Prince William Sound Resource Advisory Committee, 18715-18716 [2011-8001]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices
the Forest. A given herbicide may be
effective on many target species but
each site would usually be treated with
only one of the ten approved herbicides
(some tank mixes may be used);
however, a different herbicide might be
used in a follow-up treatment. The more
herbicides choices in the toolbox, the
better the effect expected over time (R6
2005 FEIS page 4–18, 4–26).
A site-specific, non-significant
amendment to the Malheur Forest Plan
is also proposed to add an 11th
herbicide, aminopyralid, to the list of
authorized herbicides for use on the
Forest to treat invasive plants.
Aminopyralid was not labeled for
wildland use in 2005; however, the R6
2005 ROD Standard 16 acknowledges
that new herbicides may be added given
proper analysis. Aminopyralid has
undergone extensive risk assessment
since 2005. It is proposed for use
because it would increase the
effectiveness of treatment for some
broadleaf target species, and reduce
potential adverse impacts, compared to
herbicides authorized in the R6 2005
ROD. Aminopyralid is likely to be
effective on a large proportion of the
current target species acreage.
Possible Alternatives
The Forest Service is considering an
alternative of treating without the use of
aminopyralid and only using the 10
herbicides approved in the R6 2005
ROD. The No Action alternative will
also be considered, which would
continue the current non-herbicide
program on the Malheur National
Forest.
srobinson on DSKHWCL6B1PROD with NOTICES
Responsible Official
The Responsible Official is the
Malheur National Forest Supervisor.
Nature of Decision To Be Made
The Forest Supervisor will make the
following decisions based on the
interdisciplinary analysis: (1) Whether
or not to authorize site-specific invasive
plant treatments using herbicides and
other methods; (2) whether or not to
implement an Early Detection and
Rapid Response process for infestations
that are detected over the next 5 to 15
years; (3) what mitigation measures
(design features) are required and (4)
what monitoring and adaptive
management will occur.
Preliminary Issues
The following issues were identified
in scoping that occurred in 2006:
Human Health: The health of forestry
workers and the public may be at risk
from exposure to herbicides. Chemical
spray drift or contact by walking
VerDate Mar<15>2010
15:18 Apr 04, 2011
Jkt 223001
through recently sprayed areas may
increase the risk, particularly to people
who have heightened sensitivity to
chemicals. In addition, health
consequences could result from well
water and other drinking water
contaminated by herbicides.
Treatment Effectiveness: Existing
invasive species populations may
continue to expand and new
populations could become established
without using all methods aggressively.
Wildlife: Herbicides, particularly
when applied through broadcast
spraying, may harm terrestrial wildlife
species.
Non-target Plants: Herbicides,
particularly when applied through
broadcast spraying, may harm nontarget plants.
Soil Biology: Herbicide use may harm
soil organisms or soil biology.
Fish and Water: Herbicide treatments
on riparian areas have the potential to
adversely affect water quality and
aquatic ecosystems.
Permits or Licenses Required
Pesticide application licenses will be
required for those implementing this
project. Pesticide Use Proposals for
wilderness herbicide applications need
to be signed by the Regional Forester;
otherwise Pesticide Use Proposals are
signed by the Forest Supervisor. This
project may involve riparian herbicide
application subject to a Department of
Environmental Quality water quality
permit.
Scoping Process
This notice of intent initiates a new
scoping process to guide the
development of the environmental
impact statement. Scoping comments
from 2006 are part of the record and will
be used to generate issues and
alternatives for detailed study in the
EIS. Scoping comments sent previously
need not be re-sent; new comments are
also welcome. No public meetings are
planned.
It is important that reviewers provide
their comments at such times and in
such manner that they are useful to the
agency’s preparation of the
environmental impact statement.
Therefore, comments should be
provided prior to the close of the
comment period and should clearly
articulate the reviewer’s concerns and
contentions.
Comments received in response to
this solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered; however, those who only
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
18715
submit anonymous comments will not
have standing to appeal the subsequent
decision under 36 CFR 215.
