28910 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2009). The Regulations issued pursuant to the 

EAA, which is currently codified at 50 U.S.C. app. 

2401–2420 (2000). Since August 21, 2001, the EAA 

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)). 

water, 35 m (115 ft) in intermediate 

depths, and 150 m (492 ft) in shallow 

water when the single GI airgun is in 

use from the vessel to be exposed to 

levels (180 dB) believed to have even a 

minimal chance of causing PTS; 

(5) The fact that pinnipeds would 

have closer than 8 m (26 ft) in deep 

water, 12 m (39 ft) in intermediate 

depths, and 95 m (312 ft) in shallow 

water when the single GI airgun is in 

use from the vessel to be exposed to 

levels (190 dB) believed to have even a 

minimal chance of causing PTS. 

(6) The fact that marine mammals 

would have to be closer than 350 m 

(1,148 ft) in deep water, 525 m (1,722 

ft) at intermediate depths, and 1,029 m 

(3,376 ft) in shallow water when the two 

GI airguns are in use from the vessel to 

be exposed to levels of sound (160 dB) 

believed to have even a minimal chance 

at causing TTS; 

(7) The fact that marine mammals 

would have to be closer than 220 m (721 

ft) in deep water, 330 m (1,083 ft) at 

intermediate depths, and 570 m (1,870 

ft) in shallow water when the single GI 

airgun is in use from the vessel to be 

exposed to levels of sound (160 dB) 

believed to have even a minimal chance 

at causing TTS; and 

(8) The likelihood that marine 

mammal detection ability by trained 

observers is high at those short 

distances from the vessel and will 

trigger shut-downs to prevent injury, 

and due to the implementation of the 

other mitigation measures such as rampups. As a result, no take by injury or 

death is anticipated, and the potential 

for temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the proposed mitigation measures. 

While the number of marine 

mammals potentially incidentally 

harassed will depend on the 

distribution and abundance of marine 

mammals in the vicinity of the survey 

activity, the number of potential 

harassment takings is estimated to be 

small, less than a few percent of any of 

the estimated population sizes, and has 

been mitigated to the lowest level 

practicable through incorporation of the 

measures mentioned previously in this 

document. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to Rice for conducting a lowenergy marine seismic survey in the 

Northwest Atlantic Ocean in August, 

2009, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: June 12, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–14380 Filed 6–17–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

TAK Components, Inc. 

In the Matter of: 

TAK Components, Inc., 2140 Fulham Dr., 

Apt. 18, Naperville, IL 60564, Respondent. 

Mr. Saied Shahsavarani, President, 2140 

Fulham Dr., Apt. 18, Naperville, IL 60564, 

Related Person. 

Order Denying Export Privileges 

A. Denial of Export Privileges of TAK 

Components, Inc. 

On October 11, 2007, in the U.S. 

District Court for the Northern District 

of Illinois, TAK Components, Inc. 

(‘‘TAK’’) pled guilty to and was 

convicted of 16 counts of violating the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706 

(2000)) (‘‘IEEPA’’). Specifically, TAK 

pled guilty to willfully exporting and 

transferring, and causing to be exported 

and transferred, from the United States 

to Iran, via the United Arab Emirates, 

replacement and service parts and 

equipment for agricultural machinery, 

without first having obtained the 

required authorization from the 

Department of Treasury’s Office of 

Foreign Assets Control. TAK was 

sentenced to one year probation per 

count (to run concurrently), ordered to 

pay a special assessment of $400.00 per 

count (for a total special assessment of 

$6,400.00), and forfeited approximately 

$181,000 that had been obtained from 

the transactions. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the [Export 

Administration Act (‘‘EAA’’)], the EAR, 

or any order, license or authorization 

issued thereunder; any regulation, 

license, or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)), or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. app. 2410(h). The 

denial of export privileges under this 

provision may be for a period of up to 

10 years from the date of the conviction. 

15 CFR 766.25(d); see also 50 U.S.C. 

app. 2410(h). In addition, Section 750.8 

of the Regulations states that the Bureau 

of Industry and Security’s Office of 

Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of TAK’s 

conviction for violating the IEEPA, and 

have provided notice and an 

opportunity for TAK to make a written 

submission to BIS, as provided in 

Section 766.25 of the Regulations. I have 

not received a submission from TAK. 

Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny TAK’s export 

privileges under the Regulations for a 

period of five years from the date of 

TAK’s conviction. I have also decided to 

revoke all licenses issued pursuant to 

the Act or Regulations in which TAK 

had an interest at the time of its 

conviction. 

