80_FR_17789 80 FR 17726 - Order Renewing Order Temporarily Denying Export Privileges; X-TREME Motors LLC, et al.

80 FR 17726 - Order Renewing Order Temporarily Denying Export Privileges; X-TREME Motors LLC, et al.

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17726-17728
FR Document2015-07569

Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17726-17728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07569]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Renewing Order Temporarily Denying Export Privileges; X-
TREME Motors LLC, et al.

    In the Matter of: X-TREME Motors LLC, a/k/a XTREME Motors, 2496 
South 1900 West, West Haven, Utah 84401; and XTREME Outdoor Store, 
a/k/a XTREME Outdoors, 2496 South 1900 West, West Haven, Utah 84401; 
and Tyson Preece, 3930 West Old Highway Road, Morgan, Utah 84050; 
and Corey Justin Preece, a/k/a Corey Preece, a/k/a Justin Preece, 
1245 South Morgan Valley Drive, Morgan, Utah 84050; and Toby Green, 
480 West 175 North, Morgan, Utah 84050.

    Pursuant to Section 766.24 of the Export Administration 
Regulations, 15 CFR parts 730-774 (2014) (``EAR'' or the 
``Regulations''),\1\ I hereby grant the request of the Office of Export 
Enforcement (``OEE'') to renew the September 30, 2014 Order Temporarily 
Denying the Export Privileges of X-TREME Motors LLC, also known as 
XTREME Motors; XTREME Outdoor Store, also known as XTREME Outdoors; 
Tyson Preece; Corey Justin Preece, also known as Corey Preece or Justin 
Preece; and Toby Green I find that renewal of the Temporary Denial 
Order (``TDO'') is necessary in the public interest to prevent an 
imminent violation of the EAR.
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    \1\ The EAR are currently codified at 15 CFR parts 730-774 
(2014). The EAR issued under the Export Administration Act of 1979, 
as amended (50 U.S.C. app. Sec. Sec.  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 August 7, 2014 (79 FR 46959 
(Aug. 11, 2014)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et 
seq.) (2006 & Supp. IV 2010).

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[[Page 17727]]

I. Procedural History and Background

    On September 30, 2014, I signed a TDO denying for 180 days the 
export privileges of X-TREME Motors LLC and XTREME Outdoor Store 
(collectively, ``X-TREME''). Tyson Preece, Corey Justin Preece, and 
Toby Green were added to the TDO as related persons in accordance with 
Section 766.23 of the Regulations. The TDO was issued ex parte pursuant 
to Section 766.24(a), and went into effect upon issuance on September 
30, 2014. Copies of the TDO were sent to each party named in the 
September 30, 2014 order in accordance with Sections 766.5 and 
766.24(d) of the Regulations, and on October 7, 2014, the TDO was 
published in the Federal Register. 79 FR 60,445 (Oct. 7, 2014).
    In support of the original TDO, OEE presented evidence that X-TREME 
repeatedly exported items controlled for Crime Control reasons without 
the required licenses to various destinations, including Russia and 
China. In order to conceal the actual contents of the shipments the 
Respondents intentionally mislabeled the contents on U.S. Customs 
Declarations. Between September 1, 2014, and the issuance of the TDO on 
September 30, 2014, the United States Government detained approximately 
20 shipments containing rifle scopes to destinations that required an 
export license.
    The current TDO dated September 30, 2014, will expire on March 28, 
2015, unless renewed on or before that date. On March 5, 2015, OEE 
submitted a written request for renewal of the TDO as to each named 
party. Notice of the renewal request was provided in accordance with 
Sections 766.5 and 766.24(d) of the Regulations. No opposition to any 
aspect of the requested renewal has been received.\2\
---------------------------------------------------------------------------

    \2\ Neither Tyson Preece, Corey Justin Preece, nor Toby Green 
has at any time challenged his respective inclusion as a related 
person to X-TREME.
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II. TDO Renewal

