8918 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2009). The Regulations are issued pursuant to 

the Export Administration Act (‘‘EAA’’), which is 

currently codified at 50 U.S.C. app. §§ 2401–2420 

(2000). Since August 21, 2001, the EAA 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 13, 2009 (74 FR 41,325 (August 14, 2009)), 

has continued the Regulations in effect under the 

International Emergency Economic Powers Act (50 

U.S.C. 1701–1706 (2000)). 

served, followed by three years of 

supervised release. 

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 

U.S.C. 783(b)), or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR Section 766.25(a); see also Section 

11(h) of the EAA, 50 U.S.C. app. 

§ 2410(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 Section 

766.25(d); see also 50 U.S.C. app. 

§ 2410(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. 

I have received notice of Rezaei’s 

conviction for violating IEEPA, and 

have provided notice and an 

opportunity for Rezaei to make a written 

submission to BIS, as provided in 

Section 766.25 of the Regulations. I have 

not received a submission from Rezaei. 

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 Rezaei’s export 

privileges under the Regulations for a 

period of ten years from the date of 

Rezaei’s conviction. I have also decided 

to revoke all licenses issued pursuant to 

the Act or Regulations in which Rezaei 

had an interest at the time of his 

conviction. 

Accordingly, it is hereby 

Ordered. 

I. Until May 15, 2018, Afshin Rezaei, 

with a last known address at: 2310 

Valley Brook Way, NE., Atlanta, GA 

30319, and when acting for or on behalf 

of Rezaei, his representatives, assigns, 

agents, or employees, (collectively 

referred to hereinafter as 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, or in any other activity 

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. 

II. 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. 

III. 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 Afshin Rezaei by 

affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

made subject to the provisions of this 

Order if necessary to prevent evasion of 

the Order. 

IV. This Order does not prohibit any 

export, reexport, or other transaction 

subject to the Regulations where the 

only items involved that are subject to 

the Regulations are the foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until May 15, 

2018. 

VI. In accordance with Part 756 of the 

Regulations, Rezaei 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. 

VII. A copy of this Order shall be 

delivered to Rezaei. This Order shall be 

published in the Federal Register. 

Issued this February 18, 2010. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. 2010–3994 Filed 2–25–10; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1663] 

Approval for Subzone Expansion and 

Expanded Manufacturing Authority; 

Foreign-Trade Subzone 119B, Uponor, 

Inc. (Polyethylene Tubing); Apple 

Valley, MN 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Greater Metropolitan 

Area Foreign-Trade Zone Commission, 


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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 8919 

grantee of Foreign-Trade Zone 119 

(Minneapolis, Minnesota), has 

submitted a request on behalf of 

Uponor, Inc. (Uponor), operator of 

Subzone 119B at the Uponor 

polyethylene tubing manufacturing and 

distribution facilities in Apple Valley, 

Minnesota, to expand and reorganize 

the subzone and to expand the scope of 

FTZ manufacturing authority to include 

new production capacity (FTZ Docket 

61–2008, filed 10–28–08); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (73 FR 65582, 11–4–08) and the 

application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application to expand and 

reorganize the subzone and to expand 

the scope of FTZ manufacturing 

authority within Subzone 119B, as 

described in the application and 

Federal Register notice, is approved, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, February 5, 

2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–4052 Filed 2–25–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Federal Consistency Appeal by Pan 

American Grain Co. 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Notice of Appeal. 

SUMMARY: This announcement provides 

notice that Pan American Grain Co., has 

filed an administrative appeal with the 

Department of Commerce (Department), 

requesting that the Secretary override an 

objection by the Puerto Rico Planning 

Board (Board) to the proposed 

improvement of port facilities located in 

San Juan Bay, Puerto Rico. 

DATES: Comments regarding this appeal 

or requests for a public hearing must be 

sent in writing to the NOAA, Office of 

General Counsel for Ocean Services 

postmarked or e-mailed no later than 

March 29, 2010. 

