Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Notices 5647

Federal Register (volume 68, number 

200) by the Department of State 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), Executive Order 

12047 of March 27, 1978, the Foreign 

Affairs Reform and Restructuring Act of 

1998 (112 Stat. 2681, et seq.; 22 U.S.C. 

6501 note, et seq.), Delegation of 

Authority No. 234 of October 1, 1999, 

and Delegation of Authority No. 236 of 

October 19, 1999, as amended, and 

Delegation of Authority No. 257 of April 

15, 2003 (68 FR 19875). The referenced 

notice is corrected to include an 

additional object in the exhibition 

‘‘Verrocchio’s David Restored: A 

Renaissance Bronze from the National 

Museum of Bargello, Florence,’’

imported from abroad for temporary 

exhibition within the United States, 

which I determine is of cultural 

significance. The additional object is 

imported pursuant to a loan agreement 

with the foreign owner. I also determine 

that the exhibition or display of the 

exhibit object at the National Gallery of 

Art, Washington, DC from on or about 

February 13, 2004, to on or about March 

21, 2004, and at possible additional 

venues yet to be determined, is in the 

national interest. Public notice of these 

Determinations is ordered to be 

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit object, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, Department of State 

(telephone: (202) 619–6981). The 

address is Department of State, SA–44, 

301 4th Street, SW., Room 700, 

Washington, DC 20547–0001.

Dated: January 30, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State.

[FR Doc. 04–2490 Filed 2–4–04; 8:45 am] 

BILLING CODE 4710–08–P

DEPARTMENT OF STATE

[Public Notice 4614] 

Office of Ocean Affairs; Protection of 

Sunken Warships, Military Aircraft and 

Other Sunken Government Property 

1. On January 19, 2001, the President 

stated United States policy on sunken 

government vessels, aircraft and 

spacecraft (‘‘State craft’’) of the United 

States and foreign nations. See Weekly 

Compilation of Presidential Documents, 

vol. 37, no. 3, pages 195–196. The 

President advised, inter alia, ‘‘[t]hose 

who would engage in unauthorized 

activities directed at sunken State craft 

* * * that disturbance or recovery of 

such craft should not occur without the 

express permission of the sovereign 

* * *.’’ (The full text is set out at the 

end of this notice.) 

2. The Governments of France, 

Germany, Japan, Russian Federation, 

Spain and the United Kingdom have 

advised the State Department of their 

policies, as follows: 

France: ‘‘In accordance with the 1982 

United Nations Convention on the Law 

of the Sea (among others art. 32 & 236) 

and Customary Law, every State craft 

(e.g. warship, naval auxiliary and other 

vessel, aircraft or spacecraft owned or 

operated by a State) enjoys sovereign 

immunities, regardless of its location 

and the period elapsed since it was 

reduced to wreckage (general principle 

of non limitation of rights of States). 

The primacy of the title of ownership 

is intangible and inalienable: no 

intrusive action may be taken regarding 

a French sunken State craft, without the 

express consent of the French Republic, 

unless it has been captured by another 

State prior to sinking. 

But this primacy does not forbid the 

State to freely renounce, whenever it 

wants to and in a formal way, to use 

some of its right on the wreck (except 

its ownership). 

These principles have been applied in 

the Agreement between the Government 

of the USA and the Government of the 

French Republic regarding the wreck of 

‘‘La Belle’’, signed at Washington, DC, 

March 31st, 2003, and the Agreement 

between the Government of the USA 

and the Government of the French 

Republic concerning the wreck of the 

CSS Alabama, signed at Paris, October 

4th, 1989. Source: Communication from 

the French Foreign Ministry, November 

28, 2003. 

Germany: ‘‘Under international law, 

warships and other vessels or aircraft 

owned or operated by a State and used 

only on government non-commercial 

service (‘‘State vessels and aircraft’’) 

continue to enjoy sovereign immunity 

after sinking, wherever they are located. 

The Federal Republic of Germany also 

retains ownership of any German State 

vessel or aircraft owned by it or the 

German Reich at the time of its sinking. 

Further, many sunken warships and 

aircraft are maritime graves, which have 

to be respected. No intrusive action may 

be taken in relation to German State 

vessels or aircraft without the express 

consent of the German Government.’’

Source: Communication from the 

German Foreign Ministry, October 30, 

2003. 

Japan: ‘‘According to international 

law, sunken State vessels, such as 

warships and vessels on government 

service, regardless of location or of the 

time elapsed remain the property of the 

State owning them at the time of their 

sinking unless it explicitly and formally 

relinquishes its ownership. Such 

sunken vessels should be respected as 

maritime graves. They should not be 

salvaged without the express consent of 

the Japanese Government.’’ Source: 

Communication from the Government of 

Japan, September 13, 2003. 