A. Legal Standard

    Pursuant to Section 766.24(b) of the Regulations, BIS may issue or 
renew an order temporarily denying a Respondent's export privileges 
upon a showing that the order is necessary in the public interest to 
prevent an ``imminent violation'' of the Regulations. 15 CFR 
766.24(b)(1). ``A violation may be `imminent' either in time or degree 
of likelihood.'' 15 CFR 766.24(b)(3). BIS may show ``either that a 
violation is about to occur, or that the general circumstances of the 
matter under investigation or case under criminal or administrative 
charges demonstrate a likelihood of future violations.'' Id. As to the 
likelihood of future violations, BIS may show that ``the violation 
under investigation or charges is significant, deliberate, covert and/
or likely to occur again, rather than technical or negligent[.]'' Id. A 
``lack of information establishing the precise time a violation may 
occur does not preclude a finding that a violation is imminent, so long 
as there is sufficient reason to believe the likelihood of a 
violation.'' Id.

B. Request for Renewal

    OEE's request for renewal is based upon the facts underlying the 
issuance of the TDO and the evidence developed over the course of this 
investigation, including the evidence summarized in Section I., supra. 
OEE's on-going investigation of X-TREME, in conjunction with the United 
States Attorney's Office for the District of Utah, included the 
execution of a search warrant at X-TREME's place of business on 
September 29, 2014. Based on evidence obtained via the search warrant 
and since reviewed, OEE has determined that X-TREME's unlawful export 
activities were more extensive than known at the time the TDO issued, 
including that X-TREME engaged in at least 44 unlicensed exports over a 
30-day period prior to the issuance of the TDO. In addition to the 
unlicensed export of rifle scopes discussed above, OEE also identified 
unlicensed exports of stun guns and Oleoresin Capsicum spray, items 
also controlled for Crime Control reasons.
    Moreover, despite the execution of the search warrant and the 
issuance of the TDO the following day, X-TREME continued to engage in 
unlawful export activities. On October 21, 2014 and October 28, 2014, 
respectively, X-TREME exported or attempted to export items subject to 
the Regulations to Canada. While the October 28, 2014 shipment was 
stopped by the United States Postal Service, X-TREME was successful in 
exporting the October 21, 2014 shipment. Both of these transactions 
plainly violated the TDO, which prohibits X-TREME from engaging in any 
export-related activities involving items subject to the EAR.

C. Findings

    I find that the evidence presented by OEE demonstrates that renewal 
of the TDO is necessary to avoid an imminent violation of the 
Regulations based upon X-TREME's deliberate and covert violations both 
pre- and post-issuance of the TDO. Accordingly, renewal of the 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 
and re-export transactions involving items subject to the EAR or other 
activities prohibited by the TDO. Doing so is consistent with the 
public interest to preclude future violations of the EAR.
    It is therefore ordered:
    First, that X-TREME MOTORS LLC, a/k/a XTREME MOTORS, 2496 South 
1900 West, West Haven, Utah 84401; XTREME OUTDOOR STORE, a/k/a XTREME 
OUTDOORS, 2496 South 1900 West, West Haven, Utah 84401; TYSON PREECE, 
3930 West Old Highway Road, Morgan, Utah 84050; COREY JUSTIN PREECE, a/
k/a COREY PREECE, a/k/a JUSTIN PREECE, 1245 South Morgan Valley Drive, 
Morgan, Utah 84050; and TOBY GREEN, 480 West 175 North, Morgan, Utah 
84050; and when acting for or on their behalf, any successors or 
assigns, agents, or employees (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. 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 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 a Denied Person any item 
subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a 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 a Denied Person acquires or attempts 
to acquire such ownership, possession or control;

[[Page 17728]]

    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from a Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from a 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 a Denied Person, or service any item, 
of whatever origin, that is owned, possessed or controlled by a 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 a 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.
    In accordance with the provisions of Section 766.24(e) of the EAR, 
X-TREME Motors LLC and/or XTREME Outdoor Store 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 Sections 766.23(c)(2) and 
766.24(e)(3) of the EAR, Tyson Preece, Corey Justin Preece and/or Toby 
Green may, at any time, appeal their inclusion as a related person 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 such 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 immediately and shall remain in effect for 
180 days.

    Dated: March 27, 2015.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2015-07569 Filed 4-1-15; 8:45 am]
BILLING CODE CODE P



                                              17726                          Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

                                              or any order, license or authorization                  exported from the United States that is               within 45 days from the date of this
                                              issued thereunder; any regulation,                      subject to the Regulations, or in any                 Order and must comply with the
                                              license, or order issued under the                      other activity subject to the Regulations;            provisions of Part 756 of the
                                              International Emergency Economic                        or                                                    Regulations.
                                              Powers Act (50 U.S.C. 1701–1706); 18                       C. Benefitting in any way from any                   Fifth, a copy of this Order shall be
                                              U.S.C. 793, 794 or 798; section 4(b) of                 transaction involving any item exported               delivered to the Bishop. This Order
                                              the Internal Security Act of 1950 (50                   or to be exported from the United States              shall be published in the Federal
                                              U.S.C. 783(b)), or section 38 of the Arms               that is subject to the Regulations, or in
                                                                                                                                                            Register.
                                              Export Control Act (22 U.S.C. 2778).’’ 15               any other activity subject to the
                                              CFR 766.25(a); see also Section 11(h) of                Regulations.                                            Sixth, this Order is effective
                                              the EAA, 50 U.S.C. app. § 2410(h). The                     Second, no person may, directly or                 immediately and shall remain in effect
                                              denial of export privileges under this                  indirectly, do any of the following:                  until May 7, 2018.
                                              provision may be for a period of up to                     A. Export or reexport to or on behalf                Issued this 26th day of March, 2015.
                                              10 years from the date of the conviction.               of the Denied Person any item subject to
                                                                                                                                                            Thomas Andrukonis,
                                              15 CFR 766.25(d); see also 50 U.S.C.                    the Regulations;
                                                                                                         B. Take any action that facilitates the            Acting Director, Office of Exporter Services.
                                              app. § 2410(h). In addition, Section
                                              750.8 of the Regulations states that the                acquisition or attempted acquisition by               [FR Doc. 2015–07638 Filed 4–1–15; 8:45 am]
                                              Bureau of Industry and Security’s Office                the Denied Person of the ownership,                   BILLING CODE CODE P
                                              of Exporter Services may revoke any                     possession, or control of any item
                                              Bureau of Industry and Security (‘‘BIS’’)               subject to the Regulations that has been
                                              licenses previously issued in which the                 or will be exported from the United                   DEPARTMENT OF COMMERCE
                                              person had an interest in at the time of                States, including financing or other
                                              his conviction.                                         support activities related to a                       Bureau of Industry and Security
                                                 BIS has received notice of Bishop’s                  transaction whereby the Denied Person
                                              conviction for violating the AECA, and                  acquires or attempts to acquire such                  Order Renewing Order Temporarily
                                              has provided notice and an opportunity                  ownership, possession or control;                     Denying Export Privileges; X–TREME
                                              for Bishop to make a written submission                    C. Take any action to acquire from or              Motors LLC, et al.
                                              to BIS, as provided in Section 766.25 of                to facilitate the acquisition or attempted
                                                                                                                                                               In the Matter of: X–TREME Motors LLC, a/
                                              the Regulations. BIS has not received a                 acquisition from the Denied Person of
                                                                                                                                                            k/a XTREME Motors, 2496 South 1900 West,
                                              submission from Bishop.                                 any item subject to the Regulations that
                                                                                                                                                            West Haven, Utah 84401; and XTREME
                                                 Based upon my review and                             has been exported from the United                     Outdoor Store, a/k/a XTREME Outdoors,
                                              consultations with BIS’s Office of                      States;                                               2496 South 1900 West, West Haven, Utah
                                              Export Enforcement, including its                          D. Obtain from the Denied Person in
                                                                                                                                                            84401; and Tyson Preece, 3930 West Old
                                              Director, and the facts available to BIS,               the United States any item subject to the
                                                                                                                                                            Highway Road, Morgan, Utah 84050; and
                                              I have decided to deny Bishop’s export                  Regulations with knowledge or reason                  Corey Justin Preece, a/k/a Corey Preece, a/k/
                                              privileges under the Regulations for a                  to know that the item will be, or is                  a Justin Preece, 1245 South Morgan Valley
                                              period of five years from the date of                   intended to be, exported from the                     Drive, Morgan, Utah 84050; and Toby Green,
                                              Bishop’s conviction. I have also decided                United States; or                                     480 West 175 North, Morgan, Utah 84050.
                                              to revoke all licenses issued pursuant to                  E. Engage in any transaction to service
                                              the Act or Regulations in which Bishop                  any item subject to the Regulations that                 Pursuant to Section 766.24 of the
                                              had an interest at the time of his                      has been or will be exported from the                 Export Administration Regulations, 15
                                              conviction.                                             United States and which is owned,                     CFR parts 730–774 (2014) (‘‘EAR’’ or the
                                                 Accordingly, it is hereby ordered:                   possessed or controlled by the Denied                 ‘‘Regulations’’),1 I hereby grant the
                                                 First, from the date of this Order until             Person, or service any item, of whatever              request of the Office of Export
                                              May 7, 2018, Brian Keith Bishop, with                   origin, that is owned, possessed or                   Enforcement (‘‘OEE’’) to renew the
                                              a last known address of 93000 Pretoria                  controlled by the Denied Person if such               September 30, 2014 Order Temporarily
                                              Place, Dulles, VA 20189–9300, and                       service involves the use of any item                  Denying the Export Privileges of X–
                                              when acting for or on his behalf, his                   subject to the Regulations that has been              TREME Motors LLC, also known as
                                              successors, assigns, employees, agents                  or will be exported from the United                   XTREME Motors; XTREME Outdoor
                                              or representatives (the ‘‘Denied                        States. For purposes of this paragraph,               Store, also known as XTREME
                                              Person’’), may not, directly or indirectly,             servicing means installation,                         Outdoors; Tyson Preece; Corey Justin
                                              participate in any way in any                           maintenance, repair, modification or                  Preece, also known as Corey Preece or
                                              transaction involving any commodity,                    testing.                                              Justin Preece; and Toby Green I find that
                                              software or technology (hereinafter                        Third, after notice and opportunity for            renewal of the Temporary Denial Order
                                              collectively referred to as ‘‘item’’)                   comment as provided in Section 766.23                 (‘‘TDO’’) is necessary in the public
                                              exported or to be exported from the                     of the Regulations, any other person,                 interest to prevent an imminent
                                              United States that is subject to the                    firm, corporation, or business                        violation of the EAR.
                                              Regulations, including, but not limited                 organization related to Bishop by
                                              to:                                                     ownership, control, position of                          1 The EAR are currently codified at 15 CFR parts
                                                 A. Applying for, obtaining, or using                 responsibility, affiliation, or other                 730–774 (2014). The EAR issued under the Export
                                              any license, License Exception, or                      connection in the conduct of trade or                 Administration Act of 1979, as amended (50 U.S.C.
                                              export control document;                                business may also be made subject to                  app. §§ 2401–2420 (2000)) (‘‘EAA’’). Since August
                                                                                                                                                            21, 2001, the Act has been in lapse and the
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                                                 B. Carrying on negotiations                          the provisions of this Order in order to              President, through Executive Order 13222 of August
                                              concerning, or ordering, buying,                        prevent evasion of this Order.                        17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
                                              receiving, using, selling, delivering,                     Fourth, in accordance with Part 756 of             has been extended by successive Presidential
                                              storing, disposing of, forwarding,                      the Regulations, Bishop may file an                   Notices, the most recent being that of August 7,
                                                                                                                                                            2014 (79 FR 46959 (Aug. 11, 2014)), has continued
                                              transporting, financing, or otherwise                   appeal of this Order with the Under                   the Regulations in effect under the International
                                              servicing in any way, any transaction                   Secretary of Commerce for Industry and                Emergency Economic Powers Act (50 U.S.C. 1701,
                                              involving any item exported or to be                    Security. The appeal must be filed                    et seq.) (2006 & Supp. IV 2010).



