In the Matter of: Jose Orence Cocchiola, Register Number: 02247-104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena, GA 31055; Order Denying Export Privileges, 40654-40655 [2016-14746]
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40654
Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
25). Specifically, it increases the
number of positions authorized to be
filled under direct-hire authority, now
including Pay Band III and above, and
enables FirstNet to hire, after public
notice is given, any qualified applicants
in the ZP career path series as defined
in the Basis for CAPS Expansion section
without regard to 5 U.S.C. 3309–3318, 5
CFR part 211, or 5 CFR part 337, subpart
A on a limited basis.
mstockstill on DSK3G9T082PROD with NOTICES
II. Basis for CAPS Expansion
A. Purpose
CAPS is designed to provide
managers at the lowest organizational
level the authority, control, and
flexibility to recruit, retain, develop,
recognize, and motivate its workforce,
while ensuring adequate accountability
and oversight.
FirstNet is required to manage the
deployment and maintenance of the
National Public Safety Broadband
Network (NPSBN) for public safety
responders within statutory
requirements established in the Middle
Class Tax Relief and Job Creation Act of
2012 (Pub. L. 112–96). Every phase of
the program requires FirstNet to quickly
hire qualified individuals, for
specialized roles, to meet the
requirements imposed by the Act.
FirstNet recruitment efforts, utilizing
direct-hire authority, have proven
successful for ZP positions in the
following occupational series: 0089—
Emergency Management; 0854—
Computer Engineering; and 0855—
Electronics Engineering. FirstNet was
previously authorized to utilize directhire authority to fill up to 56 positions
in the 0089 series and up to 21 positions
in the 0850; 0854; 0855 and the 1550
series, with the total number of
positions allowed to be filled under
direct-hire authority to not exceed 77
positions in the ZP career path at any
one time. By increasing the number of
authorized ZP positions to be filled
under direct-hire authority and
expanding the Pay Band to include
positions at the Pay Band III level and
above, FirstNet will continue to recruit
and compete more effectively for
qualified personnel possessing technical
expertise in 4G LTE wireless network
and other emerging wireless network
technologies and/or the development of
mobile software and network
architecture as well as individuals
possessing technical expertise in the
formulation, development, and
engagement of public safety officials in
planning and implementing the nationwide public safety broadband network
and the programmatic requirements of
the network acquisition through their
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20:02 Jun 21, 2016
Jkt 238001
public safety experience in preventing,
protecting, responding, coordinating
and/or mitigating emergency events.
These areas of expertise are critical in
order to test, evaluate, deploy, and
operate a nation-wide public safety
broadband network. The number of
positions in the 0089, Emergency
Management series, authorized to be
filled under direct-hire authority will
increase from 56 positions to 89 at Pay
Bands III and above. The number of
positions in the following series will
increase from 21 positions to 39 at Pay
Bands III and above: 0850, Electrical
Engineering; 0854, Computer
Engineering; 0855, Electronics
Engineering; and 1550, Computer
Science. The use of direct-hire authority
to fill these positions will not exceed
128 positions in the specified ZP career
paths at any one time. FirstNet will
track the number of hires made under
direct-hire authority, ensuring numbers
specified for the occupational series are
not exceeded.
Section 3304(a)(3) of Title 5 of the
United States Code, provides agencies
with the authority to appoint candidates
directly to jobs for which the Office of
Personnel Management (OPM)
determines that there is a severe
shortage of candidates or a critical
hiring need. In 1997, with the approval
of the DoC’s Demonstration Project (62
FR 67434, December 24, 1997), OPM
concurred that some occupations in the
ZP career path at the Pay Band III and
above constitute a shortage category,
and some occupations for which there is
a special rate under the General
Schedule pay system constitute a
shortage category. Past recruitment
efforts have demonstrated a critical
shortage of candidates possessing
specialized technical, programmatic and
contract expertise in 4G Long Term
Evaluation (LTE) technologies and
mobile systems, as well as expertise in
public safety organizational operations
and infrastructure capabilities.
DoC’s CAPS allows for modifications
of procedures if no new waiver from law
or regulation is added. Given that this
expansion and modification is in
accordance with existing law and
regulation and CAPS is a permanent
alternative personnel system, the DoC is
authorized to make the changes
described in this notice.
III. Changes to the Project Plan
The CAPS at DoC, originally
published in the Federal Register on
December 24, 1997 (62 FR 67434) and
subsequently expanded as discussed
above, Section III (80 FR 25, January 2,
2015), is modified as follows:
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Fmt 4703
Sfmt 4703
1. Section III Personnel System
Changes, (B) Staffing: Replace the
paragraph in subsection titled: ‘‘DirectHire Authority: Critical Shortage
Occupations’’ to state:
DoC FirstNet uses direct-hire procedures
for categories of occupations that require
skills that are in short supply. The following
occupations constitute a shortage category at
the Pay Band III and above, in the ZP Career
Path: Electronics Engineers, Electrical
Engineers, Computer Engineers, Computer
Scientists, and Emergency Management
Specialists (Public Safety). Any positions in
these categories may be filled by FirstNet
through direct-hire procedures in accordance
with 5 U.S.C. 3304(a)(3). DoC FirstNet
advertises the availability of job
opportunities in direct-hire occupations by
posting on the OPM USAJOBS Web site. DoC
FirstNet will follow internal direct-hire
procedures for accepting applications.
