24786 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

1The EAR is currently codified at 15 CFR Parts 

730–774 (2009). The EAR are issued under the 

Export Administration Act of 1979, as amended (50 

U.S.C. app. 2401–2420 (2000)) (‘‘EAA’’). 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)), which 

has been extended by successive presidential 

notices, the most recent being that of July 23, 2008 

(73 FR 43603 (July 25, 2008)), has continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701– 

1706 (2000)) (‘‘IEEPA’’). 

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. 

Fourth, that, after notice and 

opportunity for comment as provided in 

Section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organization related to Ayadpoor 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. 

Fifth, that the proposed charging 

letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

Sixth, that this Order shall be served 

on the Denied Person and on BIS, and 

shall be published in the Federal 

Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Entered this 15th day of May, 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. E9–12190 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affection Export Privileges: 

Orion Air S.L.; Syrian Pearl Airlines 

In the Matter of: 

Orion Air, S.L., Canada Real de Merinas, 7 

Edificio 5, 3’A, Eissenhower Business 

Center, 28042 Madrid, Spain. 

Ad. de las Cortes Valencianas no 37, Esc.A 

Puerta 45 46015 Valencia, Spain. 

Syrian Pearl Airlines, Damascus International 

Airport, Damascus, Syria. Respondents. 

Order Temporarily Denying Export 

Privileges 

Pursuant to Section 766.24 of the Export 

Administration Regulations (‘‘EAR’’),1 the 

Bureau of Industry and Security (‘‘BIS’’), U.S. 

Department of Commerce, through its Office 

of Export Enforcement (‘‘OEE’’), has 

requested that I issue an Order temporarily 

denying, for a period of 180 days, the export 

privileges under the EAR of: 

1. Orion Air, S.L., Canada Real de Merinas, 

7 Edificio 5, 3’A, Eissenhower Business 

Center, 28042 Madrid, Spain and Ad. de 

las Cortes Valencianas no 37, Esc.A 

Puerta 45 46015 Valencia, Spain. 

2. Syrian Pearl Airlines, Damascus 

International Airport, Damascus, Syria. 

BIS has presented evidence that on or 

about May 1, 2009, Orion Air re-exported a 

BAE 146–300 aircraft (tail number EC–JVO) 

to Syria and specifically to Syrian Pearl 

Airways without the U.S. Government 

authorization required by General Order No. 

2 of Supplement 1 to Part 736 of the EAR. 

This re-export took place after Orion Air had 

been directly informed of the export 

licensing requirements by the U.S. 

Government, and thus had actual as well as 

constructive notice of those licensing 

requirements, and occurred despite 

assurances made by Orion Air that it would 

put the transaction on hold based on the U.S. 

Government’s concerns. 

The aircraft is powered with four U.S.- 

origin engines and also contains a U.S.-origin 

auxiliary power unit (‘‘APU’’) and electronic 

flight instrumentation system (‘‘EFIS’’), all of 

which are items subject to the EAR. The 

engines and APU are classified as Export 

Control Classification Number (‘‘ECCN’’) 

9A991.d and the EFIS is classified as ECCN 

7A994. Because the aircraft contains greater 

than a 10 percent de minimis of U.S.-origin 

items, a fact Orion Air acknowledged, the 

aircraft is also subject to the EAR if reexported to Syria and is classified as ECCN 

9A991.b. No license was obtained from BIS 

for export or re-export of the U.S.-origin parts 

contained in the aircraft, nor the aircraft 

itself. BIS has also produced evidence that 

the re-exported aircraft bears the livery, 

colors and logos of Syrian Pearl Airlines, a 

national of Syria, a country group E:1 

destination. 

Moreover, BIS argues that future violations 

of the EAR are imminent based on statements 

by Orion Air to the U.S. Government that 

Orion Air plans to re-export an additional 

BAE 146–300 aircraft, currently located in 

Spain, to Syria and specifically to Syrian 

Pearl Airlines. This information is 

corroborated by publically available 

information in the Syrian press and 

contained in industry data bases. Based on 

this evidence, including Orion’s recent reexport to Syria in violation of the EAR, it is 

highly likely that this additional aircraft will 

be re-exported to Syria contrary to U.S. 

export control laws. 

I find that the evidence presented by BIS 

demonstrates that a violation of the 

Regulations is imminent in both time and 

degree of likelihood. The conduct in this case 

is deliberate, significant and likely to occur 

again absent the issuance of a TDO. As such, 

a TDO is needed to give notice to persons 

and companies in the United States and 

abroad that they should cease dealing with 

the Respondents in export transactions 

involving items subject to the EAR. Such a 

TDO is consistent with the public interest to 

preclude future violations of the EAR. 

Accordingly, I find that a TDO naming 

Orion Air and Syrian Pearl Airlines is 

necessary, in the public interest, to prevent 

an imminent violation of the EAR. 

This Order is being issued on an ex parte 

basis without a hearing based upon BIS’s 

showing of an imminent violation. 

