Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38123 

(j) Whether the project can be 

replicated. A maximum of 10 points can 

be awarded. Points to be awarded will 

be determined as follows: 

(1) If the project can be commercially 

replicated regionally (e.g., Northeast, 

Southwest, etc.), 5 points will be 

awarded. 

(2) If the project can be commercially 

replicated nationally, 10 points will be 

awarded. 

(k) If the project uses a particular 

technology, system, or process that is 

not currently operating at commercial 

scale as of October 1 of the fiscal year 

for which the funding is available; 

October 1, 2018, 5 points will be 

awarded. 

(l) The Administrator can award up to 

a maximum of 10 bonus points: 

(1) To ensure, to the extent practical, 

there is diversity in the types of projects 

approved for loan guarantees to ensure 

a wide a range as possible technologies, 

products, and approaches are assisted in 

the program portfolio; and 

(2) To applications that promote 

partnerships and other activities that 

assist in the development of new and 

emerging technologies for the 

development of renewable chemicals 

and other biobased outputs of 

biorefineries, so as to, as applicable, 

promote resource conservation, public 

health, and the environment; diversify 

markets for agricultural and forestry 

products and agriculture waste material; 

and create jobs and enhance the 

economic development of the rural 

economy. No additional information 

regarding partnerships is provided at 

this time. If additional information does 

become available, the Agency will 

publish those details in a Federal 

Register notice. 

IX. General Program Information 

A. Loan Origination. Lenders seeking 

a loan guarantee under this Notice must 

comply with all of the provisions found 

in 7 CFR 4279, subpart C. 

B. Loan Processing. The Agency will 

process loans guaranteed under this 

Notice in accordance with the 

provisions specified in 7 CFR 4279.260 

through 4279.290. 

C. Evaluation of Applications and 

Awards. Awards under this Notice will 

be made on a competitive basis; 

submission of an application neither 

reserves funding nor ensures funding. 

The Agency will evaluate each 

application received in the USDA Rural 

Business-Cooperative Service, Energy 

Programs, select Phase 1 applications in 

accordance with 7 CFR 4279.267 to 

invite submittal of Phase 2 applications 

and will make awards using the 

provisions specified in 7 CFR 4279.278. 

D. Guaranteed Loan Servicing. The 

Agency will service loans guaranteed 

under this Notice in accordance with 

the provisions specified in 7 CFR 

4287.301 through 4287.399. 

E. System for Award Management 

(SAM) and Dun and Bradstreet Data 

Universal Numbering System (DUNS) 

Registration. Unless exempt under 2 

CFR 25.110, the applicant must be 

registered in the SAM prior to 

submitting an application and maintain 

an active SAM registration with current 

information at all times during which it 

has an active Federal award or an 

application under consideration by the 

Agency. Applicants must provide a 

DUNS number for each application 

submitted to the Agency. 

X. Administration Information 

A. Notifications. The Agency will 

notify, in writing, lenders whose Phase 

1 applications have scored highest and 

will invite them to submit Phase 2 

applications. If the Agency determines it 

is unable to guarantee any particular 

loan, the lender will be informed in 

writing. Such notification will include 

the reason(s) for denial of the guarantee. 

B. Administrative and National Policy 

Requirements. 

1. Review or Appeal Rights. A person 

may seek a review of an Agency 

decision or appeal to the National 

Appeals Division in accordance with 7 

CFR 4279.204. 

2. Exception Authority. The 

provisions specified in 7 CFR 4279.203 

and 7 CFR 4287.303 apply to this 

Notice. 

C. Environmental Review. The Agency 

will review all applicant proposals that 

may qualify for assistance under this 

section in accordance with 7 CFR part 

1970, Environmental Policies and 

Procedures. The environmental review 

for projects that score high enough will 

be submitted during the Phase 2 

application process and must be 

conducted in accordance with 7 CFR 

part 1970, Environmental Policies and 

Procedures. 

XI. Agency Contacts 

For general questions about this 

Notice, please contact Aaron Morris, 

Rural Business–Cooperative Service, 

Energy Programs, U.S. Department of 

Agriculture, 1400 Independence Avenue 

SW, Room 6901–S, Washington DC 

20250–3225. Telephone: 202–720–1501. 

Email: Aaron.Morris@wdc.usda.gov. 

Equal Opportunity and NonDiscrimination Requirements 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, the USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program. Political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARTET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at: http://

www.ascr.usda.gov/complaint_filing_

cust.html, and at any USDA office or 

write a letter addressed to USDA and 

provide in the letter all of the 

information requested in the form. To 

request a copy of a complaint form, call, 

(866) 632–9992. Submit your completed 

form or letter to USDA by: 

(1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; 

(2) Fax: (202) 690–7442; or 

(3) Email at: program.intake@

usda.gov. USDA is an equal opportunity 

provider, employer, and lender. 

