In the Matter of: Yavuz Cizmeci, Yesiloy Cad. No. 13, Istanbul 34153, Turkey, Respondent; Order Relating to Yavuz Cizmeci, 18194-18195 [2015-07566]
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18194
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
and marine waters of the United States.
To this end, NOAA’s National Marine
Protected Areas Center (MPA Center),
part of the Office of National Marine
Sanctuaries (ONMS), proposes to
continue and augment an ongoing effort
to inventory all U.S. MPAs.
The MPA Center was established
under Executive Order 13158, which
directs NOAA and the Department of
the Interior to work collaboratively with
state, federal, territorial and tribal
partners to enhance ocean conservation
and management throughout the
nation’s system of MPAs. The Marine
Protected Areas Inventory—a publicly
available, online, spatial database that
provides detailed and unique
information on MPAs nationwide—is
fundamental to this goal. Required by
Executive Order 13158, the Inventory
provides access to data and summary
products on over 1,600 MPA sites across
different management programs and all
levels of government. The MPA
Inventory is accessible via the MPA
Center’s Web site,
marineprotectedareas.noaa.gov.
The MPA Inventory data collection
continues the periodic and voluntary
solicitation of site-specific descriptive
data from all MPAs in the U.S.
Typically, an individual MPA site
would complete an online site data form
once, and then update it if necessary to
reflect changes in boundaries,
regulations, management approaches,
etc. The MPA Inventory is frequently
used by ocean managers, users,
scientists and others to better
understand place-based management of
U.S. waters.
In addition to continuing to manage
and share descriptive information on
U.S. MPAs, the MPA Center proposes to
contact State and Federal MPA
managers to solicit and facilitate their
participation in a voluntary survey
about conditions and trends in
recreational uses of their sites. Data
addressing the nature, trends, drivers
and implications of recreational uses
will be collected from U.S. MPA
managers electronically over a period of
6 weeks using an online survey
instrument. Individual managers’
responses will remain confidential and
the results aggregated to illustrate
meaningful general trends rather data
specific to a single MPA. Important
patterns and lessons learned from this
data collection will be shared directly
with MPA managers around the country
to assist in their management of some of
the nation’s most treasured ocean and
coastal areas.
Affected Public: State, local and tribal
governments.
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Frequency: On occasion and
biannually.
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: March 30, 2015.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2015–07584 Filed 4–2–15; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[13–BIS–002]
In the Matter of: Yavuz Cizmeci,
Yesiloy Cad. No. 13, Istanbul 34153,
Turkey, Respondent; Order Relating to
Yavuz Cizmeci
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Yavuz Cizmeci of Istanbul,
Turkey (‘‘Cizmeci’’), that it has initiated
an administrative proceeding against
Cizmeci pursuant to Section 766.3 of the
Export Administration Regulations (the
‘‘Regulations’’),1 and Section 13(c) of
the Export Administration Act of 1979,
as amended (the ‘‘Act’’),2 through the
issuance of a Charging Letter to Cizmeci
that alleges that Cizmeci committed one
violation of the Regulations.
Specifically, the charge is:
Charge 1: 15 CFR 764.2(b)—Causing,
Aiding, or Abetting Actions Contrary to the
Terms of a Temporary Denial Order
Between on or about June 26, 2008, and on
or about June 27, 2008, Cizmeci caused,
aided, abetted, induced, procured or
permitted an act or actions prohibited by a
BIS Temporary Denial Order (‘‘the TDO’’)
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2014). The charged violation occurred in 2008.
The Regulations governing the violation at issue are
found in the 2008 version of the Code of Federal
Regulations (15 CFR parts 730–774). The 2014
Regulations set forth the procedures that apply to
this matter.
