In the Matter of: Dane Francisco Delgado, Inmate Number: 60114-379, Eden, Correctional Institution, P.O. Box 605, Eden, TX 76837; Order Denying Export Privileges, 1689-1690 [2017-00015]
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Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
II. Basis for CAPS Expansion
DEPARTMENT OF COMMERCE
A. Purpose
Foreign-Trade Zones Board
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.
The ESO is a new organization
designed to deliver common business
support and mission-enabling services
in the functional areas of human
resources, acquisition, information
technology financial management, and
other areas as determined necessary.
The mission of the ESO is to: Enhance
customer experience through the
efficient delivery of high-quality
mission-enabling services; increase
service transparency and accountability;
and enable employees, currently
performing these functions, to dedicate
more time to the unique mission needs
of their organization. The expansion of
CAPS coverage to include the ESO,
should improve the organization’s
ability to recruit and retain a highquality workforce to meet the
organization’s mission.
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.
B. Participating Employees
Employee notification of this
expansion will be accomplished by
providing employees and managers
electronic access to all CAPS policies
and procedures, including the eleven
previous Federal Register Notices. A
copy of this Federal Register notice will
also be accessible electronically upon
approval. Supervisor training and
informational briefings for employees
will be conducted as the ESO undergoes
full transition over a period of a few
years.
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III. Changes to the Project Plan
The CAPS at DoC, published in the
Federal Register on December 24, 1997
(62 FR 67434), is amended as follows:
1. The following organization will be
added to the project plan, Section II D—
Participating Organizations
Office of the Secretary (OS), Office of
the Deputy Secretary, Enterprise
Services Organization (ESO)
[FR Doc. 2017–00057 Filed 1–5–17; 8:45 am]
BILLING CODE 3510–EA–P
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[B–085–2016]
Foreign-Trade Zone (FTZ) 76—
Danbury, Connecticut Notification of
Proposed Production Activity;
MannKind Corporation, (Fumaryl
Diketopiperazone (FDKP) Carrier/
Receptor Powder), Danbury,
Connecticut
MannKind Corporation (MannKind)
submitted a notification of proposed
production activity to the FTZ Board for
its facility in Danbury, Connecticut
within Subzone 76B. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on December 21,
2016.
MannKind currently has authority to
use the facility for the production of
Technosphere Insulin®, an inhalable
insulin made by a combination of
imported fumaryl diketopiperazone
(FDKP) and domestic material active
ingredients. MannKind’s current request
would add a finished product to the
scope of authority. Pursuant to 15 CFR
400.14(b), FTZ activity would be limited
to the specific foreign-status materials
and components and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt MannKind from customs
duty payments on the foreign-status
components used in export production.
On its domestic sales, MannKind would
be able to choose the duty rate during
customs entry procedures that applies to
FDKP carrier/receptor powder (duty rate
6.5%) for the foreign-status components
and materials in the existing scope of
authority. Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
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
February 15, 2017.
A copy of the notification 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.
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1689
For further information, contact
Juanita H. Chen at Juanita.Chen@
trade.gov or (202) 482–1378.
Dated: December 28, 2016.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2016–32034 Filed 1–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Dane Francisco
Delgado, Inmate Number: 60114–379,
Eden, Correctional Institution, P.O.
Box 605, Eden, TX 76837; Order
Denying Export Privileges
On November 4, 2014, in the U.S.
District Court for the Southern District
of Texas, Dane Francisco Delgado
(‘‘Delgado’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Delgado knowingly and
willfully conspired with persons known
and unknown to export, furnish, and
cause to be exported from the United
States to Mexico defense articles
designated on the United States
Munitions List without having first
obtained from the Department of State a
license or written authorization for such
export. Delgado was sentenced to 60
months in prison, three years of
supervised release, and a $100
assessment.
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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). 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 4, 2016 (81 FR 52587 (Aug. 8,
2016)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
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1690
Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
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 Delgado’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Delgado to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has received a submission from
Delgado.
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 Delgado’s export
privileges under the Regulations for a
period of 10 years from the date of
Delgado’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Delgado had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 4, 2024, Dane Francisco
Delgado, with a last known address of
Inmate Number: 60114–379, Eden,
Correctional Institution, P.O. Box 605,
Eden, TX 76837, 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
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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 Delgado 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, Delgado 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.
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Fifth, a copy of this Order shall be
delivered to the Delgado. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 4, 2024.
Issued this 29th day of December, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–00015 Filed 1–5–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Robert Luba, Inmate
Number: 65986–050, USP Canaan, U.S.
Penitentiary, Satellite Camp, P.O. Box
200, Waymart, PA 18472; Order
Denying Export Privileges
On April 25, 2016, in the U.S. District
Court for the District of New Jersey,
Robert Luba (‘‘Luba’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, Luba knowingly
and willfully exported and caused to be
exported from the United States to India
a defense article, that is, the technical
drawing for the NSSN Class Submarine,
Torpedo Tube, Open Breech Door,
Gagging Collar A, Drawing Number
7072856, which was designated as a
defense article on the United States
Munitions List, without having first
obtained from the Department of State a
license for such export or written
authorization for such export. Luba was
sentenced six months in prison, three
years of supervised release, $173,736.67
in restituition, and a $200 assessment.
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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). 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 4, 2016 (81 FR 52587 (Aug. 8,
2016)), 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\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1689-1690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00015]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Dane Francisco Delgado, Inmate Number: 60114-
379, Eden, Correctional Institution, P.O. Box 605, Eden, TX 76837;
Order Denying Export Privileges
On November 4, 2014, in the U.S. District Court for the Southern
District of Texas, Dane Francisco Delgado (``Delgado''), was convicted
of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Delgado knowingly and willfully
conspired with persons known and unknown to export, furnish, and cause
to be exported from the United States to Mexico defense articles
designated on the United States Munitions List without having first
obtained from the Department of State a license or written
authorization for such export. Delgado was sentenced to 60 months in
prison, three years of supervised release, and a $100 assessment.
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
[[Page 1690]]
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 (2016). 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 4, 2016 (81 FR 52587
(Aug. 8, 2016)), 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 Delgado's conviction for violating the
AECA, and has provided notice and an opportunity for Delgado to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has received a submission from Delgado.
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 Delgado's export privileges under the Regulations
for a period of 10 years from the date of Delgado's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Delgado had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until November 4, 2024, Dane
Francisco Delgado, with a last known address of Inmate Number: 60114-
379, Eden, Correctional Institution, P.O. Box 605, Eden, TX 76837, 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 Delgado 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, Delgado 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 Delgado. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 4, 2024.
Issued this 29th day of December, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-00015 Filed 1-5-17; 8:45 am]
BILLING CODE P
