104 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

been statutorily debarred pursuant to

§ 127.7(c) of the International Traffic in

Arms Regulations (ITAR) (22 CFR Parts

120–130).

EFFECTIVE DATE: October 16, 1996.

FOR FURTHER INFORMATION CONTACT:

Philip S. Rhoads, Chief, Compliance

Enforcement Branch, Office of Defense

Trade Controls, Department of State

(703–875–6644, Ext. 3).

SUPPLEMENTARY INFORMATION: Section

38(g)(4)(A) of the Arms Export Control

Act (AECA), 22 U.S.C. 2778, prohibits

licenses or other approvals for the

export of defense articles and defense

services to be issued to a person, or any

party to the export, who has been

convicted of violating certain U.S.

criminal statutes, including the AECA.

The term ‘‘person,’’ as defined in 22

CFR 120.14 of the International Traffic

in Arms Regulations (ITAR), means a

natural person as well as a corporation,

business association, partnership,

society, trust, or any other entity,

organization or group, including

governmental entities. The ITAR,

specifically § 126.7(e), defines the term

‘‘party to the export’’ to include the

president, the chief executive officer,

and other senior officers and officials of

the license applicant; the freight

forwarders or designated exporting

agent of the license applicant; and any

consignee or end-user of any item to be

exported. The statute permits certain

limited exceptions to this prohibition to

be made on a case-by-case basis. 22

U.S.C. 2778(g)(4).

The ITAR, Section 127.7, authorizes

the Assistant Secretary of State for

Political-Military Affairs to prohibit

certain persons convicted of volating, or

conspiring to violate, the AECA, from

participating directly or indirectly in the

export of defense articles or in the

furnishing of defense services for which

a license or approval is required. Such

a prohibition is referred to as a

‘‘statutory debarment,’’ which may be

imposed on the basis of judicial

proceedings that resulted in a

conviction for violating, or of conspiring

to violate, the AECA. See 22 CFR

127.7(c). The period for debarment will

normally be three years from the date of

conviction. At the end of the debarment

period, licensing privileges may be

reinstated at the request of the debarred

person following the necessary

interagency consultations, after a

thorough review of the circumstances

surrounding the conviction, and a

finding that appropriate steps have been

taken to mitigate any law enforcement

concerns, as required by the AECA, 22

U.S.C. 2778(g)(4).

Statutory debarment is based solely

upon a conviction in a criminal

proceeding, conducted by a United

States court. Thus, the administrative

debarment procedures, as outlined in

the ITAR, 22 CFR part 128, are not

applicable in such cases.

The Department of State will not

consider applications for licenses or

requests for approvals that involve any

person or any party to the export who

has been convicted of violating, or of

conspiring to violate, the AECA during

the period of statutory debarment.

Persons who have been statutorily

debarred may appeal to the Under

Secretary for International Security

Affairs for reconsideration of the

ineligibility determination. A request for

reconsideration must be submitted in

writing within 30 days after a person

has been informed of the adverse

decision. 22 CFR 127.7(d).

The Department of State policy

permits debarred persons to apply for

reinstatement of export privileges one

year after the date of the debarment, in

accordance with the AECA, 22 U.S.C

2778(g)(4)(A), and the ITAR, Section

127.7. A reinstatement request is made

to the Director of the Office of Defense

Trade Controls. Any decision to

reinstate export privileges can be made

only after the statutory requirements

under Section 38(g)(4) of the AECA have

been satisfied through a process

administered by the Office of Defense

Trade Controls. If reinstatement is

granted, the debarment will be

suspended.

Pursuant to the AECA, 22 U.S.C.

2778(g)(4)(A), and the ITAR, 22 CFR

127.7, the Assistant Secretary for

Political-Military Affairs has statutorily

debarred Electrodyne Systems

Corporation, who has been convicted of

conspiring to violate or violating the

AECA. On October 16, 1996,

Electrodyne Systems Corporation pled

guilty to one count of violating section

38 of the AECA.

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 Procedure Act.

Because the exercise of this foreign

affairs function is discretionary, it is

excluded from review under the

Administrative Procedure Act.

Dated: October 16, 1996.

Thomas E. McNamara,

Assistant Secretary, Bureau of PoliticalMilitary Affairs, Department of State.

