Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12839 

I have considered all of Balli’s 

arguments and with the exception of the 

argument involving Aircraft 4–6 find 

them without merit. I find that the 

evidence presented by BIS convincingly 

demonstrates that the Respondents have 

violated the EAR and the TDO involving 

re-exports of aircraft to Iran, that such 

violations have been significant, 

deliberate and covert, and that there is 

a likelihood of future violations. As 

such, a TDO is needed to give notice to 

persons and companies in the United 

States and abroad that they should 

continue to cease dealing with the 

Respondents in export transactions 

involving items subject to the EAR. 

Such a TDO is consistent with the 

public interest to prevent or preclude 

violations of the EAR. 

Accordingly, I find pursuant to 

Section 766.24, that renewal of the TDO 

for 180 days against Balli Group PLC, 

Balli Aviation, Balli Holdings, Vahid 

Alaghband, Hassan Alaghband, Blue 

Sky One Ltd., Blue Sky Two Ltd., Blue 

Sky Three Ltd., Blue Airways and 

Mahan Airways and both Related 

Persons is necessary in the public 

interest to prevent an imminent 

violation of the EAR. 

III. Order 

It is therefore ordered: 

First, that the Respondents, BALLI 

GROUP PLC, 5 Stanhope Gate, London, 

UK, W1K 1AH; BALLI AVIATION, 5 

Stanhope Gate, London, UK, W1K 1AH; 

BALLI HOLDINGS, 5 Stanhope Gate, 

London, UK, W1K 1AH; VAHID 

ALAGHBAND, 5 Stanhope Gate, 

London, UK, W1K 1AH; HASSAN 

ALAGHBAND, 5 Stanhope Gate, 

London, UK, W1K 1AH; BLUE SKY 

ONE LTD., 5 Stanhope Gate, London, 

UK, W1K 1AH; BLUE SKY TWO LTD., 

5 Stanhope Gate, London, UK, W1K 

1AH; BLUE SKY THREE LTD., BLUE 

AIRWAYS, 8/3 D Angaght Street, 

376009 Yerevan, Armenia; and MAHAN 

AIRWAYS, Mahan Tower, No. 21, 

Azadegan St., M.A. Jenah Exp.Way, 

Tehran, Iran (each a ‘‘Denied Person’’ 

and collectively the ‘‘Denied Persons’’), 

and BLUE AIRWAYS FZE, a/k/a Blue 

Airways, #G22 Dubai Airport Free Zone, 

P.O. Box 393754 DAFZA, Dubai, United 

Arab Emirates and BLUE AIRWAYS, 

Riqa Road, Dubai 52404, United Arab 

Emirates (each a ‘‘Related Person’’ and 

collectively the ‘‘Related 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 

Export Administration Regulations 

(‘‘EAR’’), or in any other activity subject 

to the EAR 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 EAR, or in any other 

activity subject to the EAR; or 

C. Benefiting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or in any 

other activity subject to the EAR. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Persons or Related 

Persons any item subject to the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Persons or Related Persons 

of the ownership, possession, or control 

of any item subject to the EAR that has 

been or will be exported from the 

United States, including financing or 

other support activities related to a 

transaction whereby the Denied Persons 

or Related Persons 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 Persons or 

Related Persons of any item subject to 

the EAR that has been exported from the 

United States; 

D. Obtain from the Denied Persons or 

Related Persons in the United States any 

item subject to the EAR 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 EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by the Denied 

Persons or Related Persons, or service 

any item, of whatever origin, that is 

owned, possessed or controlled by the 

Denied Persons or Related Persons if 

such service involves the use of any 

item subject to the EAR that has been or 

will be exported from the United States. 

For purposes of this paragraph, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to any of the 

Denied Persons 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. 

Fourth, 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. 

In accordance with the provisions of 

Section 766.24(e) of the EAR, the 

Respondents may, at any time, appeal 

this Order by filing a full written 

statement in support of the appeal with 

the Office of the Administrative Law 

Judge, U.S. Coast Guard ALJ Docketing 

Center, 40 South Gay Street, Baltimore, 

Maryland 21202–4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. The 

Respondents may oppose a request to 

renew this Order by filing a written 

submission with the Assistant Secretary 

of Commerce for Export Enforcement, 

which must be received not later than 

seven days before the expiration date of 

the Order. 

A copy of this Order shall be served 

on the Respondents and the Related 

Persons and shall be published in the 

Federal Register. 

This Order is effective immediately and 

shall remain in effect for 180 days. 

Entered this 16th day of March 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. E9–6607 Filed 3–24–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XO35 

Gulf of Mexico Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) will 

convene public meetings. 

DATES: The meetings will be held April 

14–17, 2009. 


PWALKER on PROD1PC71 with NOTICES
12840 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 

ADDRESSES: The meetings will be held at 

the W New Orleans, 333 Poydras St., 

New Orleans, LA 70130. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Richard Leard, Interim Executive 

Director, Gulf of Mexico Fishery 

Management Council; telephone: (813) 

348–1630. 

SUPPLEMENTARY INFORMATION: 

Council 

Thursday, April 16, 2009—The 

Council meeting will begin at 1:30 p.m. 

with a review of the agenda and 

minutes. 

From 1:45 p.m.–2:45 p.m., the Council 

will receive public testimony on 

exempted fishing permits (EFPs), if any; 

and Open Public Comment Period 

regarding any fishery issue of concern. 