Dated: March 28, 2011.
Teresa Raaf,
Forest Supervisor.
[FR Doc. 2011–7727 Filed 4–4–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Prince William Sound Resource
Advisory Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Prince William Sound
Resource Advisory Committee will meet
in Whittier, Alaska. The committee is
meeting as authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
and in compliance with the Federal
Advisory Committee Act. The purpose
of the meeting is to review, discuss and
select projects to be funded thru the
Secure Rural Schools Act.
DATES: The meeting will be held April
22nd and April 23rd, 2011.
ADDRESSES: The meeting will be held on
the 15th floor of the Begich Towers Inc.
building located at 100 Kenai Street,
Whitter, AK. Written comments should
be sent to Teresa Benson P.O. Box 280,
Cordova, AK 99574. Comments may
also be sent via e-mail to
tbenson@fs.fed.us, or via facsimile to
(907) 424–7214.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at the
Cordova Ranger District (612 2nd Street,
Cordova, AK) or the Glacier Ranger
District (145 Forest Station Road,
Girdwood, AK).
FOR FURTHER INFORMATION CONTACT:
Teresa Benson, Designated Federal
Official, c/o USDA Forest Service, P.O.
Box 280, Cordova, Alaska 99574,
telephone (907) 424–4742.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. The
following business will be conducted:
The Prince William Sound Resource
Advisory Committee (RAC) will be
discussing and voting on proposals that
have been received from communities of
the Prince William Sound. The
proposals that may receive funding
would enhance forest ecosystems or
restore and improve land health and
water quality on the Chugach National
SUMMARY:
E:\FR\FM\05APN1.SGM
05APN1
18716
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices
Forest and other near-by lands
including the communities of Chenega,
Cordova, Tatitlek, Valdez and Whittier.
The RAC is responsible for approving
projects with funds made available from
years 2008–2012.
The public is welcome to attend the
April 22–23 RAC meeting. Committee
discussion is limited to Forest Service
staff and Committee members. However,
public input opportunity will be
provided and individuals will have the
opportunity to address the Committee at
that time.
Persons who wish to bring related
matters to the attention of the
Committee may file written statements
with the Committee staff before or after
the meeting. Public input sessions will
be provided and individuals who made
written requests by April 21st will have
the opportunity to address the
Committee at those sessions.
Dated: March 23, 2011.
Teresa M. Benson,
District Ranger.
[FR Doc. 2011–8001 Filed 4–4–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[10–BIS–0001]
Manoj Bhayana, Respondent; Final
Decision and Order
This matter is before me upon a
Recommended Decision and Order
(‘‘RDO’’) of an Administrative Law Judge
(‘‘ALJ’’), as further described below.1
srobinson on DSKHWCL6B1PROD with NOTICES
I. Background
As discussed in the RDO, the
allegations in this case stem from an
investigation by the Bureau of Industry
and Security (‘‘BIS’’) of a sale and
(unlicensed) export of graphite rods and
pipes from the United States to
Pakistan, via the United Arab Emirates
(‘‘UAE’’), in which Respondent Manoj
1 I received the certified record from the ALJ,
including the original copy of the RDO, for my
review on March 1, 2011. The RDO is dated
February 28, 2011, and incorporates the ALJ’s
October 12, 2010 Order Partially Granting BIS’s
Motion for Summary Decision. As discussed further
infra, BIS moved for summary decision as to Charge
Two of the Charging Letter in July 2010. The Order
Partially Granting BIS’s Motion for Summary
Decision granted BIS summary decision on Charge
Two, but reserved ruling as to the recommended
sanction because Charge One was still pending. In
order to expedite resolution of this matter, BIS
withdrew Charge One in November 2010. The
Order Partially Granting BIS’s Motion for Summary
Decision is part of the RDO, but where that Order
is cited, for ease of reference, the citations are made
directly to the pertinent pages of that Order, rather
than citing it as an attachment to the RDO.