[FR Doc. 2016–14785 Filed 6–21–16; 8:45 am]
BILLING CODE 3510–EA–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jose Orence
Cocchiola, Register Number: 02247–
104, McRae Correctional Institution,
P.O. Drawer 55030, McRae Helena, GA
31055; Order Denying Export
Privileges
On August 19, 2014, in the U.S.
District Court for the Southern District
of Florida, Jose Orence Cocchiola
(‘‘Cocchiola’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, Cocchiola
knowingly and willfully attempted to
export defense articles, that is, 9mm
pistols, from the United States to
Venezuela, without having first
obtained a license or written approval
from the United States Department of
State. Cocchiola was sentenced 36
months of imprisonment, one year of
supervised release, and a $200
assessment.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)). 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, 2015 (80 FR 48,233 (Aug.
11, 2015)), 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\22JNN1.SGM
22JNN1
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
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. 4610(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. 4610(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 Cocchiola’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Cocchiola to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Cocchiola.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Cocchiola’s
export privileges under the Regulations
for a period of five (5) years from the
date of Cocchiola’s conviction. I have
also decided to revoke all licenses
issued pursuant to the Act or
Regulations in which Cocchiola had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 19, 2019, Jose Orence Cocchiola,
with a last known address of Register
Number: 02247–104, McRae
Correctional Institution, P.O. Drawer
55030, McRae Helena, GA 31055, 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:
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20:02 Jun 21, 2016
Jkt 238001
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 Cocchiola by
ownership, control, position of
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
40655
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, Cocchiola 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 Cocchiola. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 19, 2019.
Issued this 15 day of June 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–14746 Filed 6–21–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Ribway Airlines Company Limited, 54
Kairaba Avenue, Kanifing Municipality,
WCR, The Gambia; John Edward
Meadows, 50 St. Leonards Road,
Bexhill on Sea, East Sussex, TN40 1JB,
United Kingdom, Jeffrey John James
Ashfield, 50 St. Leonards Road, Bexhill
on Sea, East Sussex, TN40 1JB, United
Kingdom; AC AVIATIE UK Limited, f/k/
a Bin Vali Aviation Limited, 50 St.
Leonard’s Road, Bexhill on Sea, East
Sussex, TN40 1JB, United Kingdom,
Respondents; Modification of March 1,
2016 Amended Temporary Denial
Order
Pursuant to Section 766.24 of the
Export Administration Regulations (the
‘‘Regulations’’ or ‘‘EAR’’),1 I hereby
grant the request of the Office of Export
Enforcement (‘‘OEE’’) to modify the
Temporary Denial Order issued on
January 19, 2016, as amended on March
1, 2016. OEE has requested that the
1 The EAR are currently codified at 15 CFR parts
730–774 (2016). The EAR issued under the Export
Administration Act of 1979, as amended 50 U.S.C.
4601–4623 (Supp. III 2015) (available at https://
uscode.house.gov) (‘‘EAA’’ or the ‘‘Act’’). 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,
2015 (80 FR 48,223 (Aug. 11, 2015)), 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\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40654-40655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14746]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jose Orence Cocchiola, Register Number: 02247-
104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena,
GA 31055; Order Denying Export Privileges
On August 19, 2014, in the U.S. District Court for the Southern
District of Florida, Jose Orence Cocchiola (``Cocchiola''), was
convicted of violating Section 38 of the Arms Export Control Act (22
U.S.C. 2778 (2012)) (``AECA''). Specifically, Cocchiola knowingly and
willfully attempted to export defense articles, that is, 9mm pistols,
from the United States to Venezuela, without having first obtained a
license or written approval from the United States Department of State.
Cocchiola was sentenced 36 months of imprisonment, one year of
supervised release, and a $200 assessment.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent
[[Page 40655]]
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. 4610(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. 4610(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
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov)). 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, 2015 (80 FR 48,233
(Aug. 11, 2015)), 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 has received notice of Cocchiola's conviction for violating the
AECA, and has provided notice and an opportunity for Cocchiola to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Cocchiola.
Based upon my review and consultations with BIS's Office of Export
Enforcement, including its Director, and the facts available to BIS, I
have decided to deny Cocchiola's export privileges under the
Regulations for a period of five (5) years from the date of Cocchiola's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Cocchiola had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until August 19, 2019, Jose
Orence Cocchiola, with a last known address of Register Number: 02247-
104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena,
GA 31055, 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 Cocchiola 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, Cocchiola
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 Cocchiola.
This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 19, 2019.
Issued this 15 day of June 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-14746 Filed 6-21-16; 8:45 am]
BILLING CODE P
