80 FR 47898 - In the Matter of: Peter Gromacki, 88 White Bridge Road, Middletown, NY 10940; Respondent; JEN Fibers, LLC, 88 White Bridge Road, Middletown, NY 109400; Performance Engineered Nonwovens, LLC, 88 White Bridge Road, Middletown, NY 10940; Related Persons

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 153 (August 10, 2015)

Page Range		47898-47899
FR Document		2015-19570
Federal Register, Volume 80 Issue 153 (Monday, August 10, 2015)
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47898-47899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19570]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Peter Gromacki, 88 White Bridge Road, 
Middletown, NY 10940; Respondent; JEN Fibers, LLC, 88 White Bridge 
Road, Middletown, NY 109400; Performance Engineered Nonwovens, LLC, 88 
White Bridge Road, Middletown, NY 10940; Related Persons

Order Denying Export Privileges

A. Denial of Export Privileges of Peter Gromacki

    On November 26, 2013, in the U.S. District Court for the Southern 
District of New York, Peter Gromacki (``Gromack''), was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, 
Gromacki unlawfully, willfully and knowingly exported, and caused to be 
exported from the United States T700 carbon fiber, an item subject to 
the Export Administration Regulations, to China without obtaining the 
required approval from BIS. Gromacki was sentenced to three months of 
imprisonment, three years of supervised release, a $300 assessment, and 
a $5,000.00 criminal fine.
    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 EAA, the EAR, 
of 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 ten (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.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2015). The Regulations 
are issued pursuant to the Export Administration Act of 1979 (50 
U.S.C. app. 2401-2420 (2000)) (``the EAA'' or ``the Act''). 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 August 7, 2014 (79 FR 46959 
(August 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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    BIS received notice of Gromacki's conviction for violating the 
IEEPA, and has provided notice and an opportunity for Gromacki to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS received a submission from Gromacki. Based upon my 
review and consideration of that submission, and consultations with 
BIS's Office of Export Enforcement, including its Director, and the 
facts available to BIS, I have decided to deny Gromacki's export 
privileges under the Regulations for a period of ten (10) years from 
the date of Gromacki's conviction. I have also decided to revoke all 
licenses issued pursuant to the Act or Regulations in which Gromacki 
had an interest at the time of his conviction.

B. Denial of Export Privileges of Related Persons JEN Fibers LLC and 
Performance Engineered Nonwovens, LLC

    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, in order to 
prevent evasion of a denial order, make a denial order applicable not 
only to the respondent, but also to other persons related to the 
respondent by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business.
    As provided in Section 766.23 of the Regulations, BIS gave notice 
to JEN Fibers, LLC (``JEN Fibers'') and Performance Engineered 
Nowovens, LLC (``Performance Engineered'') that its export privileges 
under the Regulations could be denied for up to ten (10) years due to 
its relationship with Gromacki and that BIS believed that naming JEN 
Fibers and Performance Engineered as persons related to Gromacki would 
be necessary to prevent evasion of a denial order imposed against 
Gromacki. In providing such notice, BIS gave JEN Fibers and Performance 
Engineered an opportunity to oppose their addition to the Gromacki 
Denial Order as related parties.
    Having received and reviewed a submission from Gromacki, I have 
decided, following consideration of that submission and consultations 
with BIS's Office of Export Enforcement, including its Director, to 
include name JEN Fibers and Performance Engineered as Related Persons 
and make this Denial Order applicable to JEN Fibers and Performance 
Engineered, thereby denying their export privileges for ten (10) years 
from the date of Gromacki's conviction. I have also decided to revoke 
all licenses issued pursuant to the Act or Regulations in which JEN 
Fibers and Performance Engineered had an interest at the time of 
Gromacki's conviction. The 10-year denial period is scheduled to end on 
November 26, 2023.
    Gromacki is the owner of JEN Fibers and Performance Engineered and 
operates both businesses from his home. Therefore, JEN Fibers and 
Performance Engineered are related to Gromacki within the meaning of 
Section 766.23. BIS also has reason to believe that JEN Fibers and 
Performance Engineered should be added as a related persons in order to 
prevent evasion of this Denial Order.

