37384 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Notices 

32 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 See Securities Exchange Act Release No. 72225 

(May 22, 2013), 79 FR 30917. 

4 17 CFR 200.30–3(a)(31). 

10:00 a.m. and 3:00 p.m. Copies of such 

filing also will be available for 

inspection and copying at the principal 

offices of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR– 

NYSEMKT–2014–52, and should be 

submitted on or before July 22, 2014. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.32

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–15354 Filed 6–30–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–72473; File No. SR–Phlx– 

2014–34] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Withdrawal of Proposed Rule Change 

To Delete the PHOTO Historical Data 

Product From Section IX of the 

Exchange’s Options Fee Schedule 

June 25, 2014. 

On May 9, 2014, NASDAQ OMX 

PHLX LLC (the ‘‘Exchange’’ or ‘‘Phlx’’) 

filed with the Securities and Exchange 

Commission (the ‘‘Commission’’), 

pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a 

proposed rule change to delete the 

PHOTO Historical data product from 

Section IX of the Exchange’s Options 

Fee Schedule. The proposed rule change 

was published for comment in the 

Federal Register on May 29, 2014.3 The 

Commission has not received any 

comment letters on the proposal. On 

June 24, 2014, the Exchange withdrew 

the proposed rule change (SR–Phlx– 

2014–34). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.4

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–15328 Filed 6–30–14; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #13950 and #13951] 

Indiana Disaster Number IN–00054 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 2. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Indiana (FEMA–4173–DR), 

dated 04/22/2014. 

Incident: Severe winter storm and 

snowstorm. 

Incident Period: 01/05/2014 through 

01/09/2014. 

Effective Date: 06/23/2014. 

Physical Loan Application Deadline 

Date: 06/23/2014. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 01/22/2015. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration,Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of INDIANA, 

dated 04/22/2014, is hereby amended to 

include the following areas as adversely 

affected by the disaster. 

Primary Counties: Allen 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Joseph P. Loddo, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2014–15345 Filed 6–30–14; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 8785] 

Bureau of Political-Military Affairs; 

Administrative Debarment of Carlos 

Dominguez, Elint, S.A., Spain Night 

Vision, S.A., and SNV, S.A. Under the 

Arms Export Control Act and the 

International Traffic in Arms 

Regulations; Correction 

ACTION: Notice; Correction. 

SUMMARY: The Department of State 

published a Federal Register document 

on June 19, 2014, concerning the 

administrative debarment pursuant to 

Section 127.7(a) of the International 

Traffic in Arms Regulations (ITAR) (22 

CFR parts 120 to 130) of Carlos 

Dominguez (individually and in his 

capacity as principal of the following 

entities); Elint, S.A.; Spain Night Vision, 

S.A.; and SNV, S.A. (including 

successors, assignees, and aliases). The 

document contained an incorrect period 

of debarment. This document corrects 

document 2014–14152 by changing the 

period of debarment and the date after 

which the Department will consider 

reinstatement from June 4, 2014, to June 

4, 2017. 

DATES: Effective Date: June 4, 2014 (Date 

of signature of the Order) 

FOR FURTHER INFORMATION CONTACT: Sue 

Gainor, Director, Office of Defense 

Trade Controls Compliance, Bureau of 

Political-Military Affairs, Department of 

State (202) 632–2798. 

Correction 

In the Federal Register of June 19, 

2014, in FR Doc. 2014–14152, on page 

35211, in the second column, correct 

lines 22 through 24 to read: ‘‘for a 

period of three years, until June 4, 2017; 

reinstatement after June 4, 2017, is not 

automatic.’’ For clarity, the complete 

text including corrections is hereby 

reproduced in full, below. 