Russian Federation: ‘‘Under 

international law of the sea all the 

sunken warships and government 

aircraft remain the property of their flag 

State. The Government of the Russian 

Federation retains ownership of any 

Russian sunken warship, including the 

warships of the Russian Empire and the 

Soviet Union, regardless the time they 

sank. These craft are considered places 

of special governmental protection and 

cannot be salvaged without special 

permission of the Government of the 

Russian Federation.’’ Source: 

Communication from the Government of 

the Russian Federation, October 3, 2003. 

Spain: ‘‘The Embassy of Spain 

presents its compliments to the 

Department of State and has the honor 

to address the matter of Spanish laws 

and policy regarding the remains of 

sunken vessels that were lost while in 

the service of the Kingdom of Spain 

and/or were transporting property of the 

Kingdom of Spain. In accordance with 

Spanish and international law, Spain 

has not abandoned or otherwise 

relinquished its ownership or other 

interests with respect to such vessels 

and/or its contents, except by specific 

action pertaining to particular vessels or 

property taken by Royal Decree or Act 

of Parliament in accordance with 

Spanish law. Many such vessels also are 

the resting place of military and/or 

civilian casualties. 

‘‘The Embassy of Spain accordingly 

wishes to give notice that salvage or 

other disturbance of sunken vessels or 

their contents in which Spain has such 

interests is not authorized and may not 

be conducted without express consent 

by an authorized representative of the 

Kingdom of Spain.’’ Source: Embassy of 

Spain, Washington, DC, Note No. 128, 

December 19, 2002. 

United Kingdom: ‘‘Under 

international law, warships, naval 

auxiliaries, and other vessels or aircraft 

owned or operated by a State and used 

only on government non-commercial 

service (‘‘State vessels and aircraft’’) 

enjoy sovereign immunity. State vessels 

and aircraft continue to enjoy sovereign 

immunity after sinking, unless they 

were captured by another State prior to 

sinking or the flag State has expressly 

5648 Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Notices 

relinquished its rights. The flag State’s 

rights are not lost merely by the passage 

of time. Further, many sunken State 

vessels and aircraft are maritime graves, 

which should be respected. No intrusive 

action may be taken in relation to the 

United Kingdom’s sovereign immune 

State vessels or aircraft without the 

express consent of the United 

Kingdom.’’ Source: Communication 

from the UK Foreign and 

Commonwealth Office, July 4, 2003. 

3. Anyone believing to have located or 

wishing to salvage a sunken State craft 

are advised to contact the government 

office noted below:

France: Ministe`re des Affaires 

e ́trange`res, Direction des Affaires 

juridiques, Sous-direction du droit de la 

mer, des peˆches et de l’Antarctique, 

75351 Paris Cedex 7, France, Tel (011) 

33 1 43 17 53 25; fax (011) 33 1 43 17 

55 05. 

Germany: Auswa ̈rtiges Amt, Referat 

504, 11013 Berlin, Germany, Tel (011) 

49 1888 17 3832; fax (011) 49 1888 17 

53832; e-mail: _@diplo.de.

Japan: Embassy of Japan, 2520 

Massachusetts Avenue, NW., 

Washington, DC 20008, Tel (202) 238–

6700; fax (202) 328–2187. 

Russian Federation: Legal 

Department, Ministry of Foreign Affairs, 

Russian Federation, Moscow, Fax (011) 

7–095–241–11–66; e-mail: DP@mid.ru. 

Spain: Minister for Cultural Affairs, 

Embassy of Spain, 2375 Pennsylvania 

Avenue, NW., Washington, DC 20037, 

Tel (202) 728–2334; fax (202) 496–0328; 

e-mail: ocultura@erols.com.

United Kingdom: NP Sec (P + P) 2, 

Room 125 Victory Building, HMNB 

Portsmouth, England UK, PO1 3LS, Tel: 

(011) 44 23 92 720548 or 727326; fax: 

(011) 44 23 92 727304, e-mail: npsecmoduk@dial.pipex.com.

United States: Naval Historical Center 

(NHC), Office of the Underwater 

Archaeologist, 805 Kidder Breeze Street 

NE., Washington Navy Yard, DC 20374–

5060, Tel (202) 433–2210; fax (202) 433–

2729, http://www.history.navy.mil.

Any other nation not listed above:

Office of Ocean Affairs (OES/OA), U.S. 

Department of State, 2201 C. Street, 

NW., Washington, DC 20520, Tel (202) 

647–3880; fax (202) 647–9099. 