VerDate Mar<15>2010
15:18 Apr 04, 2011
Jkt 223001
Bhayana directly participated. See RDO,
at 2, 4. During the investigation, BIS
sought to determine, inter alia, the type
of graphite that had been exported by
SparesGlobal, Inc. (‘‘SparesGlobal’’), of
Pittsburgh, Pennsylvania, and the
ultimate end-user of the items.
Respondent was SparesGlobal’s primary
sales representative for the transaction,
working directly with the U.S. supplier
(Ameri-Source, Inc.) and freight
forwarder (K.C. International Transport,
Inc.), and with SparesGlobal’s customer
(Taif Trading, LLC), a trading company
located in Dubai, UAE. See RDO, at 4–
5; Order Partially Granting BIS’s Motion
for Summary Decision, at 3, 5.2
The transaction documentation
included a mill test certificate certifying
that the graphite being exported met the
specifications for a type of graphite (CS
grade extruded graphite) produced by
UCAR Carbon Company, doing business
as GrafTech International Ltd. (‘‘UCAR/
GrafTech’’). As he later admitted,
Respondent Bhayana knew that the
exported graphite items were not UCAR
graphite and had not been produced by
UCAR/Graftech. He also knew that the
mill test certificate, which was on
UCAR/GrafTech letterhead, had been
created at Ameri-Source, Inc. (‘‘AmeriSource’’), not by UCAR/GrafTech.
Respondent sent the mill test certificate
to the freight forwarder to facilitate the
export, which occurred in December
2003. RDO, at 4–5.
During the course of BIS’s
investigation of this matter, in a
September 7, 2004 e-mail to a BIS
Special Agent, Respondent denied
having any knowledge of the origin of
the mill test certificate. Following
months of additional investigation, BIS
executed a search warrant at
SparesGlobal in November 2004.
Bhayana was present and was
interviewed by BIS Special Agents.
During that interview, Respondent
provided the mill test certificate in
response to the Special Agents’
questions about the exported items,
knowing, but not informing the agents,
that the certificate contained false and
misleading information. See RDO, at 5–
6.
In a Charging Letter issued on January
15, 2010, BIS alleged that Respondent
Bhayana had committed two violations
of the Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’).3
2 See
note 1, supra.
Regulations, which are currently codified at
15 CFR parts 730–774 (2010), were issued pursuant
to the Export Administration Act of 1979, as
amended (50 U.S.C. app. 2401–2420 (2000)) (the
‘‘Act’’). Since August 21, 2001, the Act has been in
lapse and the President, through Executive Order
13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783
3 The
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Charge One alleged that Respondent had
violated Section 764.2(b) of the
Regulations when he caused, aided or
abetted the submission of a false and
misleading SED. In Charge Two, the
remaining charge at issue here,4 BIS
alleged that respondent violated Section
764.2(g) by making false and misleading
statements to BIS Special Agents during
the course of a BIS investigation.
Charge Two alleged, in full, as
follows:
Charge 2: 15 CFR 764.2(g): False Statement
Made to BIS During an Investigation
Bhayana made false and misleading
representations and statements in the course
of a BIS investigation. On or about September
8, 2004, a BIS Special Agent asked about the
mill certificate relating to the Shipper’s
Export Declaration (SED) filed on December
2, 2003, and referenced in Charge 1 above. In
an e-mailed response to the Special Agent,
Bhayana stated: ‘‘The test certificate was
provided by [our supplier] to us. We do not
have any knowledge about its origin.’’ On or
about November 3, 2004, Bhayana was again
asked about the mill certificate during an inperson interview with BIS Special Agents,
and again provided copies of this forged mill
certificate to the Special Agents. During this
interview, Bhayana also gave the BIS Special
Agents a signed written statement referencing
the mill test certificate specifications or
‘‘specs,’’ in which, he indicated, ‘‘These specs
which are being submitted here [to the
Special Agents] are the material specs which
were shipped under this shipment.’’ In fact,
Bhayana had worked with others to create
the forged mill certificate falsifying the type
of graphite rod being exported and knew that
the certificate contained false information
when he provided it to the Special Agents.
