Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45703 

1ECRA was enacted as part of the John S. McCain 

National Defense Authorization Act for Fiscal Year 

2019, and as amended is codified at 50 U.S.C. 

4801–4852. Sobrado’s conviction post-dates ECRA’s 

enactment on August 13, 2018. 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[S–120–2021] 

Foreign-Trade Zone 98–Birmingham, 

Alabama; Application for Subzone; 

Mercedes Benz USA, LLC, Vance, 

Alabama 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board by 

the City of Birmingham, Alabama, 

grantee of FTZ 98, requesting subzone 

status for the facility of Mercedes Benz 

USA, LLC (MBUSA), located in Vance, 

Alabama. The application was 

submitted pursuant to the provisions of 

the Foreign-Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the FTZ Board (15 CFR 

part 400). It was formally docketed on 

August 10, 2021. 

The proposed subzone (42.23 acres) is 

located at 11146 Will Walker Road, 

Vance, Alabama. No authorization for 

production activity has been requested 

at this time. The proposed subzone 

would be subject to the existing 

activation limit of FTZ 98. 

In accordance with the FTZ Board’s 

regulations, Christopher Kemp of the 

FTZ Staff is designated examiner to 

review the application and make 

recommendations to the Executive 

Secretary. 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the FTZ Board’s Executive 

Secretary and sent to: ftz@trade.gov. The 

closing period for their receipt is 

September 27, 2021. Rebuttal comments 

in response to material submitted 

during the foregoing period may be 

submitted during the subsequent 15-day 

period to October 12, 2021. 

A copy of the application will be 

available for public inspection in the 

‘‘Reading Room’’ section of the FTZ 

Board’s website, which is accessible via 

www.trade.gov/ftz. 

For further information, contact 

Christopher Kemp at 

Christopher.Kemp@trade.gov. 

Dated: August 10, 2021. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2021–17467 Filed 8–13–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[S–121–2021] 

Foreign-Trade Zone 18—San Jose, 

California; Application for Expansion 

of Subzone 18G; Tesla, Inc., Lathrop, 

California 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board by 

the City of San Jose, grantee of FTZ 18, 

requesting an expansion of Subzone 18G 

on behalf of Tesla, Inc., in Lathrop, 

California. The application was 

submitted pursuant to the provisions of 

the Foreign-Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the FTZ Board (15 CFR 

part 400). It was formally docketed on 

August 10, 2021. 

Subzone 18G currently consists of the 

following sites: Site 1 (25.28 acres)— 

3500 Deer Creek Road, Palo Alto; Site 2 

(265.88 acres)—45500 Fremont 

Boulevard, Fremont; Site 3 (10 acres)— 

2875 Prune Avenue, Fremont; Site 4 

(39.21 acres)—901 and 1055 Page 

Avenue and 47700 Kato Road, Fremont; 

Site 5 (15.79)—47400 Kato Road, 

Fremont; Site 6 (31.91 acres)—6800 and 

6900 Dumbarton Circle, Fremont; Site 7 

(0.67 acres)—3777 and 3785 Spinnaker 

Court, Fremont; Site 8 (14.93 acres)— 

31353 Huntwood Avenue, Hayward; 

Site 11 (10.60 acres)—1710 Little 

Orchard Street, San Jose; Site 12 (18.8 

acres)—800 Atlantis Street, Livermore; 

Site 13 (32.85 acres)—201 Discovery 

Drive, Livermore; Site 14 (7.76 acres)— 

1050 77th Avenue, Oakland; and, Site 

15 (2.181 acres)—55 Admiral Robert 

Toney Way, Oakland. 

The applicant is now requesting 

authority to expand the subzone to 

include the following additional sites in 

Lathrop, San Joaquin County: Site 16 

(29.11 acres)—18260 South Harlan 

Road; Site 17 (12.5 acres)—18250 

Murphy Parkway; Site 18 (48.64 

acres)—17100 Murphy Parkway; Site 19 

(23.07 acres)—701 D’Arcy Parkway; Site 

20 (28.02 acres)—700 D’Arcy Parkway; 

Site 21 (13.2 acres)—401/501 Tesla 

Drive; and, Site 22 (4.86 acres)—500 

Louise Avenue. The expanded subzone 

would be subject to the existing 

activation limit of FTZ 18. 

In accordance with the FTZ Board’s 

regulations, Qahira El-Amin of the FTZ 

Staff is designated examiner to review 

the application and make 

recommendations to the Executive 

Secretary. 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the FTZ Board’s Executive 

Secretary and sent to: ftz@trade.gov. The 

closing period for their receipt is 

September 27, 2021. Rebuttal comments 

in response to material submitted 

during the foregoing period may be 

submitted during the subsequent 15-day 

period to October 12, 2021. 

A copy of the application will be 

available for public inspection in the 

‘‘Reading Room’’ section of the FTZ 

Board’s website, which is accessible via 

www.trade.gov/ftz. 

For further information, contact 

Qahira El-Amin at Qahira.El-Amin@

trade.gov. 

Dated: August 10, 2021. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2021–17466 Filed 8–13–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Roger Sobrado; 

Inmate Number: 71907–050; USP 

Lewisburg, U.S. Penitentiary, P.O. Box 

1000, Lewisburg, PA 17837; Order 

Denying Export Privileges 

On September 5, 2019, in the U.S. 

District Court for the District of New 

Jersey, Roger Sobrado (‘‘Sobrado’’), was 

convicted of violating 18 U.S.C. 371. 

Specifically, Sobrado was convicted of 

knowingly and intentionally conspiring 

and agreeing with others to export and 

causing to be exported ITAR-controlled 

technical data, designated as defense 

articles on the United States Munitions 

List, to one or more foreign nationals, 

without having first obtained from the 

United States Department of State, a 

license or other written approval for 

such export. Sobrado was sentenced to 

36 months in prison, three years of 

supervised released, $300 special 

assessment and restitution of 

$8,043,977. 

Pursuant to Section 1760(e) of the 

Export Control Reform Act (‘‘ECRA’’),1

the export privileges of any person who 

has been convicted of certain offenses, 

including, but not limited to, 18 U.S.C. 

371, may be denied for a period of up 

to ten (10) years from the date of his/her 

conviction. 50 U.S.C. 4819(e) (Prior 

Convictions). In addition, any Bureau of 

Industry and Security (BIS) licenses or 

other authorizations issued under 

ECRA, in which the person had an 


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45704 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

3The Director, Office of Export Enforcement, is 

now the authorizing official for issuance of denial 

orders, pursuant to recent amendments to the 

Regulations (85 73411, November 18, 2020). 

1ECRA was enacted as part of the John S. McCain 

National Defense Authorization Act for Fiscal Year 

2019, and as amended is codified at 50 U.S.C. 

4801–4852. Cabalceta’s conviction post-dates 

ECRA’s enactment on August 13, 2018. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

interest at the time of the conviction, 

may be revoked. Id. 

BIS received notice of Sobrado’s 

conviction for violating 18 U.S.C. 371, 

and has provided notice and 

opportunity for Sobrado to make a 

written submission to BIS, as provided 

in Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

the ‘‘Regulations’’). 15 CFR 766.25.2 BIS 

has not received a written submission 

from Sobrado. 

Based upon my review of the record 

and consultations with BIS’s Office of 

Exporter Services, including its 

Director, and the facts available to BIS, 

I have decided to deny Sobrado’s export 

privileges under the Regulations for a 

period of 10 years from the date of 

Sobrado’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Sobrado had an interest at the time of 

his conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

September 5, 2029, Roger Sobrado, with 

a last known address of Inmate Number: 

71907–050, USP Lewisburg, U.S. 

Penitentiary, P.O. Box 1000, Lewisburg, 

PA 17837, and when acting for or on his 

behalf, his successors, assigns, 

employees, agents or representatives 

(‘‘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, 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 

from any other activity subject to the 

Regulations. 

Second, 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. 

Third, pursuant to Section 1760(e) of 

the Export Control Reform Act (50 

U.S.C. 4819(e)) and Sections 766.23 and 

766.25 of the Regulations, any other 

person, firm, corporation, or business 

organization related to Sobrado 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 in order to 

prevent evasion of this Order. 

Fourth, in accordance with Part 756 of 

the Regulations, Sobrado 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. 

Fifth, a copy of this Order shall be 

delivered to Sobrado and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until September 5, 2029. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2021–17455 Filed 8–13–21; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Oben Cabalceta, 

Inmate Number: 72454–050, FCI 

Oakdale, Federal Correctional 

Institution, P.O. Box 5010, Oakdale, LA 

71463; Order Denying Export 

Privileges 

On September 18, 2019, in the U.S. 

District Court for the District of New 

Jersey, Oben Cabalceta (‘‘Cabalceta’’), 

was convicted of violating 18 U.S.C. 

371. Specifically, Cabalceta was 

convicted of knowingly and 

intentionally conspiring and agreeing 

with others to export and causing to be 

exported ITAR-controlled technical 

data, designated as defense articles on 

the United States Munitions List, to one 

or more foreign nationals, without 

having first obtained from the United 

States Department of State, a license or 

other written approval for such export. 

Cabalceta was sentenced to 42 months 

in prison, two years of supervised 

released, $200 special assessment and 

restitution of $1,890,939. 

Pursuant to Section 1760(e) of the 

Export Control Reform Act (‘‘ECRA’’),1

the export privileges of any person who 

has been convicted of certain offenses, 

including, but not limited to, 18 U.S.C. 

371, may be denied for a period of up 

to ten (10) years from the date of his/her 

conviction. 50 U.S.C. 4819(e) (Prior 

Convictions). In addition, any Bureau of 

Industry and Security (BIS) licenses or 

other authorizations issued under 

ECRA, in which the person had an 

interest at the time of the conviction, 

may be revoked. Id. 

BIS received notice of Cabalceta’s 

conviction for violating 18 U.S.C. 371, 

and has provided notice and 

opportunity for Cabalceta to make a 

written submission to BIS, as provided 

in Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

the ‘‘Regulations’’). 15 CFR 66.25.2 BIS 


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