People wishing to speak before the 

Council should complete a public 

comment card prior to the comment 

period. 

From 2:45 p.m.–5 p.m., the Council 

will review and discuss the report of the 

committee meetings as follows: Budget/ 

Personnel; Data Collection; Sustainable 

Fisheries/Ecosystem; CLOSED 

SESSION—AP Selection and SSC 

Selection. 

Friday, April 17, 2009 

From 8:30 a.m.–12 p.m. and 1:30 

p.m.–2 p.m., the Council will continue 

to review and discuss reports from the 

committee meetings as follows: 

Administrative Policy; Outreach & 

Education; AP Selection; SSC Selection; 

and Reef Fish Management. 

From 2 p.m.–2:30 p.m., Other 

Business items will follow. The Council 

will conclude its meeting at 

approximately 2:30 p.m. 

Committees 

Tuesday, April 14, 2009 

8:30 a.m.–10 a.m.—CLOSED 

SESSION—The AP Selection Committee 

will meet to select members of Council 

Advisory Panels. 

10 a.m.–12 p.m.—CLOSED 

SESSION—The SSC Selection 

Committee will meet to review the SSC 

Job Description and select members of 

the Scientific and Statistical 

Committees. 

1:30 p.m.–2 p.m.—The Budget/ 

Personnel Committee will meet to 

review the 2009 Budget. 

2 p.m.–5:30 p.m.—The Data 

Collection Committee will listen to 

presentations on Olfish/Environmental 

Defense Electronic Logbook Pilot 

Project; North Carolina Text Message 

Based Reporting Pilot Project and CLS 

America’s Satellite Based 

Environmental Data Collection, as well 

as, report from the GSMFC FIN 

Committee Meeting. 

Wednesday, April 15, 2009 

8:30 a.m.–9:30 a.m.—The Sustainable 

Fisheries/Ecosystem Committee will 

meet to discuss a Paper for Generic 

ACL/AM Amendment and select 

Scoping Hearing Locations. 

9:30 a.m.–12 p.m. and 1:30 p.m.— 

5:30 p.m.—The Reef Fish Management 

Committee will meet to discuss the 

Draft Reef Fish Amendment 31/DEIS to 

address Longline/Turtle Interactions; 

SEP Meeting Report; Allocation of 

Species in Reef Fish Amendments 30A 

& 30B; a Status Report from the Gag/Red 

Grouper Update Assessment workshop; 

a potential Reef Fish IFQ Amendment 

and a potential New Recreational Catch 

Accountability and Reporting AP. 

5:30 p.m.–6:30 p.m.—There will be an 

Informal Open Public Question and 

Answer Session. 

Thursday, April 16, 2009 

8:30 a.m.–10:30 a.m.—The 

Administrative Policy Committee will 

discuss Draft Changes to SOPPs from 

MSRA. 

10:30 a.m.–12 p.m.—The Outreach & 

Education Committee will meet to 

discuss the Report from the Outreach 

and Education AP Meeting. 

Although other non-emergency issues 

not on the agendas may come before the 

Council and Committees for discussion, 

in accordance with the Magnuson-- 

Stevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), those issues may not be the subject 

of formal action during these meetings. 

Actions of the Council and Committees 

will be restricted to those issues 

specifically identified in the agendas 

and any issues arising after publication 

of this notice that require emergency 

action under Section 305(c) of the 

Magunson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take action to address the 

emergency. The established times for 

addressing items on the agenda may be 

adjusted as necessary to accommodate 

the timely completion of discussion 

relevant to the agenda items. In order to 

further allow for such adjustments and 

completion of all items on the agenda, 

the meeting may be extended from, or 

completed prior to the date established 

in this notice. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Tina O’Hern at the 

Council (see ADDRESSES) at least 5 

working days prior to the meeting. 

Dated: March 20, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–6506 Filed 3–24–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO15 

Taking and Exporting Marine 

Mammals; Taking Marine Mammals 

Incidental to the Knik Arm Crossing 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; withdrawal of 

application. 

SUMMARY: Notice is hereby given that 

the Knik Arm Bridge Toll Authority 

(KABATA), 550 West 7th Ave, Suite 

1850, Anchorage, Alaska, 99501, has 

withdrawn its application for 

regulations and subsequent Letters of 

Authorization (LOAs) regarding the 

harassment of marine mammals 

incidental to construction of the Knik 

Arm Crossing. 

ADDRESSES: The documents related to 

this action are available for review upon 

written request or by appointment in the 

following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 713–2289; fax (301) 427–2521; and 

Alaska Region, NMFS, P.O. Box 

21668, Juneau, AK 99802–1668; phone 

(907) 586–7221; fax (907) 586–7249. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, (301) 713–2289. 

SUPPLEMENTARY INFORMATION: On August 

23, 2006, a notice was published in the 

Federal Register (71 FR 49433) that an 

application for regulations governing 

the incidental take of marine mammals 

had been filed by KABATA. The Knik 

Arm Crossing is a proposed bridge 

across Knik Arm, linking Anchorage 

and the Matanuska-Susitna Borough. 

Construction of the bridge would result 

in the harassment of marine mammals, 

including, but not limited to, the 

endangered Cook Inlet beluga whale 

(Dephinapterus leucas). On March 12, 


PWALKER on PROD1PC71 with NOTICES