When confronted later in the same interview
by the Special Agents with evidence that the
certificate had been forged, Bhayana signed
a second written statement. In this second
signed statement, Bhayana admitted that his
earlier statements to the Special Agents were
false. Specifically, Bhayana admitted that
SparesGlobal’s supplier, Ameri-Source, Inc.,
which was not the actual manufacturer or
distributor of GrafTech’s UCAR graphite,
‘‘suppl[ied] * * * the certificate on
[GrafTech] UCAR letterhead showing the
[false] specs and mill test reports,’’ and then
‘‘prepared some certificate and faxed it to us
for the approval.’’ In so doing, Bhayana
committed one violation of Section 764.2(g)
of the Regulations.
(2002)), which has been extended by successive
Presidential Notices, the most recent being that of
August 12, 2010 (75 FR 50,681 (Aug. 16, 2010)), has
continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701, et seq.). The violation remaining at
issue in this case occurred in 2004. The Regulations
governing the violation at issue are found in the
2004 version of the Code of Federal Regulations (15
CFR parts 730–774 (2004)). The 2010 Regulations
govern the procedural aspects of this case.
4 As referenced supra at note 1 and as discussed
further infra, BIS withdrew Charge One after BIS
had moved for and been granted summary decision
as to Charge Two.
E:\FR\FM\05APN1.SGM
05APN1
]]>Agencies
[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Notices]
[Pages 18715-18716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8001]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Prince William Sound Resource Advisory Committee
AGENCY: Forest Service, USDA.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The Prince William Sound Resource Advisory Committee will meet
in Whittier, Alaska. The committee is meeting as authorized under the
Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-
343) and in compliance with the Federal Advisory Committee Act. The
purpose of the meeting is to review, discuss and select projects to be
funded thru the Secure Rural Schools Act.
DATES: The meeting will be held April 22nd and April 23rd, 2011.
ADDRESSES: The meeting will be held on the 15th floor of the Begich
Towers Inc. building located at 100 Kenai Street, Whitter, AK. Written
comments should be sent to Teresa Benson P.O. Box 280, Cordova, AK
99574. Comments may also be sent via e-mail to tbenson@fs.fed.us, or
via facsimile to (907) 424-7214.
All comments, including names and addresses when provided, are
placed in the record and are available for public inspection and
copying. The public may inspect comments received at the Cordova Ranger
District (612 2nd Street, Cordova, AK) or the Glacier Ranger District
(145 Forest Station Road, Girdwood, AK).
FOR FURTHER INFORMATION CONTACT: Teresa Benson, Designated Federal
Official, c/o USDA Forest Service, P.O. Box 280, Cordova, Alaska 99574,
telephone (907) 424-4742.
SUPPLEMENTARY INFORMATION: The meeting is open to the public. The
following business will be conducted: The Prince William Sound Resource
Advisory Committee (RAC) will be discussing and voting on proposals
that have been received from communities of the Prince William Sound.
The proposals that may receive funding would enhance forest ecosystems
or restore and improve land health and water quality on the Chugach
National
[[Page 18716]]
Forest and other near-by lands including the communities of Chenega,
Cordova, Tatitlek, Valdez and Whittier. The RAC is responsible for
approving projects with funds made available from years 2008-2012.
The public is welcome to attend the April 22-23 RAC meeting.
Committee discussion is limited to Forest Service staff and Committee
members. However, public input opportunity will be provided and
individuals will have the opportunity to address the Committee at that
time.
Persons who wish to bring related matters to the attention of the
Committee may file written statements with the Committee staff before
or after the meeting. Public input sessions will be provided and
individuals who made written requests by April 21st will have the
opportunity to address the Committee at those sessions.
Dated: March 23, 2011.
Teresa M. Benson,
District Ranger.
[FR Doc. 2011-8001 Filed 4-4-11; 8:45 am]
BILLING CODE 3410-11-P
