Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11113 

3The items were classified as Export Control 

Classification Numbers (‘‘ECCNs’’) 9A991, 

1C008.a.3, and 5A991. Additionally, some of the 

aircraft parts were designated EAR99, which is a 

designation for items subject to the Regulations but 

not listed on the Commerce Control List. (2005– 

2007). 

1The violation alleged by BIS occurred between 

2005 and 2007. The governing provisions of the 

EAR are found in the 2005–2007 versions of the 

Code of Federal Regulations (15 CFR Parts 730–774 

(2005–2007)). The 2009 version of the EAR 

establishes the procedures that apply to the BIS 

administrative proceeding. 

subject to the Regulations 3 and the 

Iranian Transactions Regulations, 31 

CFR Part 560 (‘‘ITR’’), could be exported 

from the United States to Iran. Pursuant 

to Section 560.204 of the ITR, an export 

to a third country intended for 

transshipment to Iran is a transaction 

subject to the ITR. In furtherance of the 

conspiracy, Robert Kraaipoel and his coconspirators devised and employed a 

scheme to purchase these items from the 

United States on behalf of Iranian 

customers and give U.S. manufacturers 

false information regarding the ultimate 

destination, end user, and end use of the 

items, thereby causing false export 

control documents to be submitted to 

the U.S. Government listing countries 

other than Iran as the ultimate 

destination for the items. These acts 

were taken to export U.S.-origin items to 

Iran without the required U.S. 

Government authorization and avoid 

detection by law enforcement. By 

engaging in this activity, Robert 

Kraaipoel committed one violation of 

section 764.2(d) of the Regulations. 

Whereas, BIS and Robert Kraaipoel 

have entered into a Settlement 

Agreement pursuant to Section 

766.18(a) of the Regulations, whereby 

they agreed to settle this matter in 

accordance with the terms and 

conditions set forth therein; and 

Whereas, I have approved of the terms 

of such Settlement Agreement; 

It is therefore ordered: 

First, Robert Kraaipoel shall be 

assessed a civil penalty in the amount 

of $250,000. Payment of the $250,000 

penalty shall be suspended for a period 

of three (3) years from the date of this 

Order, and thereafter shall be waived, 

provided that during the period of 

suspension, Robert Kraaipoel has 

committed no violation of the Act, or 

any regulation, order, or license issued 

thereunder. 

Second, for a period of seven (7) years 

from the date of this Order, Robert 

Kraaipoel, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK 

and Flemming Straat 36, 

Heerhugowaard, Netherlands 1700AK, 

his representatives, assigns or agents 

(hereinafter collectively referred to as 

‘‘Denied Person’’) may not participate, 

directly or indirectly, 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. 

Third, that 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. 

Fourth, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organization related to Robert Kraaipoel 

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 the 

Order. 

Fifth, that 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 

foreign-produced direct product of U.S.- 

origin technology. 

Sixth, that the Proposed Charging 

Letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

Seventh, that this Order shall be 

served on the Denied Person, and shall 

be published in the Federal Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Issued this 2nd day of March 2010. 

David W. Mills, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2010–5109 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Aviation Services International, B.V. 

In the Matter of: Aviation Services 

International, B.V. also known as Delta 

Logistics, B.V., P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK 

and Flemming Straat 36, 

Heerhugowaard, Netherlands 1700AK 

Respondent; Order Relating to Aviation 

Services International, B.V. 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’), 

has initiated an administrative 

proceeding against Aviation Services 

International, B.V., also known as Delta 

Logistics, B.V. (collectively referred to 

herein as ‘‘ASI’’) pursuant to Section 

766.3 of the Export Administration 

Regulations (currently codified at 15 

CFR parts 730–774 (2009)) (‘‘EAR’’),1 and 

Section 13(c) of the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. §§ 2401–2420) (the 


erowe on DSK5CLS3C1PROD with NOTICES
11114 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

2Since 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)), as extended most recently by the Notice of 

August 13, 2009 (74 FR 41325 (August 14, 2009)), 

has continued the EAR in effect under the 

International Emergency Economic Powers Act (50 

U.S.C. 1701, et seq.) (‘‘IEEPA’’). 3The items were classified as Export Control 

Classification Numbers (‘‘ECCN’’) 9A991, 

1C008.A.3, 5A991. Additionally, some of the 

aircraft parts were designated EAR99, which is a 

designation for items subject to the Regulations but 

not listed on the Commerce Control List. (2005– 

2007). 

