In the Matter of: Peter Gromacki, 88 White Bridge Road, Middletown, NY 10940; Respondent; JEN Fibers, LLC, 88 White Bridge Road, Middletown, NY 109400; Performance Engineered Nonwovens, LLC, 88 White Bridge Road, Middletown, NY 10940; Related Persons, 47898-47899 [2015-19570]
Download as PDF
<![CDATA[
47898
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices
Miami. The proposed new site is
adjacent to the Miami Customs and
Border Protection port of entry.
In accordance with the Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is
October 9, 2015. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
October 26, 2015.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz. For further
information, contact Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: August 4, 2015.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2015–19607 Filed 8–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Peter Gromacki, 88
White Bridge Road, Middletown, NY
10940; Respondent; JEN Fibers, LLC,
88 White Bridge Road, Middletown, NY
109400; Performance Engineered
Nonwovens, LLC, 88 White Bridge
Road, Middletown, NY 10940; Related
Persons
tkelley on DSK3SPTVN1PROD with NOTICES
Order Denying Export Privileges
A. Denial of Export Privileges of Peter
Gromacki
On November 26, 2013, in the U.S.
District Court for the Southern District
of New York, Peter Gromacki
(‘‘Gromack’’), was convicted of violating
the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq.
(2006 & Supp. IV 2010)) (‘‘IEEPA’’).
Specifically, Gromacki unlawfully,
willfully and knowingly exported, and
caused to be exported from the United
States T700 carbon fiber, an item subject
to the Export Administration
VerDate Sep<11>2014
18:16 Aug 07, 2015
Jkt 235001
Regulations, to China without obtaining
the required approval from BIS.
Gromacki was sentenced to three
months of imprisonment, three years of
supervised release, a $300 assessment,
and a $5,000.00 criminal fine.
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 EAA, the
EAR, of 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 ten (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 received notice of Gromacki’s
conviction for violating the IEEPA, and
has provided notice and an opportunity
for Gromacki to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
received a submission from Gromacki.
Based upon my review and
consideration of that submission, and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Gromacki’s
export privileges under the Regulations
for a period of ten (10) years from the
date of Gromacki’s conviction. I have
also decided to revoke all licenses
issued pursuant to the Act or
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The Regulations are issued pursuant to
the Export Administration Act of 1979 (50 U.S.C.
app. 2401–2420 (2000)) (‘‘the EAA’’ or ‘‘the Act’’).
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 the
International Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Regulations in which Gromacki had an
interest at the time of his conviction.
B. Denial of Export Privileges of Related
Persons JEN Fibers LLC and
Performance Engineered Nonwovens,
LLC
Pursuant to Sections 766.25(h) and
766.23 of the Regulations, the Director
of BIS’s Office of Exporter Services, in
consultation with the Director of BIS’s
Office of Export Enforcement, may, in
order to prevent evasion of a denial
order, make a denial order applicable
not only to the respondent, but also to
other persons related to the respondent
by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business.
As provided in Section 766.23 of the
Regulations, BIS gave notice to JEN
Fibers, LLC (‘‘JEN Fibers’’) and
Performance Engineered Nowovens,
LLC (‘‘Performance Engineered’’) that its
export privileges under the Regulations
could be denied for up to ten (10) years
due to its relationship with Gromacki
and that BIS believed that naming JEN
Fibers and Performance Engineered as
persons related to Gromacki would be
necessary to prevent evasion of a denial
order imposed against Gromacki. In
providing such notice, BIS gave JEN
Fibers and Performance Engineered an
opportunity to oppose their addition to
the Gromacki Denial Order as related
parties.
Having received and reviewed a
submission from Gromacki, I have
decided, following consideration of that
submission and consultations with BIS’s
Office of Export Enforcement, including
its Director, to include name JEN Fibers
and Performance Engineered as Related
Persons and make this Denial Order
applicable to JEN Fibers and
Performance Engineered, thereby
denying their export privileges for ten
(10) years from the date of Gromacki’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which JEN
Fibers and Performance Engineered had
an interest at the time of Gromacki’s
conviction. The 10-year denial period is
scheduled to end on November 26,
2023.
Gromacki is the owner of JEN Fibers
and Performance Engineered and
operates both businesses from his home.
Therefore, JEN Fibers and Performance
Engineered are related to Gromacki
within the meaning of Section 766.23.
BIS also has reason to believe that JEN
Fibers and Performance Engineered
should be added as a related persons in
order to prevent evasion of this Denial
Order.