                                         VerDate Sep<11>2014   18:52 Apr 01, 2015   Jkt 235001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\02APN1.SGM   02APN1


                                                                             Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices                                            17727

                                              I. Procedural History and Background                    criminal or administrative charges                    and companies in the United States and
                                                 On September 30, 2014, I signed a                    demonstrate a likelihood of future                    abroad that they should cease dealing
                                              TDO denying for 180 days the export                     violations.’’ Id. As to the likelihood of             with the Respondents in export and re-
                                              privileges of X–TREME Motors LLC and                    future violations, BIS may show that                  export transactions involving items
                                              XTREME Outdoor Store (collectively,                     ‘‘the violation under investigation or                subject to the EAR or other activities
                                              ‘‘X–TREME’’). Tyson Preece, Corey                       charges is significant, deliberate, covert            prohibited by the TDO. Doing so is
                                              Justin Preece, and Toby Green were                      and/or likely to occur again, rather than             consistent with the public interest to
                                              added to the TDO as related persons in                  technical or negligent[.]’’ Id. A ‘‘lack of           preclude future violations of the EAR.
                                              accordance with Section 766.23 of the                   information establishing the precise                     It is therefore ordered:
                                                                                                      time a violation may occur does not                      First, that X–TREME MOTORS LLC,
                                              Regulations. The TDO was issued ex
                                                                                                      preclude a finding that a violation is                a/k/a XTREME MOTORS, 2496 South
                                              parte pursuant to Section 766.24(a), and
                                                                                                      imminent, so long as there is sufficient              1900 West, West Haven, Utah 84401;
                                              went into effect upon issuance on
                                                                                                      reason to believe the likelihood of a                 XTREME OUTDOOR STORE, a/k/a
                                              September 30, 2014. Copies of the TDO
                                                                                                      violation.’’ Id.                                      XTREME OUTDOORS, 2496 South 1900
                                              were sent to each party named in the
                                                                                                                                                            West, West Haven, Utah 84401; TYSON
                                              September 30, 2014 order in accordance                  B. Request for Renewal                                PREECE, 3930 West Old Highway Road,
                                              with Sections 766.5 and 766.24(d) of the
                                                                                                         OEE’s request for renewal is based                 Morgan, Utah 84050; COREY JUSTIN
                                              Regulations, and on October 7, 2014, the
                                                                                                      upon the facts underlying the issuance                PREECE, a/k/a COREY PREECE, a/k/a
                                              TDO was published in the Federal
                                                                                                      of the TDO and the evidence developed                 JUSTIN PREECE, 1245 South Morgan
                                              Register. 79 FR 60,445 (Oct. 7, 2014).
                                                 In support of the original TDO, OEE                  over the course of this investigation,                Valley Drive, Morgan, Utah 84050; and
                                              presented evidence that X–TREME                         including the evidence summarized in                  TOBY GREEN, 480 West 175 North,
                                              repeatedly exported items controlled for                Section I., supra. OEE’s on-going                     Morgan, Utah 84050; and when acting
                                              Crime Control reasons without the                       investigation of X–TREME, in                          for or on their behalf, any successors or
                                              required licenses to various                            conjunction with the United States                    assigns, agents, or employees (each a
                                              destinations, including Russia and                      Attorney’s Office for the District of                 ‘‘Denied Person’’ and collectively the
                                              China. In order to conceal the actual                   Utah, included the execution of a search              ‘‘Denied Persons’’) may not, directly or
                                              contents of the shipments the                           warrant at X–TREME’s place of business                indirectly, participate in any way in any
                                              Respondents intentionally mislabeled                    on September 29, 2014. Based on                       transaction involving any commodity,
                                              the contents on U.S. Customs                            evidence obtained via the search                      software or technology (hereinafter
                                              Declarations. Between September 1,                      warrant and since reviewed, OEE has                   collectively referred to as ‘‘item’’)
                                              2014, and the issuance of the TDO on                    determined that X–TREME’s unlawful                    exported or to be exported from the
                                              September 30, 2014, the United States                   export activities were more extensive                 United States that is subject to the
                                              Government detained approximately 20                    than known at the time the TDO issued,                Export Administration Regulations