Dated: July 30, 2018. 

Bette B. Brand, 

Administrator, Rural Business-Cooperative 

Service. 

[FR Doc. 2018–16664 Filed 8–2–18; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket Number 17–BIS–0005] 

Denial of Export Privileges 

In the Matter of: Narender Sharma Middle 

Bazzar, Rampur Bushahr Distt. Shimla (H.P.) 

172 001 India, Hydel Engineering Products 


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38124 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2018). The Regulations issued under the Act, 

50 U.S.C. app. 4601–4623 (Supp. III 2015). Since 

August 21, 2001, the Act 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 15, 

2017 (82 FR 39,005 (Aug. 16, 2017)), has continued 

the Regulations in effect under the International 

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

et seq. (2012). 

Middle Bazzar, Rampur Bushahr Distt. 

Shimla (H.P) 172 001 India, Respondents; 

Order Activating Suspended Portion of Civil 

Penalty and Activating Suspended Denial of 

Export Privileges Against Narender Sharma 

and Hydel Engineering Products 

On August 31, 2017, I signed an order 

(the ‘‘August 31, 2017 Order’’) 

approving the terms of the settlement 

agreement entered into in August 2017 

(the ‘‘Settlement Agreement’’) between 

the Bureau of Industry and Security, 

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

and Narender Sharma (‘‘Sharma’’) and 

his company Hydel Engineering 

Products (‘‘Hydel’’ or ‘‘Hydel 

Engineering’’) (collectively, ‘‘Hydel/ 

Sharma’’ or ‘‘Respondents’’). The 

Settlement Agreement and the August 

31, 2017 Order relate to an enforcement 

action brought by BIS against Hydel and 

Sharma for conspiring to export items 

from the United States to Iran, including 

to an Iranian Government entity, 

without the required U.S. Government 

authorization, in violation of the Export 

Administration Regulations (the 

‘‘Regulations’’), which issued under the 

authority of the Export Administration 

Act of 1979, as amended (the ‘‘Act’’).1

The Settlement Agreement and 

August 31, 2017 Order imposed on 

Hydel and Sharma a civil penalty of 

$100,000, for which they are jointly and 

severally liable. Hydel and Sharma were 

required to pay $30,000 of this amount 

to the U.S. Department of Commerce by 

no later than December 15, 2017. 

Payment of the remaining $70,000 was 

suspended for a probationary period of 

five years from the date of the August 

31, 2017 Order, after which it would be 

waived, provided that during this fiveyear probationary period, Hydel and 

Sharma made full and timely payment 

of $30,000 as set forth above, otherwise 

complied with the terms of the 

Settlement Agreement and the August 

31, 2017 Order, and committed no other 

violation of the Act, the Regulations, or 

any order, license, or authorization 

issued thereunder. 

The Settlement Agreement and the 

August 31, 2017 Order also imposed a 

five-year denial of Hydel and Sharma’s 

export privileges under the Regulations. 

This denial order was suspended 

pursuant to Section 766.18(c) of the 

Regulations, subject to the same 

probationary conditions described 

above, including Hydel and Sharma’s 

full and timely payment of $30,000 by 

December 15, 2017. If Hydel and 

Sharma failed to make such full and 

timely payment, the suspension could 

be modified or revoked by BIS and a 

denial order including a denial period 

of up to five years activated against 

Hydel and Sharma. Upon activation of 

the denial order, any license issued 

pursuant to the Act or Regulations in 

which Hydel or Sharma had an interest 

at such time would be revoked. 

BIS has brought to my attention that 

Hydel and Sharma have not paid the 

$30,000 that was due by December 15, 

2017, and thus that Hydel and Sharma 

have violated one of the probationary 

conditions relating to the $70,000 

suspended portion of the civil penalty 

and the suspension of the denial of their 

export privileges. 

In accordance with Sections 766.17(c) 

and 766.18(c) of the Regulations, I 

notified Hydel and Sharma, by letter 

dated February 12, 2018, of the 

proposed activation of these suspended 

sanctions, and provided them with an 

opportunity to respond, including an 

opportunity to explain their failure to 

make the December 15, 2017 payment of 

$30,000, and to show why I should not 

activate the $70,000 suspended penalty 

amount, issue an active five-year denial 

order against them, or take both actions. 

Neither Hydel nor Sharma has 

responded to the February 12, 2018 

letter. The $30,000 civil penalty 

payment that was due by December 15, 

2017, also remains unpaid. 

Based on the totality of circumstances 

here, I have determined within my 

discretion that it is appropriate to 

activate the $70,000 suspended portion 

of the civil penalty and to activate a 

denial order including a five-year denial 

period. 

