54692 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: September 1, 2010. 

Ann Stock, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2010–22362 Filed 9–7–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice: 7155] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Van 

Gogh, Gauguin, Ce ́zanne, and Beyond: 

Post-Impressionist Masterpieces From 

the Muse ́e d’Orsay’’ 

SUMMARY: Notice is hereby given of the 

following determinations: 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. 236–3 of August 28, 2000, 

I hereby determine that the objects to be 

included in the exhibition ‘‘Van Gogh, 

Gauguin, Ce ́zanne, and Beyond: PostImpressionist Masterpieces from the 

Muse ́e d’Orsay,’’ imported from abroad 

for temporary exhibition within the 

United States, are of cultural 

significance. The objects are imported 

pursuant to a loan agreement with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit objects at the Fine Arts 

Museums of San Francisco, San 

Francisco, CA, from on or about 

September 25, 2010, until on or about 

January 18, 2011, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: September 1, 2010. 

Ann Stock, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2010–22359 Filed 9–7–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7157] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Miro ́: 

The Dutch Interiors’’ 

ACTION: Notice, correction. 

SUMMARY: On August 11, 2010, notice 

was published on page 48736 of the 

Federal Register (volume 75, number 

154) of determination made by the 

Department of State pertaining to the 

exhibit ’’Miro ́: The Dutch Interiors.’’ The 

reference notice is corrected to 

accommodate an additional object to be 

included in the exhibition. 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. 236–3 of August 28, 2000, 

I hereby determine that the additional 

object to be included in the exhibition 

‘‘Miro ́: The Dutch Interiors,’’ imported 

from abroad for temporary exhibition 

within the United States, is of cultural 

significance. The additional object is 

imported pursuant to a loan agreement 

with the foreign owner or custodian. I 

also determine that the exhibition or 

display of the additional exhibit object 

at The Metropolitan Museum of Art, 

New York, NY, from on or about 

October 4, 2010, until on or about 

January 17, 2011, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the additional exhibit object, contact 

Julie Simpson, Attorney-Adviser, Office 

of the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: September 1, 2010. 

Ann Stock, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2010–22358 Filed 9–7–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7151] 

Notice of Debarment Pursuant to 

Section 127.7(c) of the International 

Traffic in Arms Regulations 

Title: Bureau of Political-Military 

Affairs; Statutory Debarment under the 

Arms Export Control Act and the 

International Traffic in Arms 

Regulations. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Department of State has imposed 

statutory debarment pursuant to 

§ 127.7(c) of the International Traffic in 

Arms Regulations (‘‘ITAR’’) (22 CFR 

parts 120 to 130) on persons convicted 

of violating or attempting to violate 

Section 38 of the Arms Export Control 

Act, as amended (‘‘AECA’’), (22 U.S.C. 

2778). 

DATES: Effective Date: Date of conviction 

as specified for each person. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Studtmann, Director, Office of Defense 

Trade Controls Compliance, Bureau of 

Political-Military Affairs, Department of 

State (202) 663–2980. 

SUPPLEMENTARY INFORMATION: Section 

38(g)(4) of the AECA, 22 U.S.C. 

2778(g)(4), prohibits the Department of 

State from issuing licenses or other 

approvals for the export of defense 

articles or defense services where the 

applicant, or any party to the export, has 

been convicted of violating certain 

statutes, including the AECA. The 

statute permits limited exceptions to be 

made on a case-by-case basis. In 

implementing this provision, Section 

127.7 of the ITAR provides for ‘‘statutory 

debarment’’ of any person who has been 

convicted of violating or conspiring to 

violate the AECA. Persons subject to 

statutory debarment are prohibited from 

participating directly or indirectly in the 

export of defense articles, including 

technical data, or in the furnishing of 

defense services for which a license or 

other approval is required. 

