Approval for Subzone Expansion and Expanded Manufacturing Authority; Foreign-Trade Subzone 119B, Uponor, Inc. (Polyethylene Tubing); Apple Valley, MN, 8918-8919 [2010-4052]

Download as PDF 8918 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices served, followed by three years of supervised release. 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 Section 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. § 2410(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 Section 766.25(d); see also 50 U.S.C. app. § 2410(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 Rezaei’s conviction for violating IEEPA, and have provided notice and an opportunity for Rezaei to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Rezaei. Based upon my review and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Rezaei’s export privileges under the Regulations for a period of ten years from the date of Rezaei’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Rezaei had an interest at the time of his conviction. Accordingly, it is hereby sroberts on DSKD5P82C1PROD with NOTICES 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)). VerDate Nov<24>2008 16:39 Feb 25, 2010 Jkt 220001 Ordered. I. Until May 15, 2018, Afshin Rezaei, with a last known address at: 2310 Valley Brook Way, NE., Atlanta, GA 30319, and when acting for or on behalf of Rezaei, 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 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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 Afshin Rezaei 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 foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until May 15, 2018. VI. In accordance with Part 756 of the Regulations, Rezaei 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 Rezaei. This Order shall be published in the Federal Register. Issued this February 18, 2010. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2010–3994 Filed 2–25–10; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1663] Approval for Subzone Expansion and Expanded Manufacturing Authority; Foreign-Trade Subzone 119B, Uponor, Inc. (Polyethylene Tubing); Apple Valley, MN Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Greater Metropolitan Area Foreign-Trade Zone Commission, E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices grantee of Foreign-Trade Zone 119 (Minneapolis, Minnesota), has submitted a request on behalf of Uponor, Inc. (Uponor), operator of Subzone 119B at the Uponor polyethylene tubing manufacturing and distribution facilities in Apple Valley, Minnesota, to expand and reorganize the subzone and to expand the scope of FTZ manufacturing authority to include new production capacity (FTZ Docket 61–2008, filed 10–28–08); Whereas, notice inviting public comment has been given in the Federal Register (73 FR 65582, 11–4–08) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application to expand and reorganize the subzone and to expand the scope of FTZ manufacturing authority within Subzone 119B, as described in the application and Federal Register notice, is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, February 5, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. [FR Doc. 2010–4052 Filed 2–25–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Pan American Grain Co. AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of Appeal. This announcement provides notice that Pan American Grain Co., has filed an administrative appeal with the Department of Commerce (Department), requesting that the Secretary override an objection by the Puerto Rico Planning Board (Board) to the proposed improvement of port facilities located in San Juan Bay, Puerto Rico. sroberts on DSKD5P82C1PROD with NOTICES SUMMARY: VerDate Nov<24>2008 16:39 Feb 25, 2010 Jkt 220001 DATES: Comments regarding this appeal or requests for a public hearing must be sent in writing to the NOAA, Office of General Counsel for Ocean Services postmarked or e-mailed no later than March 29, 2010. Materials from the appeal record will be available at the NOAA, Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: http:// www.ogc.doc.gov/czma.htm. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Gladys P. Miles, Attorney-Advisor, NOAA, Office of General Counsel, 301– 713–7384, or at gcos.inquiries@noaa.gov. SUPPLEMENTARY INFORMATION: I. Notice of Appeal On January 27, 2010, Pan American Grain Co. filed notice of an appeal with the Secretary of Commerce (Secretary), pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found at 15 CFR Part 930, Subpart H. The appeal is taken from an objection by the Board to Pan American’s consistency certification for proposed improvements to its port facilities located in San Juan Bay, Puerto Rico. Under the CZMA, the Secretary may override Alabama’s objection on grounds that the project is consistent with the objectives or purposes of the CZMA or otherwise necessary in the interest of national security. To make the determination that the proposed activity is ‘‘consistent with the objectives or purposes of the CZMA,’’ the Department must find that: (1) The proposed activity furthers the national interest as articulated in sections 302 or 303 of the CZMA, in a significant or substantial manner; (2) the adverse effects of the proposed activity do not outweigh its contribution to the national interest, when those effects are considered separately or cumulatively; and (3) no reasonable alternative is available that would permit the activity to be conducted in a manner consistent with enforceable policies of the applicable coastal management program. 15 CFR 930.121. Conversely, to make the determination that the proposed activity is ‘‘necessary in the interest of national security,’’ the Secretary must find that a national defense or other national security interest would be significantly impaired were the activity not permitted to go forward as proposed. 15 CFR 930.122. PO 00000 Frm 00025 Fmt 4703 Sfmt 9990 8919 II. Opportunity for Federal Agency and Public Comment Pursuant to Department of Commerce regulations, the public and interested federal agencies may submit comments on this appeal. Written comments must be sent no later than March 29, 2010 to the attention of Gladys P. Miles, NOAA, Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to gcos.comments@noaa.gov. III. Opportunity for a Public Hearing Pursuant to Department of Commerce regulations, the Secretary may hold a public hearing on this appeal, either in response to a request for a public hearing or at the Secretary’s own initiative. If a public hearing is held, it shall be noticed in the Federal Register, and the Secretary shall reopen the public and Federal agency comment period for a 10-day period following the hearings. Written requests for a public hearing must be sent no later than March 29, 2010 to the attention of Gladys P. Miles, NOAA, Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to gcos.comments@noaa.gov. IV. Appeal Documents NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record on the following Web site: http:// www.ogc.doc.gov/czma.htm; and during business hours, at the NOAA, Office of General Counsel for Ocean Services. For additional information concerning this appeal, please contact Gladys P. Miles, NOAA, Office of General Counsel for Ocean Services, 301–713–7384 or gcos.inquiries@noaa.gov. Dated: February 23, 2010. Joel La Bissonniere, Assistant General Counsel for Ocean Services, NOAA. [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management Program Assistance.] [FR Doc. 2010–4076 Filed 2–25–10; 8:45 am] BILLING CODE P E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 8918-8919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4052]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1663]


Approval for Subzone Expansion and Expanded Manufacturing 
Authority; Foreign-Trade Subzone 119B, Uponor, Inc. (Polyethylene 
Tubing); Apple Valley, MN

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, the Greater Metropolitan Area Foreign-Trade Zone 
Commission,

[[Page 8919]]

grantee of Foreign-Trade Zone 119 (Minneapolis, Minnesota), has 
submitted a request on behalf of Uponor, Inc. (Uponor), operator of 
Subzone 119B at the Uponor polyethylene tubing manufacturing and 
distribution facilities in Apple Valley, Minnesota, to expand and 
reorganize the subzone and to expand the scope of FTZ manufacturing 
authority to include new production capacity (FTZ Docket 61-2008, filed 
10-28-08);
    Whereas, notice inviting public comment has been given in the 
Federal Register (73 FR 65582, 11-4-08) and the application has been 
processed pursuant to the FTZ Act and the Board's regulations; and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
Board's regulations are satisfied, and that the proposal is in the 
public interest;
    Now, therefore, the Board hereby orders:
    The application to expand and reorganize the subzone and to expand 
the scope of FTZ manufacturing authority within Subzone 119B, as 
described in the application and Federal Register notice, is approved, 
subject to the FTZ Act and the Board's regulations, including Section 
400.28.

    Signed at Washington, DC, February 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010-4052 Filed 2-25-10; 8:45 am]
BILLING CODE 3510-DS-P