[[Page 47899]]

    Accordingly, it is hereby ORDERED:
    First, from the date of this Order until November 26, 2023, Peter 
Gromacki, with a last known address of 88 White Bridge Road, 
Middletown, NY 10940, and when acting for or on his behalf, his 
successors, assigns, employees, agents, or representatives, and JEN 
Fibers LLC and Performance Engineered Nonwovens, LLC, with a last known 
address of 88 White Bridge Road, Middletown, NY 10940, and when acting 
for or on their behalf, their successors, assigns, directors, officers, 
employees, agents, or representatives (each as ``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 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.
    Second, 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 Regulations;
    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 Regulations 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;
    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 Regulations that has been exported from the United States;
    D. Obtain from a 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 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 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, 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 individual, firm, corporation, or other 
association or organization or other person related to a 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 if necessary to prevent evasion 
of this Order.
    Fourth, in accordance with Part 756 and Section 766.25(g) of the 
Regulations, Gromacki may file an appeal of the issuance of this Order 
against him 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, in accordance with Part 756 and Section 766.23(c) of the 
Regulations, JEN Fibers and Performance Engineered may file an appeal 
of their naming as related persons in this Order with the Under 
Secretary of Commerce for Industry and Security. This 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.
    Sixth, a copy of this Order shall be provided to Gromacki, JEN 
Fibers and Performance Engineered and shall be published in the Federal 
Register.
    Seventh, this Order is effective immediately and shall remain in 
effect until November 26, 2023.

    Issued this 23 day of July, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-19570 Filed 8-7-15; 8:45 am]
 BILLING CODE P
47898 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