4. The Presidential Statement on 

United States Policy for the Protection 

of Sunken State Craft reads in full as 

follows: 

Thousands of United States 

government vessels, aircraft and 

spacecraft (‘‘State craft’’), as well as 

similar State craft of foreign nations, lie 

within, and in waters beyond, the 

territorial sea and contiguous zone. 

Because of recent advances in science 

and technology, many of these sunken 

government vessels, aircraft and 

spacecraft have become accessible to 

salvors, treasure hunters and others. The 

unauthorized disturbance or recovery of 

these sunken State craft and any 

remains of their crews and passengers, 

is a growing concern both within the 

United States and internationally. In 

addition to deserving treatment as 

gravesites, these sunken State craft may 

contain objects of a sensitive national 

security, archaeological or historical 

nature. They often also contain 

unexploded ordnance that could pose a 

danger to human health and the marine 

environment if disturbed, or other 

substances, including fuel oil and other 

hazardous liquids, that likewise pose a 

serious threat to human health and the 

marine environment if released. 

I believe that United States policy 

should be clearly stated to meet this 

growing concern. Pursuant to the 

property clause of Article IV of the 

Constitution, the United States retains 

title indefinitely to its sunken State craft 

unless title has been abandoned or 

transferred in the manner Congress 

authorized or directed. The United 

States recognizes the rule of 

international law that title to foreign 

sunken State craft may be transferred or 

abandoned only in accordance with the 

law of the foreign flag State. 

Further, the United States recognizes 

that title to a United States or foreign 

sunken State craft, wherever located, is 

not extinguished by passage of time, 

regardless of when such sunken State 

craft was lost at sea. 

International law encourages nations 

to preserve objects of maritime heritage 

wherever located for the benefit of the 

public. 

Those who would engage in 

unauthorized activities directed at 

sunken State craft are advised that such 

disturbance or recovery should not 

occur without the express permission of 

the sovereign, and should only be 

conducted in accordance with 

professional scientific standards and 

with the utmost respect for any human 

remains. 

The United States will use its 

authority to protect and preserve sunken 

State craft of the United States and other 

nations, whether located in the waters 

of the United States, a foreign nation, or 

in international waters. 

Public Papers of the Presidents: 

William J. Clinton, vol. III, page 2956, 

Jan. 19, 2001, available through http://

www.gpo.gov/nara/pubpaps/

srchpaps.html; Weekly Compilation of 

Presidential Documents, vol. 37, no. 3, 

pages 195–196, available through

http://www.access.gpo.gov/nara/

nara003.html.

5. The failure to mention other 

sunken Government property of any 

nation should not be construed as 

abandonment or waiver of that nation’s 

right.

Dated: January 12, 2004. 

Margaret F. Hayes, 

Director, OES/OA, Department of State.

[FR Doc. 04–2488 Filed 2–4–04; 8:45 am] 

BILLING CODE 4710–09–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Advisory Circular 20–147, Turbojet, 

Turboprop, and Turbofan Engine 

Induction System Icing and Ice 

Ingestion

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of issuance of advisory 

circular. 

SUMMARY: This notice announces the 

issuance of advisory circular (AC) 20–

147, Turbojet, Turboprop, and Turbofan 

Engine Induction System Icing and Ice 

Ingestion. This AC describes acceptable 

means, but not the only means, for 

demonstrating compliance with the 

applicable regulations, helping to 

reduce inconsistencies and eventual 

surprises to both engine manufacturers 

and engine installers, when installing a 

part 33 certified engine in a part 23 or 

25 aircraft. This AC is intended for 

engine manufacturers, modifiers, foreign 

regulatory authorities, FAA engine type 

certification engineers and their 

designees. This AC is neither mandatory 

nor regulatory in nature and does not 

constitute a regulation.

DATES: The Manager, Aircraft 

Engineering Division, issued AC 20–147 

on 2/02/04.

FOR FURTHER INFORMATION CONTACT: John 

Fisher, Engine and Propeller Standards 

Staff, ANE–110, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803; telephone: (781) 

238–7149; fax: (781) 238–7199; e-mail: 

john.fisher@faa.gov. The subject AC is 

available on the Internet at the following 

address: www.airweb.faa.gov/rgl.

SUPPLEMENTARY INFORMATION: The FAA 

published a notice in the Federal 

Register on January 24, 2000 (65 FR 

3752), and again on August 8, 2002 (67 

FR 54011) to announce the availability 

of the proposed AC and invite interested 

parties to comment.

(Authority: 49 U.S.C. 106(g), 40113, 44701–

44702, 44704.)