In the Matter of: David L. Maricola, Inmate Number: 96672-038, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640, 39103-39104 [2017-17371]
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39103
Notices
Federal Register
Vol. 82, No. 158
Thursday, August 17, 2017
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
Opportunity To Comment on the
Applicants for the South Carolina Area
Consisting of the Entire State of South
Carolina, Except Those Export Port
Locations Within the State, Which Are
Serviced by the South Carolina
Department of Agriculture
Grain Inspection, Packers and
Stockyards Administration (GIPSA),
USDA.
ACTION: Notice and request for
comments.
AGENCY:
GIPSA requests comments on
the applicants for designation to provide
official services in the South Carolina
Area that was open for designation.
South Carolina Department of
Agriculture (SCDA) applied for the
entire State of South Carolina. D.R.
Schaal Agency, Inc. (Schaal) applied for
all or part of the State of South Carolina.
DATES: GIPSA will consider comments
received by September 18, 2017.
ADDRESSES: We invite you to submit
comments on these applicants. You may
submit comments by any of the
following methods:
• Mail, Courier or Hand Delivery:
Sharon Lathrop, Compliance Officer,
USDA, GIPSA, FGIS, QACD, 10383
North Ambassador Drive, Kansas City,
MO 64153.
• Fax: Sharon Lathrop, 816–872–
1257.
• Email: FGIS.QACD@usda.gov.
• Submit Comments Using the
Internet: Go to https://
www.regulations.gov. Instructions for
submitting and reading comments are
detailed on the site.
Read Applications and Comments:
All applications and comments will be
available for public inspection at the
office above during regular business
hours (7 CFR 1.27(c)).
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sharon Lathrop, 816–891–0415 or
FGIS.QACD@usda.gov.
SUPPLEMENTARY INFORMATION: In the May
22, 2017, Federal Register (82 FR
23175), GIPSA asked persons interested
in providing official services in the
South Carolina Area to submit an
application for designation.
There were two applicants for the
South Carolina Area, comprised of the
entire State of South Carolina, except
those export port locations which are
serviced by SCDA, which was open for
designation: SCDA applied for the entire
area currently assigned to them. Schaal
applied for the entire State or the
following nine counties within the State
of South Carolina: Allendale, Bamberg,
Barnwell, Beaufort, Charleston,
Colleton, Georgetown, Hampton, and
Jasper.
docketed on May 16, 2017, requesting
expanded subzone status for the
facilities of Conair Corporation (Conair),
Subzone 75A, located in Glendale,
Arizona (82 FR 25239, June 1, 2017).
The City of Phoenix subsequently
requested and obtained approval for the
expanded subzone status for Conair
under the alternative site framework. As
a result, the City of Phoenix has
withdrawn the initial application
requesting expanded subzone status. For
further information, contact Christopher
Kemp at Christopher.Kemp@trade.gov
or (202) 482–0862.
Dated: August 11, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–17363 Filed 8–16–17; 8:45 am]
BILLING CODE P3510–DS–P
Request for Comments
DEPARTMENT OF COMMERCE
GIPSA is publishing this notice to
provide interested persons the
opportunity to present comments
concerning the applicants. Commenters
are encouraged to submit reasons and
pertinent data for support or objection
to the designation of the applicants. All
comments must be submitted to QACD
at the above address or at https://
www.regulations.gov. GIPSA will
consider all comments received timely
along with other available information
when making a final decision. GIPSA
will then publish a notice of the final
decision in the Federal Register, and
GIPSA will send the applicants written
notification of the decision.
Bureau of Industry and Security
Authority: 7 U.S.C. 71–87k.
Randall D. Jones,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 2017–17358 Filed 8–16–17; 8:45 am]
BILLING CODE P3410–KD–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–77–2017]
Foreign-Trade Zone 75—Phoenix,
Arizona; Withdrawal of Application for
Subzone Expansion; Conair
Corporation, Glendale, Arizona
The City of Phoenix, Arizona, grantee
of FTZ 75, submitted an application,
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In the Matter of: David L. Maricola,
Inmate Number: 96672–038, FCI Fort
Dix, P.O. Box 2000, Joint Base MDL, NJ
08640
Order Denying Export Privileges
On August 24, 2016, in the U.S.
District Court for the District of
Massachusetts, David L. Maricola
(‘‘Maricola’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Maricola was convicted of,
among other things, 19 counts of
knowingly and willfully exporting and
attempting to export from the United
States to various countries defense
articles designated on the United States
Munitions List, namely, firearm parts,
without the required U.S. Department of
State licenses. Maricola was sentenced
to 33 months in prison, three years of
supervised release, and a $3,200
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 (2017). The Regulations issued pursuant to the
Export Administration Act (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
E:\FR\FM\17AUN1.SGM
Continued
17AUN1
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39104
Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / 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 EAA
[Export Administration Act], 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 pursuant to
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’) or the Regulations in
which the person had an interest at the
time of his conviction.
BIS has received notice of Maricola’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Maricola to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Maricola.
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 Maricola’s
export privileges under the Regulations
for a period of 10 years from the date of
Maricola’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Maricola had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 24, 2026, David L. Maricola,
with a last known address of Inmate
Number: 96672–038, FCI Fort Dix, P.O.
Box 2000, Joint Base MDL, NJ 08640,
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
has been extended by successive Presidential
Notices, the most recent being that of August 4,
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq. (2012)).
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19:44 Aug 16, 2017
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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 engaging
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
from 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,
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Sfmt 4703
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 Maricola 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, Maricola 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 Maricola and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 24, 2026.
Issued: August 10, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–17371 Filed 8–16–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Alexandre Dos Anjos
Oliveira, Inmate Number: 05753–104,
McRae Federal Correctional Institution,
P.O. Drawer 55030, McRae Helena, GA
31055; Order Denying Export
Privileges
On April 9, 2015, in the U.S. District
Court for the Southern District of
Florida, Alexandre Dos Anjos Oliveira
(‘‘Oliveira’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Oliveira was convicted of
knowingly and willfully attempting to
export from the United States to Brazil
firearm barrels, cylinders, receivers,
components, parts, and accessories
designated as defense articles on the
United States Munitions List, without
the required State Department licenses.
Oliveira was sentenced to 38 months in
prison, one year of supervised release,
and a $100 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–
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Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Notices]
[Pages 39103-39104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17371]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: David L. Maricola, Inmate Number: 96672-038,
FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640
Order Denying Export Privileges
On August 24, 2016, in the U.S. District Court for the District of
Massachusetts, David L. Maricola (``Maricola'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Maricola was convicted of, among
other things, 19 counts of knowingly and willfully exporting and
attempting to export from the United States to various countries
defense articles designated on the United States Munitions List,
namely, firearm parts, without the required U.S. Department of State
licenses. Maricola was sentenced to 33 months in prison, three years of
supervised release, and a $3,200 assessment.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent
[[Page 39104]]
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 [Export Administration Act], 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 pursuant to the Export Administration Act
(``EAA'' or ``the Act'') or the Regulations in which the person had an
interest at the time of his conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations
issued pursuant to the Export Administration Act (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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------
BIS has received notice of Maricola's conviction for violating the
AECA, and has provided notice and an opportunity for Maricola to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Maricola.
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 Maricola's export privileges under the Regulations
for a period of 10 years from the date of Maricola's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Maricola had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until August 24, 2026, David L.
Maricola, with a last known address of Inmate Number: 96672-038, FCI
Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640, 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 engaging 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 from 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 Maricola 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, Maricola
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 Maricola and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 24, 2026.
Issued: August 10, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-17371 Filed 8-16-17; 8:45 am]
BILLING CODE P