4The Settlement Agreement also resolves 

allegations by the U.S. Department of Treasury, 

Office of Foreign Assets Control (‘‘OFAC’’), which is 

also a party to the Settlement Agreement, of 

apparent violations of the Iranian Transactions 

Regulations, 31 CFR part 560 (‘‘ITR’’ or the ‘‘OFAC 

Regulations’’). ASI’s apparent violations of the 

OFAC Regulations are contained in an OFAC 

Prepenalty Notice that was issued by OFAC on or 

about September 24, 2009, identified as FAC 

Number IA–365318. 

5This Order signifies my approval of the 

Settlement Agreement based on the violations 

alleged in the Proposed Charging Letter, and not the 

OFAC Prepenalty Notice referenced in note 4, 

supra. 

‘‘EAA’’),2 through issuance of a Proposed 

Charging Letter to ASI that alleged that 

ASI committed one violation of the 

EAR. Specifically: 

Charge 1 15 CFR 764.2(d)— 

Conspiracy 

Between on or about October 1, 2005, 

and continuing through on or about 

October 30, 2007, ASI conspired and 

acted in concert with others, known and 

unknown, to violate the Regulations and 

to bring about acts that constitute 

violations of the Regulations. The 

purpose of the conspiracy was to export 

U.S.-origin items including aircraft 

parts, electronic components, and 

polymide film on multiple occasions, 

from the United States to Iran, via the 

Netherlands, Cyprus, and the United 

Arab Emirates (‘‘UAE’’), without the 

required U.S. Government 

authorization. Pursuant to section 746.7 

of the Regulations, authorization was 

required from OFAC before the aircraft 

parts, electronic components, and 

polymide film, items subject to the 

Regulations 3 and the Iranian 

Transactions Regulations, 31 CFR part 

560 (‘‘ITR’’), could be exported from the 

United States to Iran. Pursuant to 

section 560.204 of the ITR, an export to 

a third country intended for 

transshipment to Iran is a transaction 

subject to the ITR. In furtherance of the 

conspiracy, ASI and its co-conspirators 

devised and employed a scheme to 

purchase these items from the United 

States on behalf of Iranian customers 

and give U.S. manufacturers false 

information regarding the ultimate 

destination, end user, and end use of the 

items, thereby causing false export 

control documents to be submitted to 

the U.S. Government listing countries 

other than Iran as the ultimate 

destination for the items. These acts 

were taken to export U.S.-origin items to 

Iran without the required U.S. 

Government authorization and avoid 

detection by law enforcement. By 

engaging in this activity, ASI committed 

one violation of section 764.2(d) of the 

Regulations. 

Whereas, BIS and ASI have entered 

into a Settlement Agreement pursuant to 

Section 766.18 of the EAR, whereby 

they agreed to settle this matter in 

accordance with the terms and 

conditions set forth therein; 4 and 

Whereas, I have approved of the terms 

of the Settlement Agreement; 5

It is therefore ordered: 

First, that a civil penalty of $250,000 

is assessed against ASI. Payment of the 

$250,000 penalty shall be suspended for 

a period of three (3) years from the date 

the BIS Order is issued and thereafter 

shall be waived provided that during 

the period of suspension, ASI has 

committed no violation of the EAA, 

EAR or any order or license issued 

thereunder. 

Second, that for a period of seven (7) 

years from the date of this Order, 

Aviation Services International, B.V., 

also known as Delta Logistics, B.V., P.O. 

Box 418, Heerhugowaard, Netherlands 

1700AK and Fleming Straat 36, 

Heerhugowaard, Netherlands, 1700AK, 

its successors or assigns, and, when 

acting for or on behalf of ASI, its 

officers, representatives, agents or 

employees (‘‘Denied Person’’) may not 

participate, directly or indirectly, 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. 