E:\FR\FM\10AUN1.SGM
10AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices
Accordingly, it is hereby ORDERED:
First, from the date of this Order until
November 26, 2023, Peter Gromacki,
with a last known address of 88 White
Bridge Road, Middletown, NY 10940,
and when acting for or on his behalf, his
successors, assigns, employees, agents,
or representatives, and JEN Fibers LLC
and Performance Engineered
Nonwovens, LLC, with a last known
address of 88 White Bridge Road,
Middletown, NY 10940, and when
acting for or on their behalf, their
successors, assigns, directors, officers,
employees, agents, or representatives
(each as ‘‘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
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.
Second, 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 Regulations;
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 Regulations 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 Regulations that has
been exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
VerDate Sep<11>2014
18:16 Aug 07, 2015
Jkt 235001
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 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 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, in addition to the Related
Person named above, after notice and
opportunity for comment as provided in
section 766.23 of the Regulations, any
other individual, firm, corporation, or
other association or organization or
other person related to a 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 if necessary
to prevent evasion of this Order.
Fourth, in accordance with Part 756
and Section 766.25(g) of the
Regulations, Gromacki may file an
appeal of the issuance of this Order
against him 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, in accordance with Part 756 and
Section 766.23(c) of the Regulations,
JEN Fibers and Performance Engineered
may file an appeal of their naming as
related persons in this Order with the
Under Secretary of Commerce for
Industry and Security. This 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.
Sixth, a copy of this Order shall be
provided to Gromacki, JEN Fibers and
Performance Engineered and shall be
published in the Federal Register.
Seventh, this Order is effective
immediately and shall remain in effect
until November 26, 2023.
Issued this 23 day of July, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015–19570 Filed 8–7–15; 8:45 am]
BILLING CODE P
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
47899
DEPARTMENT OF COMMERCE
International Trade Administration
W.M. Keck Observatory, et al.; Notice
of Consolidated Decision on
Applications for Duty-Free Entry of
Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW., Washington, DC.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as each is intended to be
used, that was being manufactured in
the United States at the time of its order.
Docket Number: 14–030. Applicant:
W.M. Keck Observatory, Kamuela, HI
96743. Instrument: Next Generation
Adaptive Optics (NGAO) Laser System.
Manufacturer: Toptica Photonics AG,
Germany. Intended Use: See notice at 80
FR 31890, June 4, 2015. Comments:
None received. Decision: Approved. We
know of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
that was being manufactured in the
United States at the time of order.
Reasons: The instrument will be used to
provide a high quality ‘‘artificial star’’ in
the atmosphere to remove the image
blurring caused by the atmosphere, as
part of a Laser Guide Star Adaptive
Optics System. The system uses a
technique called Adaptive Optics that
measures the turbulence in Earth’s
atmosphere that causes blurring or
‘‘twinkling’’ by ‘‘flexing’’ or ‘‘bending’’
a deformable mirror at speeds of
hundreds of times per second. The
instrument is used to excite sodium
atoms residing in the mesosphere above
the Earth’s surface creating an ‘‘artificial
star’’ for measuring the atmosphere’s
turbulence. The instrument uses a laser
of a precise wavelength of 589nm
projected onto the sodium layer at 90km
in the atmosphere, for which the
stability, format and bandwidth are
critical. The wavelength, amount of
power, and spectral content required to
resonant atoms 90km in the atmosphere
are not commonly used in the laser
industry.
Docket Number: 15–003. Applicant:
University of California Santa Barbara,
Santa Barbara, CA 93106–6105.
E:\FR\FM\10AUN1.SGM
10AUN1
]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47898-47899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19570]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Peter Gromacki, 88 White Bridge Road,
Middletown, NY 10940; Respondent; JEN Fibers, LLC, 88 White Bridge
Road, Middletown, NY 109400; Performance Engineered Nonwovens, LLC, 88
White Bridge Road, Middletown, NY 10940; Related Persons
Order Denying Export Privileges
A. Denial of Export Privileges of Peter Gromacki
On November 26, 2013, in the U.S. District Court for the Southern
District of New York, Peter Gromacki (``Gromack''), was convicted of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically,
Gromacki unlawfully, willfully and knowingly exported, and caused to be
exported from the United States T700 carbon fiber, an item subject to
the Export Administration Regulations, to China without obtaining the
required approval from BIS. Gromacki was sentenced to three months of
imprisonment, three years of supervised release, a $300 assessment, and
a $5,000.00 criminal fine.