                                              shipments containing rifle scopes to                    including that X–TREME engaged in at                  (‘‘EAR’’), or in any other activity subject
                                              destinations that required an export                    least 44 unlicensed exports over a 30-                to the EAR including, but not limited to:
                                              license.                                                day period prior to the issuance of the                  A. Applying for, obtaining, or using
                                                 The current TDO dated September 30,                  TDO. In addition to the unlicensed                    any license, License Exception, or
                                              2014, will expire on March 28, 2015,                    export of rifle scopes discussed above,               export control document;
                                              unless renewed on or before that date.                  OEE also identified unlicensed exports                   B. Carrying on negotiations
                                              On March 5, 2015, OEE submitted a                       of stun guns and Oleoresin Capsicum                   concerning, or ordering, buying,
                                              written request for renewal of the TDO                  spray, items also controlled for Crime                receiving, using, selling, delivering,
                                              as to each named party. Notice of the                   Control reasons.                                      storing, disposing of, forwarding,
                                              renewal request was provided in                            Moreover, despite the execution of the             transporting, financing, or otherwise
                                              accordance with Sections 766.5 and                      search warrant and the issuance of the                servicing in any way, any transaction
                                              766.24(d) of the Regulations. No                        TDO the following day, X–TREME                        involving any item exported or to be
                                              opposition to any aspect of the                         continued to engage in unlawful export                exported from the United States that is
                                              requested renewal has been received.2                   activities. On October 21, 2014 and                   subject to the EAR, or in any other
                                                                                                      October 28, 2014, respectively, X–                    activity subject to the EAR; or
                                              II. TDO Renewal                                         TREME exported or attempted to export                    C. Benefitting in any way from any
                                              A. Legal Standard                                       items subject to the Regulations to                   transaction involving any item exported
                                                                                                      Canada. While the October 28, 2014                    or to be exported from the United States
                                                 Pursuant to Section 766.24(b) of the                 shipment was stopped by the United                    that is subject to the EAR, or in any
                                              Regulations, BIS may issue or renew an                  States Postal Service, X–TREME was                    other activity subject to the EAR.
                                              order temporarily denying a                             successful in exporting the October 21,                  Second, that no person may, directly
                                              Respondent’s export privileges upon a                   2014 shipment. Both of these                          or indirectly, do any of the following:
                                              showing that the order is necessary in                  transactions plainly violated the TDO,                   A. Export or reexport to or on behalf
                                              the public interest to prevent an                       which prohibits X–TREME from                          of a Denied Person any item subject to
                                              ‘‘imminent violation’’ of the                           engaging in any export-related activities             the EAR;
                                              Regulations. 15 CFR 766.24(b)(1). ‘‘A                                                                            B. Take any action that facilitates the
                                                                                                      involving items subject to the EAR.
                                              violation may be ‘imminent’ either in                                                                         acquisition or attempted acquisition by
                                              time or degree of likelihood.’’ 15 CFR                  C. Findings                                           a Denied Person of the ownership,
                                              766.24(b)(3). BIS may show ‘‘either that                  I find that the evidence presented by               possession, or control of any item
                                              a violation is about to occur, or that the
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      OEE demonstrates that renewal of the                  subject to the EAR that has been or will
                                              general circumstances of the matter                     TDO is necessary to avoid an imminent                 be exported from the United States,
                                              under investigation or case under                       violation of the Regulations based upon               including financing or other support
                                                2 Neither Tyson Preece, Corey Justin Preece, nor
                                                                                                      X–TREME’s deliberate and covert                       activities related to a transaction
                                              Toby Green has at any time challenged his
                                                                                                      violations both pre- and post-issuance of             whereby a Denied Person acquires or
                                              respective inclusion as a related person to             the TDO. Accordingly, renewal of the                  attempts to acquire such ownership,
                                              X–TREME.                                                TDO is needed to give notice to persons               possession or control;