ADDRESSES: Materials from the appeal 

record will be available at the NOAA, 

Office of General Counsel for Ocean 

Services, 1305 East-West Highway, 

Room 6111, Silver Spring, MD 20910 

and on the following Web site: http:// 

www.ogc.doc.gov/czma.htm. 

FOR FURTHER INFORMATION CONTACT: 

Gladys P. Miles, Attorney-Advisor, 

NOAA, Office of General Counsel, 301– 

713–7384, or at 

gcos.inquiries@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal 

On January 27, 2010, Pan American 

Grain Co. filed notice of an appeal with 

the Secretary of Commerce (Secretary), 

pursuant to the Coastal Zone 

Management Act of 1972 (CZMA), 16 

U.S.C. 1451 et seq., and implementing 

regulations found at 15 CFR Part 930, 

Subpart H. The appeal is taken from an 

objection by the Board to Pan 

American’s consistency certification for 

proposed improvements to its port 

facilities located in San Juan Bay, Puerto 

Rico. 

Under the CZMA, the Secretary may 

override Alabama’s objection on 

grounds that the project is consistent 

with the objectives or purposes of the 

CZMA or otherwise necessary in the 

interest of national security. To make 

the determination that the proposed 

activity is ‘‘consistent with the 

objectives or purposes of the CZMA,’’ 

the Department must find that: (1) The 

proposed activity furthers the national 

interest as articulated in sections 302 or 

303 of the CZMA, in a significant or 

substantial manner; (2) the adverse 

effects of the proposed activity do not 

outweigh its contribution to the national 

interest, when those effects are 

considered separately or cumulatively; 

and (3) no reasonable alternative is 

available that would permit the activity 

to be conducted in a manner consistent 

with enforceable policies of the 

applicable coastal management 

program. 15 CFR 930.121. Conversely, 

to make the determination that the 

proposed activity is ‘‘necessary in the 

interest of national security,’’ the 

Secretary must find that a national 

defense or other national security 

interest would be significantly impaired 

were the activity not permitted to go 

forward as proposed. 15 CFR 930.122. 

II. Opportunity for Federal Agency and 

Public Comment 

Pursuant to Department of Commerce 

regulations, the public and interested 

federal agencies may submit comments 

on this appeal. Written comments must 

be sent no later than March 29, 2010 to 

the attention of Gladys P. Miles, NOAA, 

Office of General Counsel for Ocean 

Services, 1305 East-West Highway, 

Room 6111, Silver Spring, MD 20910 or 

via e-mail to gcos.comments@noaa.gov. 

III. Opportunity for a Public Hearing 

Pursuant to Department of Commerce 

regulations, the Secretary may hold a 

public hearing on this appeal, either in 

response to a request for a public 

hearing or at the Secretary’s own 

initiative. If a public hearing is held, it 

shall be noticed in the Federal Register, 

and the Secretary shall reopen the 

public and Federal agency comment 

period for a 10-day period following the 

hearings. Written requests for a public 

hearing must be sent no later than 

March 29, 2010 to the attention of 

Gladys P. Miles, NOAA, Office of 

General Counsel for Ocean Services, 

1305 East-West Highway, Room 6111, 

Silver Spring, MD 20910 or via e-mail 

to gcos.comments@noaa.gov. 

IV. Appeal Documents 

NOAA intends to provide the public 

with access to all publicly available 

materials and related documents 

comprising the appeal record on the 

following Web site: http:// 

www.ogc.doc.gov/czma.htm; and during 

business hours, at the NOAA, Office of 

General Counsel for Ocean Services. For 

additional information concerning this 

appeal, please contact Gladys P. Miles, 

NOAA, Office of General Counsel for 

Ocean Services, 301–713–7384 or 

gcos.inquiries@noaa.gov. 

Dated: February 23, 2010. 

Joel La Bissonniere, 

Assistant General Counsel for Ocean Services, 

NOAA. 

[Federal Domestic Assistance Catalog No. 

11.419 Coastal Zone Management Program 

Assistance.] 

[FR Doc. 2010–4076 Filed 2–25–10; 8:45 am] 

BILLING CODE P 


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