[FR Doc. 97–7561 Filed 3–25–97; 8:45 am]

BILLING CODE 4710–25–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

[CGD 97–021]

National Boating Safety Advisory

Council

AGENCY: Coast Guard, DOT.

ACTION: Notice of meetings.

SUMMARY: The National Boating Safety

Advisory Council (NBSAC) and its

subcommittees on boat occupant

protection, ‘‘Prevention Through

People,’’ navigation lights, life saving

index and boating accident reporting

will meet to discuss various issues

relating to recreational boating safety.

All meetings will be open to the public.

DATES: The meeting of NBSAC will be

held on Monday and Tuesday, April 28

and 29, 1997, from 8:30 a.m. to 5 p.m.

Meetings of the Boat Occupant

Protection, Prevention Through People,

and Boating Accident Reporting

Subcommittees will be held on

Saturday, April 26, 1997, from 1:30 p.m.

to 5 p.m. Meetings of the Navigation

Light and Life Saving Index

Subcommittees will be held on Sunday,

April 27, 1997, from 9 a.m. to 12 noon.

Written material and requests to make

oral presentations should reach the

Coast Guard on or before April 12, 1997.

ADDRESSES: The meeting of NBSAC will

be held at the Radisson Hotel Memphis,

185 Union Avenue, Memphis,

Tennessee. The meetings of the

subcommittees will be held at the same

address. Written material and requests

to make oral presentations should be

sent to Mr. Albert J. Marmo,

Commandant (G–OPB–1), U.S. Coast

Guard Headquarters, 2100 Second Street

SW, Washington, DC 20593–0001.

FOR FURTHER INFORMATION CONTACT:

Mr. Albert J. Marmo, Executive Director

of NBSAC, telephone (202) 267–0950,

fax (202) 267–4285.

SUPPLEMENTARY INFORMATION: Notice of

these meetings is given under the

Federal Advisory Committee Act, 5

U.S.C. App. 2.

Agendas of Meetings

National Boating Safety Advisory

Council (NBSAC). The agenda includes

the following:

(1) Executive Director’s report.

(2) Chairman’s session.

(3) Boat Occupant Protection

Subcommittee report.

(4) Prevention Through People

Subcommittee report.

(5) Navigation Light Subcommittee

report.

(6) Life Saving Index Subcommittee

report.
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices 105

(7) Boating Accident Reporting

Subcommittee report.

(8) Recreational Boating Safety

Program report.

(9) National Association of State

Boating Law Administrators report.

(10) Discussion of mandatory personal

flotation device wearing requirements

request for comments.

(11) Discussion of mandatory boating

safety education request for comments.

(12) Discussion of waterways

management issues.

(13) Discussion of life rafts and

emergency position indicator beacons.

(14) Presentation on the Global

Maritime Distress and Safety System

and National Distress System

modernization projects.

(15) Discussion on personal watercraft

issues.

(16) Report and discussion of

nonprofit grants.

(17) Discussion of regulations review.

Boat Occupant Protection

Subcommittee. The agenda includes the

following:

(1) Review actions to date related to

progress on the Propeller Injury

Prevention Initiative with discussion by

the subcommittee.

(2) Review of boat occupant

protection research completed and

planned.

(3) Discuss risk avoidance

alternatives.

Prevention Through People

Subcommittee. The agenda includes the

following:

(1) Continue development of a

Prevention Through People action plan

for integration into boating safety

education, awareness and promotional

activities.

Navigation Light Subcommittee. The

agenda includes the following:

(1) Review and discuss issues and

data concerning the proper display and

installation of navigation lights.

(2) Review aspects of display and

installation of navigation lights that

need to be addressed through safety

program intervention and recommend

courses of corrective actions.

Life Saving Index Subcommittee. The

agenda includes the following:

(1) Assist in developing an action

plan for establishment of a Life Saving

Index standard.

(2) Review personal flotation device

(PFD) impact protection issues and

recommend a course of action.

(3) Establish a definition for ‘‘high

speed’’ activity.

(4) Discuss other PFD issues.

Boating Accident Reporting

Subcommittee. The agenda includes the

following:

(1) Review Coast Guard efforts and

plans to attack under-reporting of

recreational boating accidents.