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                                              17728                          Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

                                                 C. Take any action to acquire from or                  This Order is effective immediately                 investigate and solve the problems that
                                              to facilitate the acquisition or attempted              and shall remain in effect for 180 days.              stem from marine debris through
                                              acquisition from a Denied Person of any                   Dated: March 27, 2015.                              research, prevention, and reduction
                                              item subject to the EAR that has been                   David W. Mills,
                                                                                                                                                            activities, in order to protect and
                                              exported from the United States;                                                                              conserve our nation’s marine
                                                 D. Obtain from a Denied Person in the                Assistant Secretary of Commerce for Export
                                                                                                      Enforcement.
                                                                                                                                                            environment and ensure navigation
                                              United States any item subject to the                                                                         safety.
                                                                                                      [FR Doc. 2015–07569 Filed 4–1–15; 8:45 am]
                                              EAR with knowledge or reason to know
                                                                                                      BILLING CODE CODE P                                      The Marine Debris Research,
                                              that the item will be, or is intended to
                                                                                                                                                            Prevention, and Reduction Act (33
                                              be, exported from the United States; or
                                                 E. Engage in any transaction to service                                                                    U.S.C. 1951 et seq.) as amended by the
                                              any item subject to the EAR that has                    DEPARTMENT OF COMMERCE                                Marine Debris Act Amendments of 2012
                                              been or will be exported from the                                                                             (Pub. L. 112–213, Title VI, Sec. 603, 126
                                                                                                      National Oceanic and Atmospheric                      Stat. 1576, December 20, 2012) outlines
                                              United States and which is owned,
                                                                                                      Administration                                        three central program components for
                                              possessed or controlled by a Denied
                                              Person, or service any item, of whatever                                                                      the MDP to undertake: (1) Mapping,
                                                                                                      Proposed Information Collection;                      identification, impact assessment,
                                              origin, that is owned, possessed or                     Comment Request; NOAA Marine
                                              controlled by a Denied Person if such                                                                         removal, and prevention; (2) reducing
                                                                                                      Debris Program Performance Progress                   and preventing fishing gear loss; and (3)
                                              service involves the use of any item                    Report
                                              subject to the EAR that has been or will                                                                      outreach to stakeholders and the general
                                              be exported from the United States. For                 AGENCY: National Oceanic and                          public. To address these components,
                                              purposes of this paragraph, servicing                   Atmospheric Administration (NOAA),                    the Marine Debris Act authorized the
                                              means installation, maintenance, repair,                Commerce.                                             MDP to establish several competitive
                                              modification or testing.                                                                                      grant programs on marine debris
                                                                                                      ACTION: Notice.
                                                 Third, that, after notice and                                                                              research, prevention and removal that
                                              opportunity for comment as provided in                  SUMMARY:    The Department of                         provide federal funding to non-federal
                                              section 766.23 of the EAR, any other                    Commerce, as part of its continuing                   applicants throughout the coastal
                                              person, firm, corporation, or business                  effort to reduce paperwork and                        United States and territories.
                                              organization related to a Denied Person                 respondent burden, invites the general                   The terms and conditions of the
                                              by affiliation, ownership, control, or                  public and other Federal agencies to                  financial assistance awarded through
                                              position of responsibility in the conduct               take this opportunity to comment on                   these grant programs require regular
                                              of trade or related services may also be                proposed and/or continuing information                progress reporting and communication
                                              made subject to the provisions of this                  collections, as required by the                       of project accomplishments to MDP.
                                              Order.                                                  Paperwork Reduction Act of 1995.                      Progress reports contain information
                                                 In accordance with the provisions of                 DATES: Written comments must be                       related to, among other things, the