It is therefore ordered: 

First, the suspension of the $70,000 

suspended portion of the civil penalty 

set forth in the August 31, 2017 Order 

is hereby revoked, and that this nowactivated $70,000 civil penalty amount 

shall be paid to the U.S. Department of 

Commerce within 15 days of the date of 

this Order. Hydel and Sharma are 

jointly and severally liable for payment 

of this amount, and continue to be 

jointly and severally liable for the 

$30,000 civil penalty amount they were 

required to pay by December 15, 2017, 

along with any related interest, penalty, 

or administrative charge that has 

accrued or may accrue as a result of 

their failure to pay $30,000 by the 

December 15, 2017 due date. 

Second, pursuant to the Debt 

Collection Act of 1982, as amended (31 

U.S.C. 3701–3720E (2000)), the $70,000 

civil penalty amount activated by this 

Order accrues interest as more fully 

described in the attached Notice, and if 

payment is not made by the due date 

specified herein, Hydel and Sharma will 

be assessed, in addition to the full 

amount of the civil penalty and interest, 

a penalty charge and an administrative 

charge, as more fully described in the 

attached Notice. 

Third, for a period of five years from 

the date of this Order, Hydel 

Engineering Products, with a last known 

address of Middle Bazzar, Rampur 

Bushahr Distt. Shimla (H.P.) 172 001, 

India, and Narender Sharma, with a last 

known address of Middle Bazzar, 

Rampur Bushahr Distt. Shimla (H.P.) 

172 001, India, and when acting for or 

on their behalf, their successors, assigns, 

representatives, agents, or employees 

(each a ‘‘Denied Person’’ and 

collectively the ‘‘Denied Persons’’), 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 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 in 

any other activity subject to the 

Regulations. 

Fourth, that no person may, directly 

or indirectly, do any of the following: 

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 


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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38125 

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 which 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. 

Fifth, after notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any person, firm, 

corporation, or business organization 

related to a Denied Person 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. 

Sixth, any license issued pursuant to 

the Act or Regulations in which Hydel 

or Sharma has an interest of the date of 

this Order is hereby revoked. 

Seventh, this Order shall be served on 

Hydel and Sharma, and shall be 

published in the Federal Register. 

This Order is effective immediately. 

Issued on July 30, 2018. 

Richard R. Majauskas, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. 2018–16678 Filed 8–2–18; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG131 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Bravo 

Wharf Recapitalization Project 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to the 

U.S. Navy (Navy) for the take, by Level 

B harassment only, of bottlenose 

dolphins (Tursiops truncatus), 

incidental to the Bravo Wharf 

Recapitalization Project at Bravo Wharf, 

Naval Station Mayport, Florida. 

DATES: The IHA is valid from May 14, 

2018 through May 13, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 427–8438. 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

National Environmental Policy Act 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), as implemented by 

the regulations published by the 

Council on Environmental Quality (40 

CFR parts 1500–1508), the Navy 

prepared an Environmental Assessment 

(EA) to consider the direct, indirect and 

cumulative effects to the human 

environment resulting from the Bravo 

Wharf recapitalization project. NMFS 

made the Navy’s EA available to the 

public for review and comment, in 

relation to its suitability for adoption by 

NMFS in order to assess the impacts to 

the human environment of issuance of 

an IHA to the Navy. Also in compliance 

with NEPA and the CEQ regulations, as 

well as NOAA Administrative Order 

216–6, NMFS has reviewed the Navy’s 

EA, determined it to be sufficient, and 

adopted that EA and signed a Finding 

of No Significant Impact (FONSI) in 

July, 2016. The 2016 NEPA documents 

are available at https://

www.fisheries.noaa.gov/node/23111. 

Since the IHA covers a subset of the 

same work covered in a former IHA, 

NMFS is relying on this same EA and 

FONSI document. 

History of Request 

On July 21, 2015, we received a 

request from the Navy for authorization 

of the taking, by Level B harassment 

only, of marine mammals incidental to 

pile driving (predominantly vibratory 

pile driving, with a small amount of 

impact pile driving as a contingency 

plan in case of difficult piles) in 

association with the Bravo Wharf 

Recapitalization Project at Naval Station 

Mayport, Florida. A final version of the 

application, which we deemed adequate 

and complete, was submitted on 

November 17, 2015. We published a 

notice of a proposed IHA and request for 

comments on December 7, 2015 (80 FR 

75978), and subsequently published 

final notice of our issuance of the IHA 

on August 9, 2016 (81 FR 52637). Inwater work associated with the project 

was expected to be completed within 

the one-year timeframe of the IHA 

(effective dates originally December 1, 

2016 through November 30, 2017). The 

specified activities were, and are, 

expected to result in the take of 

individuals from four stocks of 

bottlenose dolphins. 

On January 23, 2017, the Navy 

informed NMFS that no work had been 

performed relevant to the specified 


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