation for 2 years. In addition Freyer was fined $10,000.00. He
was released from prison on April 21, 2009.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the [Export
Administration Act (``EAA'')], the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms
Export control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app. Sec. 24 10(h). The denial of
export privileges under this provision may be for a period of up to 10
years from the date of the conviction. 15 CFR 766.25(d); see also 50
U.S.C. app. Sec. 24 10(h). In addition, Section 750.8 of the
Regulations states that the Bureau of Industry and Security's Office of
Exporter Services may revoke any Bureau of Industry and Security
(``BIS'') licenses previously issued in which the person had an
interest in at the time of his conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2009), The Regulations
are issued pursuant to the Export Administration Act (``EAA''),
which is currently codified at 50 U.S.C. app. Sec. 2401-2420
(2000). Since August 21, 2001, the EAA 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 August 13, 2009
(74 FR 41,325 (August 14, 2009)), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701-1706 (2000)).
---------------------------------------------------------------------------
I have received notice of Freyer's conviction for violating the
IEEPA, and have provided notice and an opportunity for Freyer to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have received a submission from Freyer. Based upon my
review and consideration of that submission, my consultations with
BIS's Office of Export Enforcement, including its Director, and the
facts available to BIS, I have decided to deny Freyer's export
privileges under the Regulations for a period often years from the date
of Freyer's conviction.
Accordingly, it is hereby Ordered
I. Until December 17, 2017, Andrew Ward Freyer with an address at:
54325 Oak I-Jill, La Quinta, CA, 92253, and when acting for or on
behalf of Freyer, his representatives, assigns, agents, or employees,
(collectively referred to hereinafter as the ``Denied Person'') may
not, directly or indirectly, participate 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.
II. 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 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.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Andrew Freyer by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order if necessary to prevent evasion of the Order.
IV. 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.
V. This Order is effective immediately and shall remain in effect
until December 17, 2017.
VI. In accordance with Part 756 of the Regulations, Freyer may file
an appeal of this Order with the Under Secretary of Commerce for
Industry and Security. The appeal must be filed within 45 days from the
date of this Order and must comply with the provisions of Part 756 of
the Regulations.
VII. A copy of this Order shall be delivered to Freyer. This Order
shall be published in the Federal Register.
Issued this 1st day of September 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9-21633 Filed 9-8-09; 8:45 am]
BILLING CODE 3510-DT-M