Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46415 

For the reasons set out in the 

preamble, USAID establishes the 

following Directive: 

Categorical Exclusions for Domestic 

Internal Operational Activities 

Purpose: Establish National 

Environmental Policy Act (NEPA)- 

compliant Categorical Exclusions for 

certain United States Agency for 

International Development (USAID) 

domestic internal operational activities. 

Policy: Consistent with the Council on 

Environmental Quality (CEQ) 

Regulations for Implementing the 

Procedural Provisions of NEPA (40 CFR 

parts 1500–1508) (CEQ NEPA 

regulations), USAID establishes the 

following Categorical Exclusions for 

certain categories of internal, domestic 

USAID Operating Expense (OE) 

account-funded activities that address 

routine internal administrative and 

operational activities. A proposed action 

may be categorically excluded if the 

action fits within a category that is 

eligible for exclusion and the proposed 

action does not involve any 

extraordinary circumstances. 

The categories of activities eligible for 

Categorical Exclusions are: 

a. Internal personnel, fiscal, 

management, and administrative 

activities, such as recruiting, processing, 

paying, recordkeeping, resource 

management, budgeting, personnel 

actions, official travel, and reductions, 

increases, realignments, or relocation of 

personnel that do not exceed the 

infrastructure capacity or change the use 

of USAID occupied office space. An 

example of a substantial change in use 

of the supporting infrastructure would 

be an increase in vehicular traffic 

beyond the capacity of the supporting 

road network to accommodate such an 

increase; or generating a new stream of 

toxic or hazardous waste that needs to 

be properly disposed of. 

b. Actions at USAID owned or 

operated facilities involving routine 

facility maintenance, repair, and 

grounds-keeping; minor rehabilitation, 

restoration, renovation, or revitalization 

of existing facilities; and replacement, 

acquisition, and installation of 

information technology and similar 

office equipment. To qualify for this 

Categorical Exclusion, all such 

acquisition actions shall comply with 

the Presidential Executive Orders on 

Greening the Government. This includes 

E.O. 13423 and related Executive 

Orders. 

c. Acquisition actions (compliant with 

applicable procedures for sustainable or 

‘‘green’’ procurement) and contracting 

actions necessary to support the normal 

conduct of USAID business. Examples 

include office supplies and utilities, and 

equipment such as furniture, and 

information technology software and 

systems. To qualify for this Categorical 

Exclusion, all such acquisition actions 

shall comply with the Presidential 

Executive Orders on Greening the 

Government. This includes E.O. 13423 

and related Executive Orders. 

d. Minor or small-scale construction 

of ancillary facilities on previously 

disturbed areas adjacent to or on the 

same property as the existing facility 

and compatible with current land use. 

To qualify for this Categorical 

Exclusion, all such acquisition actions 

shall comply with the Presidential 

Executive Orders on Greening the 

Government. This includes E.O. 13423 

and related Executive Orders. 

e. Awarding of contracts for technical 

support services, information 

technology services, and services for 

ongoing management and operation of 

government facilities. To qualify for this 

Categorical Exclusion, all such actions 

shall comply with the Presidential 

Executive Orders on Greening the 

Government. This includes E.O. 13423 

and related Executive Orders. 

It has been determined that the 

following extraordinary circumstances 

that would prevent the use of a 

Categorical Exclusion and require either 

an Environmental Assessment or 

Environmental Impact Statement: 

a. The proposed action is known or 

expected to significantly affect public 

health, safety, or the environment. 

b. The proposed action is known or 

expected to impose uncertain or unique 

environmental risks. 

c. The proposed action is of greater 

scope or size than is normal for this 

category of action. 

d. The proposed action is known or 

expected to significantly affect federally 

listed threatened or endangered species 

or their critical habitat. 

e. The proposed action is known or 

expected to significantly affect national 

natural landmarks or any property with 

nationally significant historic, 

architectural, prehistoric, archeological, 

or cultural value, including but not 

limited to, property listed on or eligible 

for the National Register of Historic 

Places. 

f. The proposed action is known or 

expected to significantly affect 

environmentally important natural 

resource areas such as parks, forests, 

wetlands, floodplains, significant 

agricultural lands, aquifer recharge 

zones, coastal zones, coral reefs, barrier 

islands, wild and scenic rivers, and 

significant fish or wildlife habitat. 

g. The proposed action is known or 

expected to cause significant adverse air 

quality effects. 

h. The proposed action is known or 

expected to have a significant effect on 

the pattern and type of land use 

(industrial, commercial, agricultural, 

recreational, residential) or growth and 

distribution of population including 

altering the character of existing 

residential areas, or may not be 

consistent with state or local 

government, or federally-recognized 

Indian tribe approved land use plans or 

federal land management plans. 