Third, that no person may, directly or 

indirectly, do any of the actions 

described below with respect to an item 

that is subject to the Regulations that 

has been, will be, or is intended to be 

exported or reexported from the United 

States: 

A. Export or reexport to or on behalf 

of a Denied Person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a 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 a 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 a Denied Person of any 

item subject to the Regulations that has 

been exported from the United States; 

D. Obtain from a 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 that is owned, 

possessed or controlled by a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a 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. 

Fourth, that, after notice and 

opportunity for comment as provided in 

Section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organization related to ASI 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 the 

Order. 

Fifth, that this Order does not prohibit 

any export, reexport, or other 

transaction subject to the EAR where the 

only items involved that are subject to 

the EAR are the foreign-produced direct 

product of U.S.-origin technology. 

Sixth, that the Proposed Charging 

Letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11115 

Seventh, that this Order shall be 

served on the Denied Person and shall 

be published in the Federal Register. 

This Order, which constitutes the 

final BIS action in this matter, is 

effective immediately. 

Issued this 2nd day of March 2010. 

David W. Mills, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2010–5107 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Reporting 

Requirements for Sea Otter 

Interactions with the Pacific Sardine 

Fishery; Coastal Pelagic Species 

Fishery Management Plan 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before May 10, 2010. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Gary Rule, (503) 230–5424 or 

Gary.Rule@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

In accordance with the regulations 

implementing the Endangered Species 

Act (ESA), National Marine Fisheries 

Service (NMFS) initiated an ESA section 

7 consultation with the United States 

Fish and Wildlife Service (USFWS) 

regarding the possible effects of 

implementing Amendment 11 (71 FR 

36999) to the Coastal Pelagic Species 

(CPS) Fishery Management Plan (FMP). 

USFWS determined that formal 

consultation was necessary on the 

possible effects to the threatened 

southern sea otter. USFWS completed a 

biological opinion for this action and 

although it was concluded that fishing 

activities were not likely to jeopardize 

the continued existence of the southern 

sea otter there remained the potential to 

incidentally take southern sea otters. 

USFWS determined that certain 

measures should be put in place to 

ensure the continued protection of the 

species. Therefore on May 30, 2007, 

NMFS published a final rule (72 FR 

29891) implementing new reporting 

requirements and conservation 

measures under the CPS FMP. This 

included the requirement to report any 

interactions that may occur between a 

CPS vessel and/or fishing gear and sea 

otters. 

Specifically, these reporting 

requirements are: 

1. If a southern sea otter is entangled 

in a net, regardless of whether the 

animal is injured or killed, such an 

occurrence must be reported within 24 

hours to the Regional Administrator, 

NMFS Southwest Region. 

2. While fishing for CPS, vessel 

operators must record all observations 

of otter interactions (defined as otters 

within encircled nets or coming into 

contact with nets or vessels, including 

but not limited to entanglement) with 

their purse seine net(s) or vessel(s). 

With the exception of an entanglement, 

which will be initially reported as 

described in #2 above, all other 

observations must be reported within 20 

days to the Regional Administrator. 

When contacting NMFS after an 

interaction, fishermen are required to 

provide information regarding the 

location, specifically latitude and 

longitude, of the interaction and a 

description of the interaction itself. If 

available, location information should 

also include: Water depth; distance from 

shore; and, relation to port or other 

landmarks. Descriptive information of 

the interaction should include: Whether 

or not the otters were seen inside or 

outside the net; if inside the net, had the 

net been completely encircled; did 

contact occur with net or vessel; the 

number of otters present; duration of 

interaction; otter’s behavior during 

interaction; and, measures taken to 

avoid interaction. 

II. Method of Collection 

The information will be collected on 

forms submitted by mail, phone, 

facsimile or e-mail. 

III. Data 

OMB Control Number: 0648–0566. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 2. 

Estimated Time per Response: 15 

minutes. 

Estimated Total Annual Burden 

Hours: 1. 

Estimated Total Annual Cost to 

Public: $10. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: March 5, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–5117 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Interim Capital 

Construction Fund Agreement and 

Certificate Family of Forms 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

DOC. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before May 10, 2010. 


erowe on DSK5CLS3C1PROD with NOTICES