In the Matter of: Gustavo Cavazos, 1117 Cherokee Dr., Pasadena, TX 77506; Order Denying Export Privileges, 23620-23621 [2023-08120]

Download as PDF 23620 Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses. Estimate of burden: The public burden for this collection of information is estimated to average 0.40 hours per response. Respondents: Veterinarians. Estimated annual number of respondents: 24,820. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 24,821. Estimated total annual burden on respondents: 9,929 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 12th day of April 2023. Michael Watson, Acting Administrator, Animal and Plant Health Inspection Service. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed finished products include finished industrial woven and spiral link belts (duty rate—3.8%) used in liquid and solid separation. The proposed foreign-status materials and components include rolls of woven polyester belt material, rolls of spiral polyphenylene sulfide belt material, and adhesive tape (duty rate ranges from 3.8% to 8%). The request indicates that certain materials/components are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is May 30, 2023. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Diane Finver at Diane.Finver@trade.gov. Dated: April 13, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–08151 Filed 4–17–23; 8:45 am] BILLING CODE 3410–34–P [FR Doc. 2023–08185 Filed 4–17–23; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P ddrumheller on DSK120RN23PROD with NOTICES1 Foreign-Trade Zones Board [B–26–2023] DEPARTMENT OF COMMERCE Foreign-Trade Zone (FTZ) 204, Notification of Proposed Production Activity; GSM Engineered Fabrics, LLC; (Industrial Belts); Kingsport, Tennessee Foreign-Trade Zones Board [B–63–2022] The Tri-Cities Airport Authority, grantee of FTZ 204, submitted a notification of proposed production activity to the FTZ Board (the Board) on behalf of GSM Engineered Fabrics, LLC, located in Kingsport, Tennessee within FTZ 204. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on April 12, 2023. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/ component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. VerDate Sep<11>2014 18:08 Apr 17, 2023 Jkt 259001 Foreign-Trade Zone (FTZ) 9; Authorization of Limited Production Activity; Par Hawaii Refining, LLC; (Renewable Fuels); Kapolei, Hawaii On December 14, 2022, Par Hawaii Refining, LLC submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 9A, in Kapolei, Hawaii. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 79857–79858, December 28, 2022). On April 13, 2023, the applicant was notified of the FTZ Board’s decision that authorized the production activity described in the notification for a period of five years PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 from the date of approval (until April 13, 2028), subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: April 13, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–08184 Filed 4–17–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Gustavo Cavazos, 1117 Cherokee Dr., Pasadena, TX 77506; Order Denying Export Privileges On November 19, 2020, in the U.S. District Court for the Southern District of Texas, Gustavo Cavazos (‘‘Cavazos’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Cavazos was convicted of smuggling firearms from the United States to Mexico without the required licenses. As a result of his conviction, the Court sentenced Cavazos to time served, three years of supervised release and a $100 assessment. 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. 554, 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). 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 Cavazos’s conviction for violating 18 U.S.C. 554. As provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Cavazos to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Cavazos. 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 Cavazos’s export privileges under the Regulations for a period of five years from the date of 1 ECRA was enacted on August 13, 2018, 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. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). E:\FR\FM\18APN1.SGM 18APN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices Cavazos’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Cavazos had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until November 19, 2025, Gustavo Cavazos, with a last known address of 1117 Cherokee Dr., Pasadena, TX 77506, 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, reexport, or transfer (incountry) 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; 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). VerDate Sep<11>2014 18:08 Apr 17, 2023 Jkt 259001 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 ECRA and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Cavazos 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, Cavazos 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 Cavazos and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 19, 2025. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–08120 Filed 4–17–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Darus Zehrbach, 32 Jefferson Street, Westover, WV 26501; Order Denying Export Privileges On April 24, 2019, in the U.S. District Court for the Northern District of West Virginia, Darus Zehrbach (‘‘Zehrbach’’) was convicted of violating 18 U.S.C. 1001. Specifically, Zehrbach was convicted of knowingly and willfully making a materially false, fictitious, fraudulent statement and PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 23621 representation, that is, the defendant stated in a letter to an agent of the United States Department of Commerce that any shipment he had caused to be made to Iran had originated in China, when the defendant then and there knew that any shipment he had caused to be made to Iran had originated in the United States, in violation of 18 U.S.C. 1001(a)(2). Zehrbach was sentenced to six months in prison, one year of supervised release and a $100 assessment. 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. 1001, 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). 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 Zehrbach’s conviction for violating 18 U.S.C. 1001. As provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Zehrbach to make a written submission to BIS. 15 CFR 766.25.2 BIS has received and considered a written submission from Zehrbach. Based upon my review of the record, including Mr. Zehrbach’s written submission, and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Zehrbach’s export privileges under the Regulations for a period of 10 years from the date of Zehrbach’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Zehrbach had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until April 24, 2029, Darus Zehrbach, with a last known address of 32 Jefferson Street, Westover, WV 26501, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (‘‘the Denied Person’’), may not directly or indirectly 1 ECRA was enacted on August 13, 2018, 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. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23620-23621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08120]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Gustavo Cavazos, 1117 Cherokee Dr., Pasadena, 
TX 77506; Order Denying Export Privileges

    On November 19, 2020, in the U.S. District Court for the Southern 
District of Texas, Gustavo Cavazos (``Cavazos'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Cavazos was convicted of 
smuggling firearms from the United States to Mexico without the 
required licenses. As a result of his conviction, the Court sentenced 
Cavazos to time served, three years of supervised release and a $100 
assessment.
    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. 
554, 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). 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.
---------------------------------------------------------------------------

    \1\ ECRA was enacted on August 13, 2018, 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.
---------------------------------------------------------------------------

    BIS received notice of Cavazos's conviction for violating 18 U.S.C. 
554. As provided in Section 766.25 of the Export Administration 
Regulations (``EAR'' or the ``Regulations''), BIS provided notice and 
opportunity for Cavazos to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Cavazos.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------

    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 Cavazos's export privileges 
under the Regulations for a period of five years from the date of

[[Page 23621]]

Cavazos's conviction. The Office of Exporter Services has also decided 
to revoke any BIS-issued licenses in which Cavazos had an interest at 
the time of his conviction.\3\
---------------------------------------------------------------------------

    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until November 19, 2025, Gustavo 
Cavazos, with a last known address of 1117 Cherokee Dr., Pasadena, TX 
77506, 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, reexport, or transfer (in-country) 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 ECRA and Sections 766.23 and 
766.25 of the Regulations, any other person, firm, corporation, or 
business organization related to Cavazos 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, Cavazos 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 Cavazos and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 19, 2025.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-08120 Filed 4-17-23; 8:45 am]
BILLING CODE 3510-DT-P
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