The International Traffic in Arms 

Regulations (‘‘ITAR’’), the implementing 

regulations of Section 38 of the Arms 

Export Control Act, as amended, 

(‘‘AECA’’) (22 U.S.C. 2778), regulate the 

export and temporary import of defense 

articles and defense services. Section 

127.7(a) of the ITAR authorizes the 

Assistant Secretary of State for PoliticalMilitary Affairs to debar any person 

who has been found, pursuant to Part 

128 of the ITAR, to have committed a 

violation of the AECA or the ITAR of 

such a character as to provide a 

reasonable basis for the Directorate of 

Defense Trade Controls to believe that 

the violator cannot be relied upon to 

comply with the AECA or ITAR in the 

future. Such debarment prohibits the 

subject from participating directly or 

indirectly in any activities that are 

subject to the ITAR. 

Debarred persons are generally 

ineligible to participate in activity 

regulated under the ITAR (see e.g., 

sections 120.1(c) and (d), 126.7, 

127.1(d), and 127.11(a)). The 

Department of State applies a 

presumption of denial for licenses or 

other approvals involving such persons 

as described in ITAR Section 127.11. 

Pursuant to Section 38 of the AECA 

and Section 128.3 of the ITAR, on 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Notices 37385 

February 14, 2014, the Department of 

State initiated administrative 

proceedings, by means of a charging 

letter, against Carlos Dominguez 

(individually and in his capacity as 

principal of the following entities); 

Elint, S.A.; Spain Night Vision, S.A.; 

and SNV, S.A. (including successors, 

assignees, and aliases) (Respondents) to 

impose debarment in accordance with 

Section 127.7 of the ITAR. (The United 

States Department of State, Docket #14– 

DOS–0001). Respondents were charged 

with 366 violations related to the 

unauthorized re-export and retransfer of 

night vision devices and related 

technical data, conspiracy to and 

causing of the re-export and retransfer of 

defense articles without authorization, 

the violation of terms and conditions of 

Department authorizations, the 

continued engagement in U.S. defense 

trade despite ineligibility, the knowing 

and willful causation and the 

commission of prohibited acts, and the 

falsification, misrepresentation and 

omission of material facts on an export 

control document, all in violation of 

Section 38 of the AECA and Section 127 

of the ITAR. 

Since at least 2008, Respondents have 

re-exported and retransferred hundreds 

of night vision devices in violation of 

Department authorizations and falsified 

export control documents. After 

multiple unfavorable responses to ‘Blue 

Lantern’ end-use inquiries and 

subsequent compliance reviews, DTCC 

notified Respondents Dominguez and 

Elint in September 2009 that they were 

ineligible to engage in defense trade. 

Shortly thereafter, Dominguez and Elint 

changed or established new business 

names and engaged third-party 

purchasers in order to conceal their 

activities and evade detection. Further 

re-exports and retransfers of previously 

exported defense articles continued 

under these new business names, in 

violation of the AECA and ITAR. 

Due to Respondents’ failure to answer 

the charges as provided in Section 

128.5(a) of the ITAR, the Department 

referred the case to an Administrative 

Law Judge for consideration, in 

accordance with Section 128.4 of the 

ITAR. Pursuant to Section 128.3 of the 

ITAR and the Default Order of the 

Administrative Law Judge, dated April 

23, 2014, Respondents’ failure to answer 

the charges constituted an admission of 

the truth of the charges. 

Section 128.4 of the ITAR provides for 

a respondent’s ability to petition to set 

aside defaults upon showing good 

cause; however, the filing of such a 

petition does not in any manner affect 

an order entered upon default and such 

order continues in full force and effect 

unless a further order is made 

modifying or terminating it. 

On June 4, 2014, as the result of the 

established violations and pursuant to 

Section 127.7 of the ITAR, Carlos 

Dominguez (individually and in his 

capacity as principal of the following 

entities); Elint, S.A.; Spain Night Vision, 

S.A.; and SNV, S.A. (including 

successors, assignees, and aliases) were 

administratively debarred by the 

Assistant Secretary of State for PoliticalMilitary Affairs for a period of three 

years, until June 4, 2017; reinstatement 

after June 4, 2017, is not automatic. At 

the end of the debarment period, 

Respondents may apply for 

reinstatement. Until licensing privileges 

are reinstated, Carlos Dominguez 

(individually and in his capacity as 

principal of the following entities); 

Elint, S.A.; Spain Night Vision, S.A.; 

and SNV, S.A. (including successors, 

assignees, and aliases) will remain 

debarred. No civil penalties have been 

imposed at this time. 