(2) Provide input for a Coast Guard

report to Congress on ways of increasing

boating accident reporting.

Procedural

All meetings are open to the public.

At the Chairpersons’ discretion,

members of the public may make oral

presentations during the meetings.

Persons wishing to make oral

presentations at the meetings should

notify the Executive Director no later

than April 12, 1997. Written material for

distribution at a meeting should reach

the Coast Guard no later than April 19,

1997. If a person submitting material

would like a copy distributed to each

member of the committee or

subcommittee in advance of a meeting,

that person should submit 25 copies to

the Executive Director no later than

April 12, 1997.

Information on Services for Individuals

With Disabilities

For information on facilities or

services for individuals with disabilities

or to request special assistance at the

meetings, contact the Executive Director

as soon as possible.

Dated: March 20, 1997.

Thomas J. Meyers,

Captain, U.S. Coast Guard, Acting Director

of Operations Policy.

[FR Doc. 97–7622 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–14–M

[CGD 97–016]

National Preparedness for Response

Exercise Program (PREP)

AGENCY: Coast Guard, DOT.

ACTION: Notice of a public workshop and

the exercise schedule for calendar years

1997, 1998, and 1999; requests for

comments.

SUMMARY: The Coast Guard, the

Environmental Protection Agency

(EPA), the Research and Special

Programs Administration (RSPA) and

the Minerals Management Service

(MMS), in concert with the states, the

oil industry and concerned citizens,

developed the Preparedness for

Response Exercise Program (PREP). This

notice announces the next PREP

workshop and the next triennial PREP

schedule. The schedule covers calendar

years 1997, 1998, and 1999. This notice

requests industry volunteers for

industry-and government-led exercises.

DATES: The workshop will be held on

April 8, 1997 from 5:30 PM to 7:30 PM.

Comments must be received on or

before April 30, 1997.

ADDRESSES: The workshop will be held

in rooms 203/204 at the Greater Fort

Lauderdale/Broward County

Convention Center, 1950 Eisenhower

Boulevard, Fort Lauderdale, FL 33316.

Written comments should be submitted

to COMMANDANT (G–MOR–2), Room

2100, U.S. Coast Guard Headquarters,

2100 Second Street, SW; Washington,

DC, 20593–0001. ATTN: Ms. Karen

Sahatjian.

FOR FURTHER INFORMATION CONTACT: For

general information regarding the PREP

program and the schedule, contact Ms.

Karen Sahatjian, Marine Safety and

Environmental Protection Directorate,

Office of Response, (G–MOR–2), (202)

267–2850. The schedule and exercise

design manual is available on the

internet at http://www.navcen.uscg.mil

or to obtain a hard copy of the design

manual, contact Ms. Toni Hundley at

the Office of Pipeline Safety at (202)

366–4397. The 1994 PREP Guidelines

and Training Elements are available at

no cost by writing or faxing the TASC

Dept Warehouse, 3341 Q 75th Avenue,

Landover, MD 20785, fax: 301–386–

5394. The stock numbers of each

manual are: PREP Guidelines—USCG–

X0191; the Training Reference—USCG–

X0188. Please indicate the quantity

when ordering. Quantities are limited to

10 per order.

SUPPLEMENTARY INFORMATION:

Background Information

The workshop will address several

issues that have been raised by exercise

participants and response plan holders.

The topics to be discussed at the

workshop include, but are not limited

to: (1) Developing and Evaluating an Oil

Spill Response Exercise, (2)

government-initiated unannounced

exercises, (3) minor changes to existing

PREP Guidelines, and (4) the proposed

triennial exercise schedule. The

following information is provided as

background in preparation for the

workshop.

The Coast Guard, EPA, RSPA and

MMS developed the National

Preparedness for Response Exercise

Program (PREP) to provide guidelines

for compliance with the Oil Pollution

Act of 1990 (OPA 90) pollution response

exercise requirements (33 U.S.C.

1321(j)). OPA 90 requires periodic

unannounced drills. See 33 U.S.C.

1321(j)(7). However, the working group

(comprised of Coast Guard, EPA, RSPA,

MMS, state representatives, and

industry representatives) determined

that the PREP Guidelines should also

include announced drills. See 33 CFR