In the Matter of: Mario Obdulio Padilla, Inmate #98126-004, FCI Petersburg Low, Federal Correctional Institution, P.O. Box 1000, Petersburg, VA 23804; Order Denying Export Privileges, 2681-2682 [2015-00708]

Download as PDF Federal Register / Vol. 80, No. 12 / Tuesday, January 20, 2015 / Notices Affected Public: Business or other forprofit organizations. Frequency: Once every four years. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. 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 or fax to (202) 395–5806. Dated: January 13, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2015–00667 Filed 1–16–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE rljohnson on DSK3VPTVN1PROD 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: Protocol for Access to Tissue Specimen Samples from the National Marine Mammal Tissue Bank. OMB Control Number: 0648–0468. Form Number(s): None. Type of Request: Regular (extension of a currently approved information collection). Number of Respondents: 50. Average Hours per Response: Tissue requests and tissue submission, 1 hour each; reporting on research, 2 hours. Burden Hours: 160. Needs and Uses: This request is for extension of a currently approved information collection. In 1989, the National Marine Mammal Tissue Bank (NMMTB) was established by the National Marine Fisheries Service (NMFS) Office of Protected Resources (OPR) in collaboration with the National Institute of Standards and Technology (NIST), Minerals Management Service (MMS), and the US Geological Survey/Biological Resources Division (USGS/BRD). The NMMTB provides protocols, techniques, and physical facilities for the long-term storage of tissues from marine mammals. Scientists can request tissues from this repository for retrospective analyses to determine environmental VerDate Sep<11>2014 14:47 Jan 16, 2015 Jkt 235001 trends of contaminants and other substances of interest. The NMMTB collects, processes, and stores tissues from specific indicator species (e.g., Atlantic bottlenose dolphins, Atlantic white sided dolphins, pilot whales, harbor porpoises), animals from mass strandings, animals that have been obtained incidental to commercial fisheries, animals taken for subsistence purposes, biopsies, and animals from unusual mortality events through two projects, the Marine Mammal Health and Stranding Response Program (MMHSRP) and the Alaska Marine Mammal Tissue Archival Project (AMMTAP). The purposes of this collection of information are: 1) to enable NOAA to allow the scientific community the opportunity to request tissue specimen samples from the NMMTB and, 2) to enable the Marine Mammal Health and Stranding Response Program (MMHSRP) of NOAA to assemble information on all specimens submitted to the Marine Environmental Specimen Bank (Marine ESB), which includes the NMMTB. Affected Public: Not-for-profit institutions; business or other for-profit organizations; state, local and tribal governments; individuals or households. Frequency: On occasion. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. 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 or fax to (202) 395–5806. Dated: January 13, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2015–00648 Filed 1–16–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Mario Obdulio Padilla, Inmate #98126–004, FCI Petersburg Low, Federal Correctional Institution, P.O. Box 1000, Petersburg, VA 23804; Order Denying Export Privileges On December 17, 2012, in the U.S. District Court for the Southern District of Florida, Mario Obdulio Padilla (‘‘Padilla’’) was convicted of violating PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 2681 Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)). Specifically, Padilla conspired, knowingly and willfully attempted to export defense articles, that is AR–15M– 16 firearm barrels, receivers, components, parts, and accessories, from the United States to Honduras without having first obtained a license or written approval from the U.S. Department of State. Padilla was sentenced 37 months of imprisonment, two years of supervised release and fined a $200 assessment. Padilla is also listed on the U.S. Department of State Debarred List. 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. § 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 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. BIS has received notice of Padilla’s conviction for violating AECA, and in accordance with Section 766.25 of the Regulations, BIS has provided notice and an opportunity for Padilla to make a written submission to BIS. BIS has not received a submission from Padilla. Based upon my review and consultations with BIS’s Office of 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2014). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. app. §§ 2401– 2420 (2000)) (‘‘EAA’’). 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 7, 2014 (79 FR 46959 (August 11, 2014)), has continued the Regulations in effect under IEEPA. E:\FR\FM\20JAN1.SGM 20JAN1 rljohnson on DSK3VPTVN1PROD with NOTICES 2682 Federal Register / Vol. 80, No. 12 / Tuesday, January 20, 2015 / Notices Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Padilla’s export privileges under the Regulations for a period of 10 years from the date of Padilla’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Padilla had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until December 17, 2022, Mario Obdulio Padilla, with a last known address of Inmate Number: 98126–004, FCI Petersburg Low, Federal Correctional Institution, P.O. Box 1000, Petersburg, VA 23804, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (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, 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. Second, 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 VerDate Sep<11>2014 14:47 Jan 16, 2015 Jkt 235001 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, 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 Padilla by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Padilla 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. Fifth, a copy of this Order shall be delivered to the Padilla. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 17, 2022. Issued this 12th day of January, 2015. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2015–00708 Filed 1–16–15; 8:45 am] BILLING CODE P PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–570–018] Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: January 20, 2015. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Josh Startup, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593, or (202) 482–5260, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Postponement of Preliminary Determination On September 22, 2014, the Department of Commerce (‘‘Department’’) published a notice initiating an antidumping duty investigation of boltless steel shelving units prepackaged for sale from the People’s Republic of China (‘‘PRC’’).1 Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.205(b)(1) state that the Department will make a preliminary determination no later than 140 days after the date of the initiation (i.e., September 15, 2014). Accordingly, the preliminary determination of this antidumping duty investigation is currently due no later than February 2, 2015. On January 5, 2015, Edsal Manufacturing Co., Inc. (‘‘Petitioner’’), made a timely request, pursuant to 19 CFR 351.205(e), for postponement of the preliminary determination, in order to facilitate the Department’s analysis of respondents’ questionnaire responses and interested parties’ surrogate value data submissions. Because there are no compelling reasons to deny the request, in accordance with section 733(c)(1)(A) of the Act, the Department is postponing the deadline for the preliminary determination by 50 days.2 1 See Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Initiation of Antidumping Duty Investigation, 79 FR 56562 (September 22, 2014). 2 See Letter to the Secretary of Commerce from Petitioner ‘‘Request to Postpone Preliminary Determination’’ (January 5, 2015). Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20JAN1.SGM 20JAN1