This notice is provided to make the 

public aware that the persons listed 

above are prohibited from participating 

directly or indirectly in any brokering 

activities and in any export from or 

temporary import into the United States 

of defense articles, related technical 

data, or defense services in all situations 

covered by the ITAR. 

Further, pursuant to Section 120.1(d) 

of the ITAR, persons with knowledge 

that another person is ineligible must 

obtain authorization from the 

Directorate of Defense Trade Controls 

prior to, directly or indirectly and in 

any manner or capacity, applying for, 

obtaining, or using any export control 

document for such ineligible person, or 

ordering, buying, receiving, using, 

selling, delivering, storing, disposing of, 

forwarding, transporting, financing, or 

otherwise servicing or participating in 

any manner in any transaction that may 

involve any defense article, which 

includes technical data, defense 

services, or brokering activities, where 

such ineligible person may obtain any 

benefit therefrom or have any direct or 

indirect interest therein. 

Exceptions may be made to this 

denial policy on a case-by-case basis at 

the discretion of the Directorate of 

Defense Trade Controls. However, such 

an exception would be granted only 

after a full review of all circumstances, 

paying particular attention to the 

following factors: whether an exception 

is warranted by overriding U.S. foreign 

policy or national security interests; 

whether an exception would further law 

enforcement concerns that are 

consistent with foreign policy or 

national security interests of the United 

States; or whether other compelling 

circumstances exist that are consistent 

with the foreign policy or national 

security interests of the United States, 

and law enforcement concerns. 

This notice involves a foreign affairs 

function of the United States 

encompassed within the meaning of the 

military and foreign affairs exclusion of 

the Administrative Procedures Act. 

Because the exercise of this foreign 

affairs function is highly discretionary, 

it is excluded from review under the 

Administrative Procedures Act. 

Dated: June 23, 2014. 

Kenneth B. Handelman, 

Deputy Assistant Secretary for Defense Trade 

Controls, Bureau of Political-Military Affairs, 

Department of State. 

[FR Doc. 2014–15398 Filed 6–30–14; 8:45 am] 

BILLING CODE 4710–25–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

Projects Approved for Consumptive 

Uses of Water 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice. 

SUMMARY: This notice lists the projects 

approved by rule by the Susquehanna 

River Basin Commission during the 

period set forth in DATES. 

DATES: February 1 through February 28, 

2014. 

ADDRESSES: Susquehanna River Basin 

Commission, 4423 North Front Street, 

Harrisburg, PA 17110–1788. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 

telephone: (717) 238–0423, ext. 1306; 

fax: (717) 238–2436; email: rcairo@

srbc.net. Regular mail inquiries may be 

sent to the above address. 

SUPPLEMENTARY INFORMATION: This 

notice lists the projects, described 

below, receiving approval for the 

consumptive use of water pursuant to 

the Commission’s approval by rule 

process set forth in 18 CFR 806.22(f) for 

the time period specified above. 

Approvals by Rule Issued Under 18 

CFR 806.22(f) 

1. Seneca Resources, Pad ID: Rich 

Valley Pad G, ABR–201402001, Shippen 

Township, Cameron County, Pa.; 

Consumptive Use of Up to 4.000 mgd; 

Approval Date: February 3, 2014. 

2. Seneca Resources, Pad ID: Rich 

Valley Pad F, ABR–201402002, Shippen 

Township, Cameron County, Pa.; 

Consumptive Use of Up to 4.000 mgd; 

Approval Date: February 3, 2014. 


emcdonald on DSK67QTVN1PROD with NOTICES