                                              Section 766.24(e) of the EAR, X–TREME                   submitted on or before June 1, 2015.                  overall short and long-term goals of the
                                              Motors LLC and/or XTREME Outdoor                                                                              project, project methods and monitoring
                                                                                                      ADDRESSES: Direct all written comments
                                              Store may, at any time, appeal this                                                                           techniques, actual accomplishments
                                              Order by filing a full written statement                to Jennifer Jessup, Departmental
                                                                                                      Paperwork Clearance Officer,                          (such as tons of debris removed from an
                                              in support of the appeal with the Office                                                                      ecosystem, numbers of volunteers
                                              of the Administrative Law Judge, U.S.                   Department of Commerce, Room 6616,
                                                                                                      14th and Constitution Avenue NW.,                     participating in a cleanup project, etc.),
                                              Coast Guard ALJ Docketing Center, 40                                                                          status of approved activities, challenges
                                              South Gay Street, Baltimore, Maryland                   Washington, DC 20230 (or via the
                                                                                                      Internet at JJessup@doc.gov).                         or potential roadblocks to future
                                              21202–4022. In accordance with the                                                                            progress, and lessons learned. This
                                              provisions of Sections 766.23(c)(2) and                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            information collection enables MDP to
                                              766.24(e)(3) of the EAR, Tyson Preece,                  Requests for additional information or
                                                                                                                                                            monitor and evaluate the activities
                                              Corey Justin Preece and/or Toby Green                   copies of the information collection
                                                                                                                                                            supported by federal funds to ensure
                                              may, at any time, appeal their inclusion                instrument and instructions should be
                                                                                                                                                            accountability to the public and to
                                              as a related person by filing a full                    directed to Tom Barry at (301) 713–4248
                                                                                                                                                            ensure that funds are used consistent
                                              written statement in support of the                     x161 or tom.barry@noaa.gov.
                                                                                                                                                            with the purpose for which they were
                                              appeal with the Office of the                           SUPPLEMENTARY INFORMATION:                            appropriated. It also ensures that
                                              Administrative Law Judge, U.S. Coast                    I. Abstract                                           reported information is standardized in
                                              Guard ALJ Docketing Center, 40 South                                                                          such a way that allows for it to be
                                              Gay Street, Baltimore, Maryland 21202–                    This request is for a new information               meaningfully synthesized across a
                                              4022.                                                   collection.                                           diverse set of projects and project types.
                                                 In accordance with the provisions of                   The NOAA Marine Debris Program                      MDP uses the information collected in
                                              Section 766.24(d) of the EAR, BIS may                   (MDP) supports national and                           a variety of ways to communicate with
                                              seek renewal of this Order by filing a                  international efforts to research,                    federal and non-federal partners and
                                              written request not later than 20 days                  prevent, and reduce the impacts of                    stakeholders on individual project and
                                              before the expiration date. The                         marine debris. The MDP is a centralized               general program accomplishments.
                                              Respondents may oppose such a request                   office within NOAA that coordinates
                                              to renew this Order by filing a written                 and supports activities, both within the                 The MDP operates within the Office
                                                                                                                                                            of Response and Restoration as part of
tkelley on DSK3SPTVN1PROD with NOTICES




                                              submission with the Assistant Secretary                 bureau and with other federal agencies,
                                              for Export Enforcement, which must be                   that address marine debris and its                    NOAA’s National Ocean Service.
                                              received not later than seven days                      impacts. In addition to inter-agency                  II. Method of Collection
                                              before the expiration date of the Order.                coordination, the MDP uses
                                                 A copy of this Order shall be served                 partnerships with state and local                       Respondents to this collection may
                                              on the Respondents and shall be                         agencies, tribes, non-governmental                    choose to submit electronically or in
                                              published in the Federal Register.                      organizations, academia, and industry to              paper format.


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Document Created: 2018-02-21 10:03:31
Document Modified: 2018-02-21 10:03:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 17726 

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