11112 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2009). The charged violations occurred 

between 2005 and 2007. The Regulations governing 

the violations at issue are found in the 2005 through 

2007 versions of the Code of Federal Regulations 

(15 CFR Parts 730–774 (2005–2007)). The 2009 

Regulations set forth the procedures that apply to 

this matter. 

2 50 U.S.C. app. 2401–2420 (2000). Since August 

21, 2001, the Act has been in lapse. However, 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 (Aug. 14, 2009)), has continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701, 

et seq.). 

occurred and describing the change to 

the quarantined area. 

Therefore, we are publishing this 

notice to inform the public of changes 

to the PCN quarantined area in the State 

of Idaho. The changes are as follows: 

∑ On October 23, 2009, we updated 

the quarantined area to remove 3.32 

acres from Bingham County and 623.30 

acres from Bonneville County. 

∑ On November 23, 2009, we updated 

the quarantined area to remove 465.13 

acres from Bingham County and 402.97 

acres from Bonneville County. 

∑ On December 18, 2009, we updated 

the quarantined area to remove 1,313.92 

acres from Bingham County and 648.36 

acres from Bonneville County. 

∑ On January 8, 2010, we updated the 

quarantined area to remove 188.79 acres 

from Bingham County and 1,373.15 

acres from Bonneville County. 

∑ On January 15, 2010, we updated 

the quarantined area to remove 621.52 

acres from Bonneville County. 

∑ On February 15, 2010, we updated 

the quarantined area to remove 70 acres 

from Bonneville County. 

This acreage consisted of associated 

fields that were found to be free of PCN 

according to a survey protocol approved 

by the Administrator in accordance with 

§ 301.86-3 as sufficient to support 

removal of associated fields from 

quarantine. 

The current map of the quarantined 

area can be viewed on the PPQ Web site 

at (http://www.aphis.usda.gov/ 

plant_health/plant_pest_info/potato/ 

pcn.shtml). 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Done in Washington, DC, this 4th day of 

March 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–5119 Filed 3–9–10; 12:48 pm] 

BILLING CODE 3410–34–S 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Southeast Region Logbook 

Family of Forms. 

OMB Control Number: 0648–0016. 

Form Number(s): NA. 

Type of Request: Regular submission. 

Number of Respondents: 9,325. 

Average Hours per Response: Logbook 

responses for fishing trips, 10, 15 or 18 

minutes; no-fishing responses, 2 

minutes; annual fixed cost survey, 30 

minutes. 

Burden Hours: 33,950. 

Needs and Uses: Under Fisheries 

Management Plans developed under the 

Authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the participants in most federallymanaged fisheries in the National 

Marine Fisheries’ Southeast Region are 

currently required to keep and submit 

catch and effort logbooks from their 

fishing trips. A subset of these vessels 

also provide information on the species 

and quantities of fish, shellfish, marine 

turtles, and marine mammals that are 

caught and discarded or have interacted 

with the vessel’s fishing gear. A subset 

of these vessels also provide 

information about dockside prices, trip 

operating costs, and annual fixed costs. 

The data are used for scientific 

analyses that support critical 

conservation and management decisions 

made by national and international 

fishery management organizations. 

Interaction reports are needed for 

fishery management planning and to 

help protect endangered species and 

marine mammals. The price and cost 

data will be used in analyses of the 

economic effects of proposed 

regulations. 

Affected Public: Business or other forprofit organizations. 

Frequency: Annually. 

Respondent’s Obligation: Mandatory. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 6625, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: March 5, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–5121 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Robert Kraaipoel 

In the Matter of: Robert Kraaipoel, P.O. Box 

418, Heerhugowaard, Netherlands 1700AK. 

and 

Flemming Straat 36, Heerhugowaard, 

Netherlands 1700AK. 

Respondent. 

Order Relating to Robert Kraaipoel 

The Bureau of Industry and Security, 

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

has notified Robert Kraaipoel, in his 

individual capacity, of its intention to 

initiate an administrative proceeding 

against him pursuant to section 766.3 of 

the Export Administration Regulations 

(the ‘‘Regulations’’),1 and section 13(c) of 

the Export Administration Act of 1979, 

as amended (the ‘‘Act’’),2 through the 

issuance of a Proposed Charging Letter 

to Robert Kraaipoel that alleged that he 

committed one violation of the 

Regulations. Specifically, the charge is: 

Charge 1 15 CFR 764.2(d)— 

Conspiracy 

Between on or about October 1, 2005, 

and continuing through on or about 

October 30, 2007, Robert Kraaipoel 

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 


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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 


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