2 50 U.S.C. app. §§ 2401–2420 (2000). 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 7,
2014 (79 FR 46959 (Aug. 11, 2014)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.) 2006 & Supp. IV 2010)).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
issued in accordance with Section 766.24 of
the Regulations. Specifically, Cizmeci
caused, aided, abetted, induced, procured or
permitted the participation by Dunyaya Bais
Hava Tasimaciligi A.S., also known as
Dunyaya Bakis Air Transportation, Inc., and
doing business as Ankair (‘‘Ankair’’), of
Istanbul, Turkey, in a transaction concerning
a U.S.-origin Boeing 747 aircraft
(manufacturer’s serial number 24134, bearing
Turkish tail number TC–AKZ), and actions
by Ankair facilitating the acquisition,
possession and/or control by Iran Air of the
aircraft. The Boeing 747 was an item subject
to the Regulations, classified under Export
Control Classification Number 9A991.b,
controlled for anti-terrorism reasons, and
valued at least at approximately $5.3 million.
Cizmeci, who was the CEO and President
of Ankair, submitted a letter dated June 26,
2008, to the Turkish Civil Aviation
authorities directing that the Boeing 747
aircraft be de-registered in Turkey. Ankair
also informed Turkish authorities that the
aircraft would be subsequently re-registered
in Pakistan. Ankair instead transferred
physical possession and control of the
aircraft to Iran Air on or about June 27, 2008.
The Iran Air crew then ferried the aircraft
from Turkey to Iran, where it remained under
Iran Air’s possession and control. At the
time, Ankair’s export privileges and those of
Iran Air’s had been denied under the
Regulations by the TDO, which had issued
on June 6, 2008.3 The TDO prohibited Ankair
from ‘‘directly or indirectly, participating in
any way in any transaction involving the
Boeing 747 (manufacturer serial number
24134, and current tail number TC–AKZ),
including, but not limited to . . . [c]arrying
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 Boeing 747. . . .’’ Moreover, the
TDO provided that no person ‘‘may, directly
or indirectly, do any of the following . . .
[t]ake any action that facilitates the
acquisition or attempted acquisition by [Iran
Air or] any Denied Person [under the TDO]
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
any Denied Person acquires or attempts to
acquire such ownership, possession, or
control.’’ The TDO as issued was effective for
180 days, until December 3, 2008, and
continued in force at all times pertinent
hereto.
In so doing, Cizmeci violated Section
764.2(b) of the Regulations.
Whereas, BIS and Cizmeci have
entered into a Settlement Agreement
pursuant to Section 766.18(b) of the
3 The June 6, 2008 TDO was published in the
Federal Register on June 17, 2008 (73 FR 34249).
Iran Air was subject to a standard denial order
which extended to all items subject to the
Regulations. Ankair’s restrictions were tailored to
transactions and activities involving the Boeing 747
aircraft at issue (manufacturer’s serial number
24134).
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03APN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
Regulations, whereby they agreed to
settle this matter in accordance with the
terms and conditions set forth therein;
and
Whereas, I have approved of the terms
of such Settlement Agreement;
It is therefore ordered:
First, Cizmeci shall be assessed a civil
penalty in the amount of $50,000, the
payment of which shall be made to the
U.S. Department of Commerce within 30
days of the date of this Order.
Second, pursuant to the Debt
Collection Act of 1982, as amended (31
U.S.C. 3701–3720E (2000)), the civil
penalty owed under this Order accrues
interest as more fully described in the
attached Notice, and if payment is not
made by the due date specified herein,
Cizmeci will be assessed, in addition to
the full amount of the civil penalty and
interest, a penalty charge and an
administrative charge, as more fully
described in the attached Notice.
Third, that for a period of twenty (20)
years from the date of this Order, Yavuz
Cizmeci, with a last known address of
Yesiloy Cad. No. 13, Istanbul 34153,
Turkey, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives
(hereinafter collectively referred to as
‘‘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.
Fourth, that 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
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17:49 Apr 02, 2015
Jkt 235001
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.
Fifth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to the Denied
Person 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.