Applicability: This Directive applies 

to USAID domestic internal operational 

and administrative activities, including 

USAID ARRA-funded actions to develop 

and implement its new computer based 

acquisition and assistance system to 

manage contracting and granting 

activities. The Directive is effective 

immediately upon publication, and 

USAID will consider comments 

submitted on this Directive when 

developing its proposed NEPA 

regulation for Operating Expensefunded activities. 

Responsibilities: The USAID Agency 

Environmental Coordinator (AEC) is 

responsible for NEPA policy, guidance 

and oversight relating to this Directive. 

The AEC will receive advice and 

guidance from the Office of General 

Counsel as to NEPA implementation 

and compliance with this Directive. 

USAID’s Chief Information Officer (CIO) 

is responsible for reporting to CEQ and 

OMB on the status of ARRA funded 

activities. 

George Higginbotham, 

M/MPBP/POL. 

[FR Doc. E9–21740 Filed 9–8–09; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Andrew Ward Freyer 

In the Matter of: Andrew Ward Freyer, 

54325 Oak Hill, La Quinta, CA 92253. 

Order Denying Export Privileges 

On December 17, 2007, in the U.S. 

District Court of Central District of 

California, Freyer was convicted of five 

counts of violating the International 

Emergency Economic Powers Act (50 

U.S.C. 1701–1706 (2000) (‘‘IEEPA’’) and 

one count of conspiracy (18 U.S.C. 371 

(2000)), involving exporting, 

reexporting, selling and supplying 

valves from the United States to Iran, 

through Australia without first 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
46416 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / 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)). 

obtaining the required authorization 

from the U.S. Department of Treasury, 

Office of Foreign Assets Controls. Freyer 

was sentenced to be imprisoned for 17 

months and upon release from 

imprisonment be placed on probation 

for 2 years. In addition Freyer was fined 

$10,000.00. He was released from prison 

on April 21, 2009. 

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 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. app. § 24 10(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 766.25(d); see also 50 U.S.C. 

app. § 24 10(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 Freyer’s 

conviction for violating the IEEPA, and 

have provided notice and an 

opportunity for Freyer to make a written 

submission to BIS, as provided in 

Section 766.25 of the Regulations. I have 

received a submission from Freyer. 

Based upon my review and 

consideration of that submission, my 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Freyer’s export 

privileges under the Regulations for a 

period often years from the date of 

Freyer’s conviction. 

Accordingly, it is hereby Ordered 

I. Until December 17, 2017, Andrew 

Ward Freyer with an address at: 54325 

Oak I–Jill, La Quinta, CA, 92253, and 

when acting for or on behalf of Freyer, 

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 Andrew Freyer 

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 foreign produced 

direct product of U.S.-origin technology. 

V. This Order is effective immediately 

and shall remain in effect until 

December 17, 2017. 

VI. In accordance with Part 756 of the 

Regulations, Freyer 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 Freyer. This Order shall be 

published in the Federal Register. 

Issued this 1st day of September 2009. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. E9–21633 Filed 9–8–09; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Bertrand Lalsingh 

In the Matter of: Bertrand Lalsingh, 4252 

Stirling Rd., Hollywood, FL 33021. 

Order Denying Export Privileges 

On February 8, 2008, in the U.S. 

District Court for Southern District of 

Florida, Bertrand Lalsingh (‘‘Lalsingh’’) 

pled guilty to, and was convicted of, 

violating Section 38 of the Arms Export 

Control Act (22 U.S.C. 2778 (2000)) 

(‘‘AECA’’). Lalsingh pled guilty to 


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