Miami. The proposed new site is Regulations, to China without obtaining Regulations in which Gromacki had an
adjacent to the Miami Customs and the required approval from BIS. interest at the time of his conviction.
Border Protection port of entry. Gromacki was sentenced to three
B. Denial of Export Privileges of Related
In accordance with the Board’s months of imprisonment, three years of
Persons JEN Fibers LLC and
regulations, Camille Evans of the FTZ supervised release, a $300 assessment, Performance Engineered Nonwovens,
Staff is designated examiner to evaluate and a $5,000.00 criminal fine. LLC
and analyze the facts and information Section 766.25 of the Export
presented in the application and case Administration Regulations (‘‘EAR’’ or Pursuant to Sections 766.25(h) and
record and to report findings and ‘‘Regulations’’) 1 provides, in pertinent 766.23 of the Regulations, the Director
recommendations to the Board. part, that ‘‘[t]he Director of the Office of of BIS’s Office of Exporter Services, in
Public comment is invited from Exporter Services, in consultation with consultation with the Director of BIS’s
interested parties. Submissions shall be the Director of the Office of Export Office of Export Enforcement, may, in
addressed to the Board’s Executive Enforcement, may deny the export order to prevent evasion of a denial
Secretary at the address below. The privileges of any person who has been order, make a denial order applicable
closing period for their receipt is convicted of a violation of the EAA, the not only to the respondent, but also to
October 9, 2015. Rebuttal comments in EAR, of any order, license or other persons related to the respondent
response to material submitted during authorization issued thereunder; any by ownership, control, position of
the foregoing period may be submitted regulation, license, or order issued responsibility, affiliation, or other
during the subsequent 15-day period to under the International Emergency connection in the conduct of trade or
October 26, 2015. Economic Powers Act (50 U.S.C. 1701– business.
A copy of the application will be 1706); 18 U.S.C. 793, 794 or 798; section As provided in Section 766.23 of the
available for public inspection at the 4(b) of the Internal Security Act of 1950 Regulations, BIS gave notice to JEN
Office of the Executive Secretary, (50 U.S.C. 783(b)), or section 38 of the Fibers, LLC (‘‘JEN Fibers’’) and
Foreign-Trade Zones Board, Room Arms Export Control Act (22 U.S.C. Performance Engineered Nowovens,
21013, U.S. Department of Commerce, 2778).’’ 15 CFR 766.25(a); see also LLC (‘‘Performance Engineered’’) that its
1401 Constitution Avenue NW., Section 11(h) of the EAA, 50 U.S.C. app. export privileges under the Regulations
Washington, DC 20230–0002, and in the 2410(h). The denial of export privileges could be denied for up to ten (10) years
‘‘Reading Room’’ section of the Board’s under this provision may be for a period due to its relationship with Gromacki
Web site, which is accessible via of up to ten (10) years from the date of and that BIS believed that naming JEN
www.trade.gov/ftz. For further Fibers and Performance Engineered as
the conviction. 15 CFR 766.25(d); see
information, contact Camille Evans at persons related to Gromacki would be
also 50 U.S.C. app. 2410(h). In addition,
Camille.Evans@trade.gov or (202) 482– necessary to prevent evasion of a denial
Section 750.8 of the Regulations states
2350. order imposed against Gromacki. In
that the Bureau of Industry and
providing such notice, BIS gave JEN
Dated: August 4, 2015. Security’s Office of Exporter Services
Fibers and Performance Engineered an
Elizabeth Whiteman, may revoke any Bureau of Industry and
opportunity to oppose their addition to
Acting Executive Secretary. Security (‘‘BIS’’) licenses previously
the Gromacki Denial Order as related
issued in which the person had an
[FR Doc. 2015–19607 Filed 8–7–15; 8:45 am] parties.
interest in at the time of his conviction. Having received and reviewed a
BILLING CODE 3510–DS–P
BIS received notice of Gromacki’s submission from Gromacki, I have
conviction for violating the IEEPA, and decided, following consideration of that
DEPARTMENT OF COMMERCE has provided notice and an opportunity submission and consultations with BIS’s
for Gromacki to make a written Office of Export Enforcement, including
Bureau of Industry and Security submission to BIS, as provided in its Director, to include name JEN Fibers
Section 766.25 of the Regulations. BIS and Performance Engineered as Related
In the Matter of: Peter Gromacki, 88 received a submission from Gromacki. Persons and make this Denial Order
White Bridge Road, Middletown, NY Based upon my review and applicable to JEN Fibers and
10940; Respondent; JEN Fibers, LLC, consideration of that submission, and Performance Engineered, thereby
88 White Bridge Road, Middletown, NY consultations with BIS’s Office of denying their export privileges for ten
109400; Performance Engineered Export Enforcement, including its (10) years from the date of Gromacki’s
Nonwovens, LLC, 88 White Bridge Director, and the facts available to BIS, conviction. I have also decided to
Road, Middletown, NY 10940; Related I have decided to deny Gromacki’s revoke all licenses issued pursuant to
Persons export privileges under the Regulations the Act or Regulations in which JEN
for a period of ten (10) years from the Fibers and Performance Engineered had
Order Denying Export Privileges
date of Gromacki’s conviction. I have an interest at the time of Gromacki’s
A. Denial of Export Privileges of Peter also decided to revoke all licenses conviction. The 10-year denial period is
Gromacki issued pursuant to the Act or scheduled to end on November 26,
On November 26, 2013, in the U.S. 1 The Regulations are currently codified in the
2023.
District Court for the Southern District Code of Federal Regulations at 15 CFR parts 730–
Gromacki is the owner of JEN Fibers
of New York, Peter Gromacki 774 (2015). The Regulations are issued pursuant to and Performance Engineered and
(‘‘Gromack’’), was convicted of violating the Export Administration Act of 1979 (50 U.S.C. operates both businesses from his home.
the International Emergency Economic app. 2401–2420 (2000)) (‘‘the EAA’’ or ‘‘the Act’’). Therefore, JEN Fibers and Performance
Since August 21, 2001, the EAA has been in lapse
tkelley on DSK3SPTVN1PROD with NOTICES

Powers Act (50 U.S.C. 1701, et seq. and the President, through Executive Order 13222
Engineered are related to Gromacki
(2006 & Supp. IV 2010)) (‘‘IEEPA’’). of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), within the meaning of Section 766.23.
Specifically, Gromacki unlawfully, which has been extended by successive Presidential BIS also has reason to believe that JEN
willfully and knowingly exported, and Notices, the most recent being that of August 7, Fibers and Performance Engineered
2014 (79 FR 46959 (August 11, 2014)), has
caused to be exported from the United continued the Regulations in effect under the
should be added as a related persons in
States T700 carbon fiber, an item subject International Emergency Economic Powers Act (50 order to prevent evasion of this Denial
to the Export Administration U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). Order.

VerDate Sep<11>2014 18:16 Aug 07, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1
Document Created: 2015-12-15 12:12:48
Document Modified: 2015-12-15 12:12:48
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 47898
80 FR 47898 - In the Matter of: Peter Gromacki, 88 White Bridge Road, Middletown, NY 10940; Respondent; JEN Fibers, LLC, 88 White Bridge Road, Middletown, NY 109400; Performance Engineered Nonwovens, LLC, 88 White Bridge Road, Middletown, NY 10940; Related Persons

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 153 (August 10, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