Sixth, Cizmeci shall not take any
action or make or permit to be made any
public statement, directly or indirectly,
denying the allegations in the Charging
Letter or this Order. The foregoing does
not affect Cizmeci’s testimonial
obligations in any proceeding, nor does
it affect his right to take legal or factual
positions in civil litigation or other civil
proceedings in which the U.S.
Department of Commerce is not a party.
Seventh, the Charging Letter, the
Settlement Agreement, and this Order
shall be made available to the public.
Eighth, that this Order shall be served
on Cizmeci, and shall be published in
the Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
PO 00000
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18195
Issued this 23rd day of March, 2015.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2015–07566 Filed 4–2–15; 8:45 am]
BILLING CODE M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD834
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 43 Data/
Assessment Workshop for Gulf of
Mexico Gray Triggerfish.
AGENCY:
The SEDAR 43 assessment of
the Gulf of Mexico Gray Triggerfish will
consist of one workshop and a series of
webinars. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR Workshop will be
held from 9 a.m. on April 21, 2015 until
6 p.m. on April 23, 2015. The
established time may be adjusted as
necessary to accommodate the timely
completion of discussion relevant to the
assessment process. Such adjustments
may result in the meeting being
extended from, or completed prior to
the time established by this notice.
ADDRESSES:
Meeting address: The SEDAR 43 Data/
Assessment Workshop will be held at
the Courtyard Miami Coconut Grove,
2649 South Bayshore Drive, Miami, FL
33133; telephone: (800) 321–2211.
SEDAR address: 4055 Faber Place
Drive, Suite 201, N. Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
Neer, SEDAR Coordinator, 4055 Faber
Place Drive, Suite 201, North
Charleston, SC 29405; telephone: (843)
571–4366; Email: Julie.neer@safmc.net
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a multistep process including: (1) Data/
Assessment Workshop, and (2) a series
SUMMARY:
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18194-18195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07566]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[13-BIS-002]
In the Matter of: Yavuz Cizmeci, Yesiloy Cad. No. 13, Istanbul
34153, Turkey, Respondent; Order Relating to Yavuz Cizmeci
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Yavuz Cizmeci of Istanbul, Turkey
(``Cizmeci''), that it has initiated an administrative proceeding
against Cizmeci pursuant to Section 766.3 of the Export Administration
Regulations (the ``Regulations''),\1\ and Section 13(c) of the Export
Administration Act of 1979, as amended (the ``Act''),\2\ through the
issuance of a Charging Letter to Cizmeci that alleges that Cizmeci
committed one violation of the Regulations. Specifically, the charge
is:
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2014). The charged
violation occurred in 2008. The Regulations governing the violation
at issue are found in the 2008 version of the Code of Federal
Regulations (15 CFR parts 730-774). The 2014 Regulations set forth
the procedures that apply to this matter.
\2\ 50 U.S.C. app. Sec. Sec. 2401-2420 (2000). 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 7, 2014 (79 FR 46959 (Aug. 11, 2014)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) 2006 & Supp.
IV 2010)).
---------------------------------------------------------------------------
Charge 1: 15 CFR 764.2(b)--Causing, Aiding, or Abetting Actions
Contrary to the Terms of a Temporary Denial Order
Between on or about June 26, 2008, and on or about June 27,
2008, Cizmeci caused, aided, abetted, induced, procured or permitted
an act or actions prohibited by a BIS Temporary Denial Order (``the
TDO'') issued in accordance with Section 766.24 of the Regulations.
Specifically, Cizmeci caused, aided, abetted, induced, procured or
permitted the participation by Dunyaya Bais Hava Tasimaciligi A.S.,
also known as Dunyaya Bakis Air Transportation, Inc., and doing
business as Ankair (``Ankair''), of Istanbul, Turkey, in a
transaction concerning a U.S.-origin Boeing 747 aircraft
(manufacturer's serial number 24134, bearing Turkish tail number TC-
AKZ), and actions by Ankair facilitating the acquisition, possession
and/or control by Iran Air of the aircraft. The Boeing 747 was an
item subject to the Regulations, classified under Export Control
Classification Number 9A991.b, controlled for anti-terrorism
reasons, and valued at least at approximately $5.3 million.