Agencies

[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2681-2682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00708]


-----------------------------------------------------------------------

 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Mario Obdulio Padilla, Inmate #98126-004, FCI 
Petersburg Low, Federal Correctional Institution, P.O. Box 1000, 
Petersburg, VA 23804; Order Denying Export Privileges

    On December 17, 2012, in the U.S. District Court for the Southern 
District of Florida, Mario Obdulio Padilla (``Padilla'') was convicted 
of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)). Specifically, Padilla conspired, knowingly and willfully 
attempted to export defense articles, that is AR-15M-16 firearm 
barrels, receivers, components, parts, and accessories, from the United 
States to Honduras without having first obtained a license or written 
approval from the U.S. Department of State. Padilla was sentenced 37 
months of imprisonment, two years of supervised release and fined a 
$200 assessment. Padilla is also listed on the U.S. Department of State 
Debarred List.
    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.  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 766.25(d); see also 50 
U.S.C. app. Sec.  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.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2014). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). 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 7, 2014 (79 FR 46959 (August 11, 2014)), has 
continued the Regulations in effect under IEEPA.
---------------------------------------------------------------------------

    BIS has received notice of Padilla's conviction for violating AECA, 
and in accordance with Section 766.25 of the Regulations, BIS has 
provided notice and an opportunity for Padilla to make a written 
submission to BIS. BIS has not received a submission from Padilla.
    Based upon my review and consultations with BIS's Office of

[[Page 2682]]

Export Enforcement, including its Director, and the facts available to 
BIS, I have decided to deny Padilla's export privileges under the 
Regulations for a period of 10 years from the date of Padilla's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Padilla had an interest at the time 
of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until December 17, 2022, Mario 
Obdulio Padilla, with a last known address of Inmate Number: 98126-004, 
FCI Petersburg Low, Federal Correctional Institution, P.O. Box 1000, 
Petersburg, VA 23804, and when acting for or on his behalf, his 
successors, assigns, employees, agents or representatives (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, 
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.
    Second, 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.
    Third, 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 Padilla by ownership, control, 
position of responsibility, affiliation, or other connection in the 
conduct of trade or business may also be made subject to the provisions 
of this Order in order to prevent evasion of this Order.
    Fourth, in accordance with Part 756 of the Regulations, Padilla 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.
    Fifth, a copy of this Order shall be delivered to the Padilla. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 17, 2022.

    Issued this 12th day of January, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-00708 Filed 1-16-15; 8:45 am]
BILLING CODE P