In the Matter of: Roger Sobrado; Inmate Number: 71907-050; USP Lewisburg, U.S. Penitentiary, P.O. Box 1000, Lewisburg, PA 17837; Order Denying Export Privileges, 45703-45704 [2021-17455]
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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Foreign-Trade Zones Board
[S–121–2021]
[S–120–2021]
Foreign-Trade Zone 18—San Jose,
California; Application for Expansion
of Subzone 18G; Tesla, Inc., Lathrop,
California
Foreign-Trade Zone 98–Birmingham,
Alabama; Application for Subzone;
Mercedes Benz USA, LLC, Vance,
Alabama
lotter on DSK11XQN23PROD with NOTICES1
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the City of Birmingham, Alabama,
grantee of FTZ 98, requesting subzone
status for the facility of Mercedes Benz
USA, LLC (MBUSA), located in Vance,
Alabama. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
August 10, 2021.
The proposed subzone (42.23 acres) is
located at 11146 Will Walker Road,
Vance, Alabama. No authorization for
production activity has been requested
at this time. The proposed subzone
would be subject to the existing
activation limit of FTZ 98.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
September 27, 2021. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to October 12, 2021.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov.
Dated: August 10, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–17467 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DS–P
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17:21 Aug 13, 2021
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An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the City of San Jose, grantee of FTZ 18,
requesting an expansion of Subzone 18G
on behalf of Tesla, Inc., in Lathrop,
California. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
August 10, 2021.
Subzone 18G currently consists of the
following sites: Site 1 (25.28 acres)—
3500 Deer Creek Road, Palo Alto; Site 2
(265.88 acres)—45500 Fremont
Boulevard, Fremont; Site 3 (10 acres)—
2875 Prune Avenue, Fremont; Site 4
(39.21 acres)—901 and 1055 Page
Avenue and 47700 Kato Road, Fremont;
Site 5 (15.79)—47400 Kato Road,
Fremont; Site 6 (31.91 acres)—6800 and
6900 Dumbarton Circle, Fremont; Site 7
(0.67 acres)—3777 and 3785 Spinnaker
Court, Fremont; Site 8 (14.93 acres)—
31353 Huntwood Avenue, Hayward;
Site 11 (10.60 acres)—1710 Little
Orchard Street, San Jose; Site 12 (18.8
acres)—800 Atlantis Street, Livermore;
Site 13 (32.85 acres)—201 Discovery
Drive, Livermore; Site 14 (7.76 acres)—
1050 77th Avenue, Oakland; and, Site
15 (2.181 acres)—55 Admiral Robert
Toney Way, Oakland.
The applicant is now requesting
authority to expand the subzone to
include the following additional sites in
Lathrop, San Joaquin County: Site 16
(29.11 acres)—18260 South Harlan
Road; Site 17 (12.5 acres)—18250
Murphy Parkway; Site 18 (48.64
acres)—17100 Murphy Parkway; Site 19
(23.07 acres)—701 D’Arcy Parkway; Site
20 (28.02 acres)—700 D’Arcy Parkway;
Site 21 (13.2 acres)—401/501 Tesla
Drive; and, Site 22 (4.86 acres)—500
Louise Avenue. The expanded subzone
would be subject to the existing
activation limit of FTZ 18.
In accordance with the FTZ Board’s
regulations, Qahira El-Amin of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
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Frm 00002
Fmt 4703
Sfmt 4703
45703
closing period for their receipt is
September 27, 2021. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to October 12, 2021.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Qahira El-Amin at Qahira.El-Amin@
trade.gov.
Dated: August 10, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–17466 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Roger Sobrado;
Inmate Number: 71907–050; USP
Lewisburg, U.S. Penitentiary, P.O. Box
1000, Lewisburg, PA 17837; Order
Denying Export Privileges
On September 5, 2019, in the U.S.
District Court for the District of New
Jersey, Roger Sobrado (‘‘Sobrado’’), was
convicted of violating 18 U.S.C. 371.
Specifically, Sobrado was convicted of
knowingly and intentionally conspiring
and agreeing with others to export and
causing to be exported ITAR-controlled
technical data, designated as defense
articles on the United States Munitions
List, to one or more foreign nationals,
without having first obtained from the
United States Department of State, a
license or other written approval for
such export. Sobrado was sentenced to
36 months in prison, three years of
supervised released, $300 special
assessment and restitution of
$8,043,977.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
371, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Sobrado’s conviction post-dates ECRA’s
enactment on August 13, 2018.
