In the Matter of: Leonel Molina, Jr., Inmate Number: 83797-509, FCI Three Rivers, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071; Order Denying Export Privileges, 68565-68566 [2023-21902]

Download as PDF Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices DEPARTMENT OF COMMERCE Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Small Business Innovation Research (SBIR) Program Application Cover Sheet National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice of information collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before December 4, 2023. ADDRESSES: Interested persons are invited to submit written comments by mail to Maureen O’Reilly, Management Analyst, NIST at PRAcomments@ doc.gov. Please reference OMB Control Number 0693–0072 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. SUMMARY: FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Jacqueline Gray, NIST SBIR Program Office, 301–975–2522, jacqueline.gray@ nist.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 I. Abstract The SBIR program was originally established in 1982 by the Small Business Innovation Development Act (Pub. L. 97–219), codified at 15 U.S.C. 638. It was then expanded and extended by the Small Business Research and Development (R&D) Enhancement Act of 1992 (Pub. L. 102–564) and received subsequent reauthorization and extensions that include Public Law 112– 81, extending SBIR through September 30, 2022. The US Small Business Administration (SBA) serves as the coordinating agency for the SBIR program. It directs the agency implementation of SBIR, reviews VerDate Sep<11>2014 20:21 Oct 03, 2023 Jkt 262001 progress, and reports annually to Congress on its operation. The NIST SBIR Cover Sheet is the first page of each application that responds to the annual NIST SBIR Federal Funding Opportunity (FFO). The information collected in the Cover Sheet provides identifying information and demographic data for use in NIST’s annual report to the SBA on the program. II. Method of Collection The information will be collected as part of the application process and will be submitted through grants.gov. III. Data OMB Control Number: 0693–0072. Form Number(s): None. Type of Review: Extension of a current information collection. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 100. Estimated Time per Response: 30 minutes. Estimated Total Annual Burden Hours: 50 hours. Estimated Total Annual Cost to Public: $0. Respondent’s Obligation: Mandatory. IV. Request for Comments We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 68565 cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2023–22063 Filed 10–3–23; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Leonel Molina, Jr., Inmate Number: 83797–509, FCI Three Rivers, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071; Order Denying Export Privileges On March 2, 2023, in the U.S. District Court for the Southern District of Texas, Leonel Molina, Jr. (‘‘Molina’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Molina was convicted of smuggling from the United States to Mexico Wolf 7.62x39mm caliber ammunition, without a license or written approval from the United States Department of Commerce. As a result of his conviction, the Court sentenced Molina to 46 months of imprisonment, 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 Molina’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 Molina to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Molina. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its 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\04OCN1.SGM 04OCN1 lotter on DSK11XQN23PROD with NOTICES1 68566 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices Director, and the facts available to BIS, I have decided to deny Molina’s export privileges under the Regulations for a period of 10 years from the date of Molina’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Molina had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until March 2, 2033, Leonel Molina, Jr., with a last known address of Inmate Number: 83797–509, FCI Three Rivers, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071, 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; 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 20:21 Oct 03, 2023 Jkt 262001 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 Molina 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, Molina 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 Molina and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until March 2, 2033. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–21902 Filed 10–3–23; 8:45 am] BILLING CODE 3510–DT–P Saphara Lynn Anderson (‘‘Anderson’’) was convicted of violating 18 U.S.C. 371. Specifically, Anderson was convicted of conspiring to export ammunition from the United States to Mexico. As a result of her conviction, the Court sentenced Anderson to probation for 60 months and a $100 special 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. 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). 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 Anderson’s conviction for violating 18 U.S.C. 371. As provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Anderson to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Anderson. 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 Anderson’s export privileges under the Regulations for a period of seven years from the date of Anderson’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Anderson had an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until October 21, 2028, Saphara Lynn Anderson, with a last known address of 2858 N. Park Ave., Tucson, AZ 85719, and when acting for or on her behalf, her 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 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Saphara Lynn Anderson, 2858 N Park Ave., Tucson, AZ 85719; Order Denying Export Privileges On October 21, 2021, in the U.S. District Court for the District of Arizona, PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68565-68566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21902]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Leonel Molina, Jr., Inmate Number: 83797-509, 
FCI Three Rivers, Federal Correctional Institution, P.O. Box 4200, 
Three Rivers, TX 78071; Order Denying Export Privileges

    On March 2, 2023, in the U.S. District Court for the Southern 
District of Texas, Leonel Molina, Jr. (``Molina'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Molina was convicted of 
smuggling from the United States to Mexico Wolf 7.62x39mm caliber 
ammunition, without a license or written approval from the United 
States Department of Commerce. As a result of his conviction, the Court 
sentenced Molina to 46 months of imprisonment, 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 Molina'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 Molina to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Molina.
---------------------------------------------------------------------------

    \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

[[Page 68566]]

Director, and the facts available to BIS, I have decided to deny 
Molina's export privileges under the Regulations for a period of 10 
years from the date of Molina's conviction. The Office of Exporter 
Services has also decided to revoke any BIS-issued licenses in which 
Molina 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 March 2, 2033, Leonel 
Molina, Jr., with a last known address of Inmate Number: 83797-509, FCI 
Three Rivers, Federal Correctional Institution, P.O. Box 4200, Three 
Rivers, TX 78071, 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 Molina 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, Molina 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 Molina and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 2, 2033.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-21902 Filed 10-3-23; 8:45 am]
BILLING CODE 3510-DT-P

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