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 EAA, the EAR,
of 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 ten (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.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2015). The Regulations
are issued pursuant to the Export Administration Act of 1979 (50
U.S.C. app. 2401-2420 (2000)) (``the EAA'' or ``the Act''). 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
the International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq. (2006 & Supp. IV 2010)).
---------------------------------------------------------------------------
BIS received notice of Gromacki's conviction for violating the
IEEPA, and has provided notice and an opportunity for Gromacki to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS received a submission from Gromacki. Based upon my
review and consideration of that submission, and consultations with
BIS's Office of Export Enforcement, including its Director, and the
facts available to BIS, I have decided to deny Gromacki's export
privileges under the Regulations for a period of ten (10) years from
the date of Gromacki's conviction. I have also decided to revoke all
licenses issued pursuant to the Act or Regulations in which Gromacki
had an interest at the time of his conviction.
B. Denial of Export Privileges of Related Persons JEN Fibers LLC and
Performance Engineered Nonwovens, LLC
Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the
Director of BIS's Office of Exporter Services, in consultation with the
Director of BIS's Office of Export Enforcement, may, in order to
prevent evasion of a denial order, make a denial order applicable not
only to the respondent, but also to other persons related to the
respondent by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business.
As provided in Section 766.23 of the Regulations, BIS gave notice
to JEN Fibers, LLC (``JEN Fibers'') and Performance Engineered
Nowovens, LLC (``Performance Engineered'') that its export privileges
under the Regulations could be denied for up to ten (10) years due to
its relationship with Gromacki and that BIS believed that naming JEN
Fibers and Performance Engineered as persons related to Gromacki would
be necessary to prevent evasion of a denial order imposed against
Gromacki. In providing such notice, BIS gave JEN Fibers and Performance
Engineered an opportunity to oppose their addition to the Gromacki
Denial Order as related parties.
Having received and reviewed a submission from Gromacki, I have
decided, following consideration of that submission and consultations
with BIS's Office of Export Enforcement, including its Director, to
include name JEN Fibers and Performance Engineered as Related Persons
and make this Denial Order applicable to JEN Fibers and Performance
Engineered, thereby denying their export privileges for ten (10) years
from the date of Gromacki's conviction. I have also decided to revoke
all licenses issued pursuant to the Act or Regulations in which JEN
Fibers and Performance Engineered had an interest at the time of
Gromacki's conviction. The 10-year denial period is scheduled to end on
November 26, 2023.
Gromacki is the owner of JEN Fibers and Performance Engineered and
operates both businesses from his home. Therefore, JEN Fibers and
Performance Engineered are related to Gromacki within the meaning of
Section 766.23. BIS also has reason to believe that JEN Fibers and
Performance Engineered should be added as a related persons in order to
prevent evasion of this Denial Order.
[[Page 47899]]
Accordingly, it is hereby ORDERED:
First, from the date of this Order until November 26, 2023, Peter
Gromacki, with a last known address of 88 White Bridge Road,
Middletown, NY 10940, and when acting for or on his behalf, his
successors, assigns, employees, agents, or representatives, and JEN
Fibers LLC and Performance Engineered Nonwovens, LLC, with a last known
address of 88 White Bridge Road, Middletown, NY 10940, and when acting
for or on their behalf, their successors, assigns, directors, officers,
employees, agents, or representatives (each as ``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 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.
Second, 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 Regulations;
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 Regulations 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 Regulations that has been exported from the United States;
D. Obtain from a 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 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 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, in addition to the Related Person named above, after notice
and opportunity for comment as provided in section 766.23 of the
Regulations, any other individual, firm, corporation, or other
association or organization or other person related to a 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 if necessary to prevent evasion
of this Order.
Fourth, in accordance with Part 756 and Section 766.25(g) of the
Regulations, Gromacki may file an appeal of the issuance of this Order
against him 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, in accordance with Part 756 and Section 766.23(c) of the
Regulations, JEN Fibers and Performance Engineered may file an appeal
of their naming as related persons in this Order with the Under
Secretary of Commerce for Industry and Security. This 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.
Sixth, a copy of this Order shall be provided to Gromacki, JEN
Fibers and Performance Engineered and shall be published in the Federal
Register.
Seventh, this Order is effective immediately and shall remain in
effect until November 26, 2023.
Issued this 23 day of July, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-19570 Filed 8-7-15; 8:45 am]
BILLING CODE P