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45704
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Sobrado’s
conviction for violating 18 U.S.C. 371,
and has provided notice and
opportunity for Sobrado to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Sobrado.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Sobrado’s export
privileges under the Regulations for a
period of 10 years from the date of
Sobrado’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Sobrado had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 5, 2029, Roger Sobrado, with
a last known address of Inmate Number:
71907–050, USP Lewisburg, U.S.
Penitentiary, P.O. Box 1000, Lewisburg,
PA 17837, 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.
2 The
Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021).
3 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 73411, November 18, 2020).
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17:21 Aug 13, 2021
Jkt 253001
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, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Sobrado 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, Sobrado 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 Sobrado and shall be
published in the Federal Register.
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Fmt 4703
Sfmt 4703
Sixth, this Order is effective
immediately and shall remain in effect
until September 5, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–17455 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Oben Cabalceta,
Inmate Number: 72454–050, FCI
Oakdale, Federal Correctional
Institution, P.O. Box 5010, Oakdale, LA
71463; Order Denying Export
Privileges
On September 18, 2019, in the U.S.
District Court for the District of New
Jersey, Oben Cabalceta (‘‘Cabalceta’’),
was convicted of violating 18 U.S.C.
371. Specifically, Cabalceta was
convicted of knowingly and
intentionally conspiring and agreeing
with others to export and causing to be
exported ITAR-controlled technical
data, designated as defense articles on
the United States Munitions List, to one
or more foreign nationals, without
having first obtained from the United
States Department of State, a license or
other written approval for such export.
Cabalceta was sentenced to 42 months
in prison, two years of supervised
released, $200 special assessment and
restitution of $1,890,939.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
371, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Cabalceta’s
conviction for violating 18 U.S.C. 371,
and has provided notice and
opportunity for Cabalceta to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 66.25.2 BIS
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Cabalceta’s conviction post-dates
ECRA’s enactment on August 13, 2018.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021).
E:\FR\FM\16AUN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45703-45704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17455]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Roger Sobrado; Inmate Number: 71907-050; USP
Lewisburg, U.S. Penitentiary, P.O. Box 1000, Lewisburg, PA 17837; Order
Denying Export Privileges
On September 5, 2019, in the U.S. District Court for the District
of New Jersey, Roger Sobrado (``Sobrado''), was convicted of violating
18 U.S.C. 371. Specifically, Sobrado was convicted of knowingly and
intentionally conspiring and agreeing with others to export and causing
to be exported ITAR-controlled technical data, designated as defense
articles on the United States Munitions List, to one or more foreign
nationals, without having first obtained from the United States
Department of State, a license or other written approval for such
export. Sobrado was sentenced to 36 months in prison, three years of
supervised released, $300 special assessment and restitution of
$8,043,977.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, 18 U.S.C.
371, may be denied for a period of up to ten (10) years from the date
of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In
addition, any Bureau of Industry and Security (BIS) licenses or other
authorizations issued under ECRA, in which the person had an
[[Page 45704]]
interest at the time of the conviction, may be revoked. Id.
---------------------------------------------------------------------------
\1\ ECRA was enacted as part of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, and as amended is
codified at 50 U.S.C. 4801-4852. Sobrado's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Sobrado's conviction for violating 18 U.S.C.
371, and has provided notice and opportunity for Sobrado to make a
written submission to BIS, as provided in Section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR
766.25.\2\ BIS has not received a written submission from Sobrado.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2021).
---------------------------------------------------------------------------
Based upon my review of the record and consultations with BIS's
Office of Exporter Services, including its Director, and the facts
available to BIS, I have decided to deny Sobrado's export privileges
under the Regulations for a period of 10 years from the date of
Sobrado's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Sobrado had an interest at
the time of his conviction.\3\
---------------------------------------------------------------------------
\3\ The Director, Office of Export Enforcement, is now the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 73411, November 18, 2020).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until September 5, 2029, Roger
Sobrado, with a last known address of Inmate Number: 71907-050, USP
Lewisburg, U.S. Penitentiary, P.O. Box 1000, Lewisburg, PA 17837, 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, pursuant to Section 1760(e) of the Export Control Reform Act
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or business organization related
to Sobrado 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, Sobrado 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 Sobrado and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 5, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-17455 Filed 8-13-21; 8:45 am]
BILLING CODE 3510-DT-P