It Is Therefore Ordered: 

First, that, Orion Air, S.L., Canada Real de 

Merinas, 7 Edificio 5, 3’A, Eissenhower 

Business Center, 28042 Madrid, Spain, and 

Ad. de las Cortes Valencianas no 37, Esc.A 

Puerta 4546015 Valencia, Spain; and Syrian 

Pearl Airlines, Damascus International 

Airport, Damascus, Syria. (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 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. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24787 

Second, that no person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf of any 

Denied Person any item subject to the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by any 

Denied Person 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 

any 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 any Denied Person of any 

item subject to the EAR that has been 

exported from the United States; 

D. Obtain from any Denied Person 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 

any Denied Person, or service any item, of 

whatever origin, that is owned, possessed or 

controlled by any Denied Person 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 

Respondents 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 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 shall be published in the 

Federal Register. 

This Order is effective upon issuance and 

shall remain in effect for 180 days. 

Entered this 7th day of May 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. E9–12046 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Notice Requesting Nominations for the 

Advisory Committee on Commercial 

Remote Sensing (ACCRES) 

AGENCY: U.S. Department of Commerce, 

National Oceanic and Atmospheric 

Administration. 

SUMMARY: The Advisory Committee on 

Commercial Remote Sensing (ACCRES) 

was constituted to advise the Secretary 

of Commerce through the Under 

Secretary of Commerce for Oceans and 

Atmosphere on matters relating to the 

U.S. commercial remote sensing 

industry and NOAA’s activities to carry 

out responsibilities of the Department of 

Commerce set forth in the Land Remote 

Sensing Policy Act of 1992 (15 U.S.C. 

Secs 5621–5625). The Committee is 

composed of leaders in the commercial 

space-based remote sensing industry, 

space-based remote sensing data users, 

government (federal, state, local), and 

academia. The Department of Commerce 

is seeking up to five highly qualified 

individuals knowledgeable about the 

commercial space-based remote sensing 

industry and uses of space-based remote 

sensing data to serve on the Committee. 

DATES: Nominations must be 

postmarked on or before June 25, 2009. 

SUPPLEMENTARY INFORMATION: ACCRES 

was established by the Secretary of 

Commerce (Secretary) on May 21, 2002, 

to advise the Secretary through the 

Under Secretary of Commerce for 

Oceans and Atmosphere on relating to 

the U.S. commercial remote sensing 

industry and NOAA’s activities to carry 

out responsibilities of the Department of 

Commerce set forth in the Land Remote 

Sensing Policy Act of 1992 (15 U.S.C. 

Secs 5621–5625). 

The Committee meets twice a year. 

Committee members serve in a 

representative capacity for a term of two 

years and may serve additional terms, if 

reappointed. No more than 15 

individuals may serve on the 

Committee. Membership is comprised of 

highly qualified individuals 

representing the commercial spacebased remote sensing industry, spacebased remote sensing data users, 

government (Federal, State, local), and 

academia from a balance of geographical 

regions. Nominations are encouraged 

from all interested persons and 

organizations representing interests 

affected by the U.S. commercial space 

based remote sensing industry. 

Nominees must possess demonstrable 

expertise in a field related to the spaced 

based commercial remote sensing 

industry or exploitation of space based 

commercial remotely sensed data and be 

able to attend committee meetings that 

are held usually two times per year. In 

addition, selected candidates must 

apply for and obtain a security 

clearance. Membership is voluntary, 

and service is without pay. 

Each nomination submission should 

include the proposed committee 

member’s name and organizational 

affiliation, a cover letter describing the 

nominee’s qualifications and interest in 

serving on the Committee, a curriculum 

vitae or resume of nominee, and no 

more than three supporting letters 

describing the nominee’s qualifications 

and interest in serving on the 

Committee. Self-nominations are 

acceptable. The following contact 

information should accompany each 

submission: The nominee’s name, 

address, phone number, fax number, 

and e-mail address if available. 

Nominations should be sent to 

Director, Commercial Remote Sensing 

Regulatory Affairs Office, 1335 East 

West Highway, Room 8260, Silver 

Spring, Maryland 20910. Nominations 

must be received by June 25, 2009. The 

full text of the Committee Charter and 

its current membership can be viewed at 

the Agency’s Web page at http:// 

www.accres.noaa.gov/index.html. 

FOR FURTHER INFORMATION CONTACT: 

ACCRES Administration, NOAA 

Commercial Remote Sensing Regulatory 

Affairs Office, 1335 East West Highway, 

Room 8119, Silver Spring, Maryland 

20910; telephone (301) 713–1644, fax 

(301) 713–0204, e-mail 

CRSRA@noaa.gov. 

Mary E. Kicza, 

Assistant Administrator for Satellite and 

Information Services. 

[FR Doc. E9–12117 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–HR–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request 

The United States Patent and 

Trademark Office (USPTO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information