Order Temporarily Denying Export Privileges, 1823-1824 [2014-00229]

Download as PDF Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices To file a written complaint of discrimination, write USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250–9410 or call (202) 720–5964 (voice and TTY). USDA is an equal opportunity provider and employer. Dated: January 3, 2014. Alfred V. Almanza, Administrator. [FR Doc. 2014–00372 Filed 1–8–14; 4:15 pm] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE mstockstill on DSK4VPTVN1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Mandatory Shrimp Vessel and Gear Characterization Survey. OMB Control Number: 0648–0542. Form Number(s): NA. Type of Request: Regular submission (extension of a current information collection). Number of Respondents: 1,529. Average Hours Per Response: 20 minutes. Burden Hours: 510. Needs and Uses: This request is for extension of a current information collection. The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) authorizes the Gulf of Mexico Fishery Management Council (Council) to prepare and amend fishery management plans for any fishery in waters under its jurisdiction. National Marine Fisheries Service (NMFS) manages the shrimp fishery in the waters of the Gulf of Mexico under the Shrimp Fishery Management Plan (FMP). The regulations for the Gulf Shrimp Vessel and Gear Characterization Form may be found at 50 CFR 622.51(a)(3). Owners or operators of vessels applying for or renewing a commercial vessel moratorium permit for Gulf shrimp must complete an annual Gulf Shrimp Vessel and Gear Characterization Form. The form will be provided by NMFS at the time of permit application and renewal. Compliance with this reporting requirement is required for permit issuance and renewal. VerDate Mar<15>2010 16:40 Jan 09, 2014 Jkt 232001 Through this form, NMFS is collecting census-level information on fishing vessel and gear characteristics in the Gulf of Mexico Exclusive Economic Zone (EEZ) shrimp fishery to conduct analyses that will improve fishery management decision-making in this fishery; ensure that national goals, objectives, and requirements of the Magnuson-Stevens Act, National Environmental Policy Act (NEPA), Regulatory Flexibility Act (RFA), Endangered Species Act (ESA), and Executive Order (E.O.) 12866 are met; and quantify achievement of the performance measures in the NMFS’ Operating Plans. This information is vital in assessing the economic, social, and environmental effects of fishery management decisions and regulations on individual shrimp fishing enterprises, fishing communities, and the nation as a whole. Affected Public: Business or other forprofit organizations. Frequency: Annually. Respondent’s Obligation: Mandatory. OMB Desk Officer: OIRA_ Submission@omb.eop.gov. Copies of the above information collection proposal can be obtained by calling or writing Jennifer Jessup, Departmental Paperwork Clearance Officer, (202) 482–0336, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@ doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov. Dated: January 7, 2014. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2014–00233 Filed 1–9–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Temporarily Denying Export Privileges 3K Aviation Consulting & Logistics, a/k/a 3K Havacilik Ve Danismanlik SAN. TIC. LTD. ST., Biniciler Apt. Savas Cad. No. 18/5, Sirinyali Mah. 07160, Antalya, Turkey and Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya, Turkey Huseyin Engin Borluca, Biniciler Apt. Savas Cad. No. 18/5, Sirinyali Mah. 07160, Antalya, Turkey PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 1823 and Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya, Turkey) Adaero International Trade, LLC, 2326 17th Avenue, Rockford, IL 61104 and IDTM B 1 Blok, Kat 14 No: 439, Yesilkoy, Istanbul, Turkey Recep Sadettin Ilgin, 2326 17th Avenue, Rockford, IL 61104 and IDTM B 1 Blok, Kat 14 No: 439, Yesilkoy, Istanbul, Turkey Pouya Airline, a/k/a Pouya Air, Mehrebad Airport, Tehran, Iran Respondents. Pursuant to Section 766.24 of the Export Administration Regulations (the ‘‘Regulations’’ or ‘‘EAR’’),1 the Bureau of Industry and Security (‘‘BIS’’), U.S. Department of Commerce, through its Office of Export Enforcement (‘‘OEE’’), has requested that I issue an Order temporarily denying, for a period of 180 days, the export privileges under the EAR of: 3K Aviation Consulting & Logistics, also known as 3K Havacilik Ve Danismanlik SAN. TIC. LTD. ST.; Huseyin Engin Boluca (3K Aviation Consulting & Leasing’s founder and director); Adaero International Trade, LLC; Recep Sadettin Ilgin (Adaero International Trade’s managing director); and Pouya Airline, also known as Pouya Air. Pursuant to Section 766.24, BIS may issue an order temporarily denying a respondent’s export privileges upon a showing that the order is necessary in the public interest to prevent an ‘‘imminent violation’’ of the Regulations. 15 CFR 766.24(b)(1) and 776.24(d). ‘‘A violation may be ‘imminent’ either in time or degree of likelihood.’’ 15 CFR 766.24(b)(3). BIS may show ‘‘either that a violation is about to occur, or that the general circumstances of the matter under investigation or case under criminal or administrative charges demonstrate a likelihood of future violations.’’ Id. As to the likelihood of future violations, BIS may show that the violation under investigation or charge ‘‘is significant, deliberate, covert and/or likely to occur again, rather than technical or negligent[.]’’ Id. A ‘‘lack of information 1 The EAR is currently codified at 15 CFR Parts 730–774 (2013). The EAR are issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401–2420 (2000)) (‘‘EAA’’). 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)), which has been extended by successive Presidential Notices, the most recent being that of August 8, 2013 (78 FR 49107 (Aug. 12, 2013)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) (2006 & Supp. IV 2010). E:\FR\FM\10JAN1.SGM 10JAN1 mstockstill on DSK4VPTVN1PROD with NOTICES 1824 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices establishing the precise time a violation may occur does not preclude a finding that a violation is imminent, so long as there is sufficient reason to believe the likelihood of a violation.’’ Id. In its request, BIS has presented evidence that, in December 2013, two U.S.-origin General Electric CF6 aircraft engines 2 bearing manufacturer’s serial numbers (‘‘MSN’’) 695244 and 705112 were transported on behalf of Adaero International Trade, LLC to 3K Aviation Consulting & Logistics (‘‘3K Aviation’’), which is located in Turkey. Additionally, BIS has been notified that 3K Aviation is preparing to immediately re-export the engines to Iran without the U.S. Government authorization required by Section 746.7 of the EAR. BIS was further notified that Pouya Airline, an Iranian cargo airline, is scheduled to transport both engines from Turkey to Iran on January 7, 2014. I find that the evidence presented by BIS demonstrates that a violation of the Regulations is imminent in both time and degree of likelihood. As such, a TDO is needed to give notice to persons and companies in the United States and abroad that they should cease dealing with the Respondents in export transactions involving items subject to the EAR. Such a TDO is consistent with the public interest to preclude future violations of the EAR. Accordingly, I find that a TDO naming 3K Aviation Consulting & Logistics, Huseyin Engin Borluca, Adaero International Trade, Recep Sadettin Ilgin, and Pouya Airline is necessary, in the public interest, to prevent an imminent violation of the EAR. This Order is being issued on an ex parte basis without a hearing based upon BIS’s showing of an imminent violation in accordance with Section 766.24 of the Regulations. It is therefore ordered: First, that 3K AVIATION CONSULTING & LOGISTICS, A/K/A 3K HAVACILIK VE DANISMANLIK SAN. TIC. LTD. ST., Biniciler Apt. Savas Cad. No. 18/5, Sirinyali Mah. 07160, Antalya, Turkey, and Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya, Turkey; HUSEYIN ENGIN BORLUCA, Biniciler Apt. Savas Cad. No. 18/5, Sirinyali Mah. 07160, Antalya, Turkey, and Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya, Turkey; ADAERO INTERNATIONAL TRADE, LLC, 2326 17th Avenue, Rockford, IL 61104, and IDTM B1 Blok, KAT 14 No. 2 The engines are items subject to the Regulations, classified under Export Control Classification Number 9A991.d, and controlled for anti-terrorism reasons. VerDate Mar<15>2010 16:40 Jan 09, 2014 Jkt 232001 439, Ysilkoy, Istanbul, Turkey; RECEP SADETTIN ILGIN, 2326 17th Avenue, Rockford, IL 61104, and IDTM B1 Blok, KAT 14 No. 439, Ysilkoy, Istanbul, Turkey; and POUYA AIRLINE, a/k/a POUYA AIR, Mehrebad Airport, Tehran, Iran; and when acting for or on their behalf, any successors or assigns, agents, or employees (each a ‘‘Denied Person’’ and collectively the ‘‘Denied Persons’’) 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 Export Administration Regulations (‘‘EAR’’), or in any other activity subject to the EAR 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 EAR, or in any other activity subject to the EAR; 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 EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of a Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a 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 a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR 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 EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR 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, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person 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. In accordance with the provisions of Section 766.24(e) of the EAR, the Respondents may, at any time, appeal 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. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on the Respondents and shall be published in the Federal Register. This Order is effective upon issuance and shall remain in effect for 180 days. Dated: January 3, 2014. David W. Mills, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2014–00229 Filed 1–9–14; 8:45 a.m.] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation and Preliminary Results of Changed Circumstances Review Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request for a changed circumstances review (‘‘CCR’’) AGENCY: E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1823-1824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00229]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Temporarily Denying Export Privileges