Statutory debarment is based solely 

upon conviction in a criminal 

proceeding, conducted by a United 

States Court, and as such the 

administrative debarment procedures 

outlined in Part 128 of the ITAR are not 

applicable. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 54693 

The period for debarment will be 

determined by the Assistant Secretary 

for Political-Military Affairs based on 

the underlying nature of the violations, 

but will generally be for three years 

from the date of conviction. At the end 

of the debarment period, export 

privileges may be reinstated only at the 

request of the debarred person followed 

by 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 Section 38(g)(4) of the 

AECA. Unless export privileges are 

reinstated, however, the person remains 

debarred. 

Department of State policy permits 

debarred persons to apply to the 

Director, Office of Defense Trade 

Controls Compliance, for reinstatement 

beginning one year after the date of the 

debarment. Any decision to grant 

reinstatement can be made only after the 

statutory requirements of Section 

38(g)(4) of the AECA have been 

satisfied. 

Exceptions, also known as transaction 

exceptions, may be made to this 

debarment determination on a case-bycase basis at the discretion of the 

Assistant Secretary of State for PoliticalMilitary Affairs, after consulting with 

the appropriate U.S. agencies. 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 the 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 that do not conflict with law 

enforcement concerns. Even if 

exceptions are granted, the debarment 

continues until subsequent 

reinstatement. 

Pursuant to Section 38(g)(4) of the 

AECA and Section 127.7(c) of the ITAR, 

the following persons are statutorily 

debarred as of the date of their AECA 

conviction (Name, Date of Conviction, 

District, Case No., Date of Birth): 

(1) Arick Andre Dube, April 1, 2010, 

U.S. District Court, Southern 

District of Alabama, Case # 1:09– 

CR–00187–001, June 10, 1981. 

(2) Juan Lopez-Hernandez, April 6, 

2010, U.S. District Court, Southern 

District of Alabama, Case # 1:09– 

CR–00187–002, March 16, 1968. 

(3) Charles Michael Cartwright, April 

18, 2010, U.S. District Court, 

District of Arizona, Case # CR–08– 

01197–002, October 13, 1988. 

(4) Kasey Ray Davis, April 18, 2010, 

U.S. District Court, District of 

Arizona, Case # CR–08–01197–010, 

December 9, 1989. 

(5) Adam Wyatt Fuentes, April 18, 

2010, U.S. District Court, District of 

Arizona, Case # CR–08–01197–003, 

November 23, 1983. 

(6) Andrew Allen Wild, April 18, 

2010, U.S. District Court, District of 

Arizona, Case # CR–08–01197–013, 

June 28, 1986. 

(7) Ian Alexander Witte, April 18, 

2010, U.S. District Court, District of 

Arizona, Case # CR–08–01197–011, 

November 1, 1990. 

(8) Rocky Mountain Instrument 

Company, August 20, 2010, U.S. 

District Court, District of Colorado, 

Case # 1:10–CR–00139. 

(9) Amir Hossein Ardebili (aka Amir 

Ahkami, Alex Dave, Arash Koren), 

December 14, 2009, U.S. District 

Court, District of Delaware, Case #s 

1:07–CR–155–01 and 1:08–CR–73– 

01, July 3, 1974. 

(10) Baktash Fattahi, July 20, 2010, 

U.S. District Court, Southern 

District of Florida, Case # 1:09– 

20298–CR–SEITZ(s)-3, June 26, 

1972. 

(11) Desmond Dinesh Frank, August 

28, 2008, U.S. District Court, 

District of Massachusetts, Case # 

1:07–CR–10382, December 28, 

1977. 

(12) Yen Ching Peng (aka Alex Peng, 

Yen-Yo Peng), U.S. District Court, 

Southern District of New York, Case 

# 1:07–cr–01214–01, March 15, 

1976. 

(13) Atmospheric Glow Technologies, 

Inc., February 18, 2010, U.S. 

District Court, Eastern District of 

Tennessee, Case # 3:08–CR–69–002. 

(14) