24516 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 

1ECRA was enacted on August 13, 2018, 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. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

This Order is being issued on an ex 

parte basis without a hearing based 

upon BIS’s showing of an imminent 

violation in accordance with Section 

766.24 and 766.23(b) of the Regulations. 

IV. Order 

It is therefore ordered: 

First, Aviastar-TU, 5 b. 7 

Leningradsky prospekt, g. Moskva, 

125040, Moscow, Russia, when acting 

for or on their behalf, any successors or 

assigns, agents, or employees 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 

EAR, or in any other activity subject to 

the EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), 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 except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of 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 EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of Aviastar any 

item subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

Aviastar 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 Aviastar acquires 

or attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from Aviastar of any item 

subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 

D. Obtain from Aviastar 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 except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 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 Aviastar, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Aviastar if such service involves the 

use of any item subject to the EAR that 

has been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. 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 Aviastar 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 accordance with the provisions of 

Sections 766.24(e) of the EAR, Aviastar 

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. A renewal 

request may be opposed by Aviastar as 

provided in Section 766.24(d), 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 provided 

to Aviastar and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Dated: April 21, 2022. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2022–08885 Filed 4–25–22; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Arnoldo Vidaurri, 113 

Coronado Ave., Laredo, TX 78043; 

Order Denying Export Privileges 

On March 29, 2019, in the U.S. 

District Court for the Southern District 

of Texas, Arnoldo Vidaurri (‘‘Vidaurri’’) 

was convicted of violating 18 U.S.C. 

554(a). Specifically, Vidaurri was 

convicted of fraudulently and 

knowingly exporting and sending, from 

the United States to Mexico, two Ruger 

LCP 380 pistols and 100 rounds of 

ammunition, without a Department of 

State export license or other written 

authorization, in violation of 18 U.S.C. 

554. 

As a result of his conviction, the 

Court sentenced Vidaurri to 36 months 

of probation, 75 hours of community 

service, and a $100 court assessment. 

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. 

554, 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 Vidaurri’s 

conviction for violating 18 U.S.C. 554 

and, as provided in Section 766.25 of 

the Export Administration Regulations 

(‘‘EAR’’ or the ‘‘Regulations’’). has 

provided notice and opportunity for 

Vidaurri to make a written submission 

to BIS. 15 CFR 766.25.2 BIS received 


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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 24517 

3The Director, Office of Export Enforcement, is 

the authorizing official for issuance of denial 

orders, pursuant to recent amendments to the 

Regulations (85 FR 73411, November 18, 2020). 

and considered a written submission 

from Vidaurri. 

Based upon my review of the record, 

including Vidaurri’s submission and 

consultations with BIS’s Office of 

Exporter Services, including its 

Director, and the facts available to BIS, 

I have decided to deny Vidaurri’s export 

privileges under the Regulations for a 

period of five years from the date of 

Vidaurri’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Vidaurri had an interest at the time of 

his conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

March 29, 2024, Arnoldo Vidaurri, with 

a last known address of 113 Coronado 

Ave, Laredo, TX 78043, 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, reexport, or transfer (incountry) 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 

ECRA (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 the 

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 in order to 

prevent evasion of this Order. 

Fourth, in accordance with part 756 of 

the Regulations, the Denied Person 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 the Denied Person and shall 

be published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until March 29, 2024. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2022–08793 Filed 4–25–22; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB961] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Punta 

Gorda Lighthouse Stabilization Project 

in Humboldt County, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments on proposed authorization 

and possible renewal. 

SUMMARY: NMFS has received a request 

from the Bureau of Land Management 

(BLM) for authorization to take marine 

mammals incidental to the Punta Gorda 

Lighthouse Stabilization Project in 

Humboldt County, California. Pursuant 

to the Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an incidental 

harassment authorization (IHA) to 

incidentally take marine mammals 

during the specified activities. NMFS is 

also requesting comments on a possible 

one-time, one-year renewal that could 

be issued under certain circumstances 

and if all requirements are met, as 

described in Request for Public 

Comments at the end of this notice. 

NMFS will consider public comments 

prior to making any final decision on 

the issuance of the requested MMPA 

authorization and agency responses will 

be summarized in the final notice of our 

decision. 

DATES: Comments and information must 

be received no later than May 26, 2022. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service and should be 

submitted via email to ITP.Fowler@

noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 


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