B. Denial of Export Privileges of Related 

Person 

Pursuant to Sections 766.25(h) and 

766.23 of the Regulations, the Director 

of BIS’s Office of Exporter Services, in 

consultation with the Director of BIS’s 

Office of Export Enforcement, may take 

action to name persons related to a 

Respondent by ownership, control, 

position of responsibility, affiliation, or 

other connection in the conduct of trade 

or business in order to prevent evasion 

of a denial order. Saied Shahsavarani 

(‘‘Shahsavarani’’) was the corporate 

president and registered agent of TAK 

responsible for all aspects of TAK’s dayto-day operations. Shahsavarani pled 

guilty to Count 17 of the information, 

18.U.S.C. 1960(a), for knowingly aiding 

and abetting the operation of an 

unlicensed money transmitting 

business. Shahsavarani is related to 

TAK by ownership, control, position of 

responsibility, affiliation, or other 

Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28911 

connection in the conduct of trade or 

business. BIS believes that naming 

Shahsavarani as a person related to TAK 

is necessary to avoid evasion of the 

denial order against TAK. 

As provided in Section 766.23 of the 

Regulations, I gave notice to 

Shahsavarani that his export privileges 

under the Regulations could be denied 

for up to 10 years due to his relationship 

with TAK and that BIS believes naming 

him as a person related to TAK would 

be necessary to prevent evasion of a 

denial order imposed against TAK. In 

providing such notice, I gave 

Shahsavarani an opportunity to oppose 

his addition to the TAK Denial Order as 

a related party. Having received no 

submission from Shahsavarani, I have 

decided, following consultations with 

BIS’s Office of Export Enforcement, 

including its Director, to name 

Shahsavarani as a Related Person to the 

TAK Denial Order, thereby denying him 

export privileges for five years from the 

date of TAK’s conviction. 

I have also decided to revoke all 

licenses issued pursuant to the Act or 

Regulations in which the Related Person 

had an interest at the time of TAK’s 

conviction. The five-year denial period 

will end on October 11, 2012. 

Accordingly, it is hereby ordered 

I. Until October 11, 2012, TAK 

Components, Inc., 2140 Fulham Dr., 

Apt. 18, Naperville, IL 60564, when 

acting for or on behalf of TAK, its 

successors or assigns, agents or 

employees, (‘‘the Denied Person’’) and 

the following person related to the 

Denied Person as defined by Section 

766.23 of the Regulations: Saied 

Shahsavarani, President, 2140 Fulham 

Dr., Apt. 18, Naperville, IL 60564, and 

when acting for or on his behalf, 

employees, agents or representatives, 

(‘‘the Related Person’’) (together, the 

Denied Person and the Related Person 

are ‘‘Persons Subject to This Order’’) 

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 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. 

II. No person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Persons Subject To This Order 

any item subject to the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Persons Subject To This Order 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 Persons Subject 

To This Order 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 Persons Subject To 

This Order of any item subject to the 

Regulations that has been exported from 

the United States; 

D. Obtain from the Persons Subject To 

This Order 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 Persons 

Subject To This Order, or service any 

item, of whatever origin, that is owned, 

possessed or controlled by the Persons 

Subject To This Order 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. 

III. In addition to the Related Person 

named above, after notice and 

opportunity for comment as provided in 

section 766.23 of the Regulations, any 

other person, firm, corporation, or 

business organization related to the 

Denied Person 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 if necessary to 

prevent evasion of the Order. 

IV. This Order does not prohibit any 

export, reexport, or other transaction 

subject to the Regulations where the 

only items involved that are subject to 

the Regulations are the foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until October 

11, 2012. 

VI. In accordance with Part 756 of the 

Regulations, TAK 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. 

VII. In accordance with Part 756 of the 

Regulations, the Related Person may 

also file an appeal of this Order with the 

Under Secretary of Commerce for 

Industry and Security. 

VIII. A copy of this Order shall be 

delivered to the Denied Person and the 

Related Person. This Order shall be 

published in the Federal Register. 

Entered this 10th day of June 2009. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. E9–14315 Filed 6–17–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Economic Development Administration 

Notice of Petitions by Firms for 

Determination of Eligibility To Apply 

for Trade Adjustment Assistance 

AGENCY: Economic Development 

Administration, Department of 

Commerce. 

ACTION: Notice and opportunity for 

public comment. 

Pursuant to Section 251 of the Trade 

Act of 1974 (19 U.S.C. 2341 et seq.), the 

Economic Development Administration 

(EDA) has received petitions for 

certification of eligibility to apply for 

Trade Adjustment Assistance from the 

firms listed below. EDA has initiated 

separate investigations to determine 

whether increased imports into the 

United States of articles like or directly 

competitive with those produced by 

each firm contributed importantly to the 

total or partial separation of the firm’s 

workers, or threat thereof, and to a 

decrease in sales or production of each 

petitioning firm.