3K Aviation Consulting & Logistics, a/k/a 3K Havacilik Ve 
Danismanlik SAN. TIC. LTD. ST., Biniciler Apt. Savas Cad. No. 18/5, 
Sirinyali Mah. 07160, Antalya, Turkey

and

Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya, 
Turkey

Huseyin Engin Borluca, Biniciler Apt. Savas Cad. No. 18/5, Sirinyali 
Mah. 07160, Antalya, Turkey

and

Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya, 
Turkey)

Adaero International Trade, LLC, 2326 17th Avenue, Rockford, IL 
61104

and

IDTM B 1 Blok, Kat 14 No: 439, Yesilkoy, Istanbul, Turkey

Recep Sadettin Ilgin, 2326 17th Avenue, Rockford, IL 61104

and

IDTM B 1 Blok, Kat 14 No: 439, Yesilkoy, Istanbul, Turkey

Pouya Airline, a/k/a Pouya Air, Mehrebad Airport, Tehran, Iran

Respondents.

    Pursuant to Section 766.24 of the Export Administration Regulations 
(the ``Regulations'' or ``EAR''),\1\ the Bureau of Industry and 
Security (``BIS''), U.S. Department of Commerce, through its Office of 
Export Enforcement (``OEE''), has requested that I issue an Order 
temporarily denying, for a period of 180 days, the export privileges 
under the EAR of: 3K Aviation Consulting & Logistics, also known as 3K 
Havacilik Ve Danismanlik SAN. TIC. LTD. ST.; Huseyin Engin Boluca (3K 
Aviation Consulting & Leasing's founder and director); Adaero 
International Trade, LLC; Recep Sadettin Ilgin (Adaero International 
Trade's managing director); and Pouya Airline, also known as Pouya Air.
---------------------------------------------------------------------------

    \1\ The EAR is currently codified at 15 CFR Parts 730-774 
(2013). The EAR are issued under the Export Administration Act of 
1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (``EAA''). 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)), which has been extended by successive Presidential 
Notices, the most recent being that of August 8, 2013 (78 FR 49107 
(Aug. 12, 2013)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et 
seq.) (2006 & Supp. IV 2010).
---------------------------------------------------------------------------

    Pursuant to Section 766.24, BIS may issue an order temporarily 
denying a respondent's export privileges upon a showing that the order 
is necessary in the public interest to prevent an ``imminent 
violation'' of the Regulations. 15 CFR 766.24(b)(1) and 776.24(d). ``A 
violation may be `imminent' either in time or degree of likelihood.'' 
15 CFR 766.24(b)(3). BIS may show ``either that a violation is about to 
occur, or that the general circumstances of the matter under 
investigation or case under criminal or administrative charges 
demonstrate a likelihood of future violations.'' Id. As to the 
likelihood of future violations, BIS may show that the violation under 
investigation or charge ``is significant, deliberate, covert and/or 
likely to occur again, rather than technical or negligent[.]'' Id. A 
``lack of information