Cizmeci, who was the CEO and President of Ankair, submitted a
letter dated June 26, 2008, to the Turkish Civil Aviation
authorities directing that the Boeing 747 aircraft be de-registered
in Turkey. Ankair also informed Turkish authorities that the
aircraft would be subsequently re-registered in Pakistan. Ankair
instead transferred physical possession and control of the aircraft
to Iran Air on or about June 27, 2008. The Iran Air crew then
ferried the aircraft from Turkey to Iran, where it remained under
Iran Air's possession and control. At the time, Ankair's export
privileges and those of Iran Air's had been denied under the
Regulations by the TDO, which had issued on June 6, 2008.\3\ The TDO
prohibited Ankair from ``directly or indirectly, participating in
any way in any transaction involving the Boeing 747 (manufacturer
serial number 24134, and current tail number TC-AKZ), including, but
not limited to . . . [c]arrying 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 Boeing 747. . . .''
Moreover, the TDO provided that no person ``may, directly or
indirectly, do any of the following . . . [t]ake any action that
facilitates the acquisition or attempted acquisition by [Iran Air
or] any Denied Person [under the TDO] 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 any Denied
Person acquires or attempts to acquire such ownership, possession,
or control.'' The TDO as issued was effective for 180 days, until
December 3, 2008, and continued in force at all times pertinent
hereto.
---------------------------------------------------------------------------
\3\ The June 6, 2008 TDO was published in the Federal Register
on June 17, 2008 (73 FR 34249). Iran Air was subject to a standard
denial order which extended to all items subject to the Regulations.
Ankair's restrictions were tailored to transactions and activities
involving the Boeing 747 aircraft at issue (manufacturer's serial
number 24134).
---------------------------------------------------------------------------
In so doing, Cizmeci violated Section 764.2(b) of the
Regulations.
Whereas, BIS and Cizmeci have entered into a Settlement Agreement
pursuant to Section 766.18(b) of the
[[Page 18195]]
Regulations, whereby they agreed to settle this matter in accordance
with the terms and conditions set forth therein; and
Whereas, I have approved of the terms of such Settlement Agreement;
It is therefore ordered:
First, Cizmeci shall be assessed a civil penalty in the amount of
$50,000, the payment of which shall be made to the U.S. Department of
Commerce within 30 days of the date of this Order.
Second, pursuant to the Debt Collection Act of 1982, as amended (31
U.S.C. 3701-3720E (2000)), the civil penalty owed under this Order
accrues interest as more fully described in the attached Notice, and if
payment is not made by the due date specified herein, Cizmeci will be
assessed, in addition to the full amount of the civil penalty and
interest, a penalty charge and an administrative charge, as more fully
described in the attached Notice.
Third, that for a period of twenty (20) years from the date of this
Order, Yavuz Cizmeci, with a last known address of Yesiloy Cad. No. 13,
Istanbul 34153, Turkey, and when acting for or on his behalf, his
successors, assigns, employees, agents or representatives (hereinafter
collectively referred to as ``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.
Fourth, that 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.
Fifth, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the Denied Person 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.
Sixth, Cizmeci shall not take any action or make or permit to be
made any public statement, directly or indirectly, denying the
allegations in the Charging Letter or this Order. The foregoing does
not affect Cizmeci's testimonial obligations in any proceeding, nor
does it affect his right to take legal or factual positions in civil
litigation or other civil proceedings in which the U.S. Department of
Commerce is not a party.
Seventh, the Charging Letter, the Settlement Agreement, and this
Order shall be made available to the public.
Eighth, that this Order shall be served on Cizmeci, and shall be
published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Issued this 23rd day of March, 2015.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2015-07566 Filed 4-2-15; 8:45 am]
BILLING CODE M