[[Page 1824]]

establishing the precise time a violation may occur does not preclude a 
finding that a violation is imminent, so long as there is sufficient 
reason to believe the likelihood of a violation.'' Id.
    In its request, BIS has presented evidence that, in December 2013, 
two U.S.-origin General Electric CF6 aircraft engines \2\ bearing 
manufacturer's serial numbers (``MSN'') 695244 and 705112 were 
transported on behalf of Adaero International Trade, LLC to 3K Aviation 
Consulting & Logistics (``3K Aviation''), which is located in Turkey. 
Additionally, BIS has been notified that 3K Aviation is preparing to 
immediately re-export the engines to Iran without the U.S. Government 
authorization required by Section 746.7 of the EAR. BIS was further 
notified that Pouya Airline, an Iranian cargo airline, is scheduled to 
transport both engines from Turkey to Iran on January 7, 2014.
---------------------------------------------------------------------------

    \2\ The engines are items subject to the Regulations, classified 
under Export Control Classification Number 9A991.d, and controlled 
for anti-terrorism reasons.
---------------------------------------------------------------------------

    I find that the evidence presented by BIS demonstrates that a 
violation of the Regulations is imminent in both time and degree of 
likelihood. As such, a TDO is needed to give notice to persons and 
companies in the United States and abroad that they should cease 
dealing with the Respondents in export transactions involving items 
subject to the EAR. Such a TDO is consistent with the public interest 
to preclude future violations of the EAR.
    Accordingly, I find that a TDO naming 3K Aviation Consulting & 
Logistics, Huseyin Engin Borluca, Adaero International Trade, Recep 
Sadettin Ilgin, and Pouya Airline is necessary, in the public interest, 
to prevent an imminent violation of the EAR.
    This Order is being issued on an ex parte basis without a hearing 
based upon BIS's showing of an imminent violation in accordance with 
Section 766.24 of the Regulations.
    It is therefore ordered:
    First, that 3K AVIATION CONSULTING & LOGISTICS, A/K/A 3K HAVACILIK 
VE DANISMANLIK SAN. TIC. LTD. ST., Biniciler Apt. Savas Cad. No. 18/5, 
Sirinyali Mah. 07160, Antalya, Turkey, and Sonmez Apt. No. 4/5 1523 
Sokak, Sirinyali Mah. 07160, Antalya, Turkey; HUSEYIN ENGIN BORLUCA, 
Biniciler Apt. Savas Cad. No. 18/5, Sirinyali Mah. 07160, Antalya, 
Turkey, and Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, 
Antalya, Turkey; ADAERO INTERNATIONAL TRADE, LLC, 2326 17th Avenue, 
Rockford, IL 61104, and IDTM B1 Blok, KAT 14 No. 439, Ysilkoy, 
Istanbul, Turkey; RECEP SADETTIN ILGIN, 2326 17th Avenue, Rockford, IL 
61104, and IDTM B1 Blok, KAT 14 No. 439, Ysilkoy, Istanbul, Turkey; and 
POUYA AIRLINE, a/k/a POUYA AIR, Mehrebad Airport, Tehran, Iran; and 
when acting for or on their behalf, any successors or assigns, agents, 
or employees (each a ``Denied Person'' and collectively the ``Denied 
Persons'') 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 Export 
Administration Regulations (``EAR''), or in any other activity subject 
to the EAR 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 EAR, or in any other activity 
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of a Denied Person any item 
subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a Denied Person of the ownership, possession, or control 
of any item subject to the EAR that has been or will be exported from 
the United States, including financing or other support activities 
related to a transaction whereby a 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 a Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from a Denied Person in the United States any item 
subject to the EAR 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 EAR 
that has been or will be exported from the United States and which is 
owned, possessed or controlled by a Denied Person, or service any item, 
of whatever origin, that is owned, possessed or controlled by a Denied 
Person if such service involves the use of any item subject to the EAR 
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, after notice and opportunity for comment as provided 
in section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to a Denied Person 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.
    In accordance with the provisions of Section 766.24(e) of the EAR, 
the Respondents may, at any time, appeal 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.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondents may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary for Export Enforcement, which must be 
received not later than seven days before the expiration date of the 
Order.
    A copy of this Order shall be served on the Respondents and shall 
be published in the Federal Register.
    This Order is effective upon issuance and shall remain in effect 
for 180 days.

    Dated: January 3, 2014.
 David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2014-00229 Filed 1-9-14; 8:45 a.m.]
BILLING CODE P

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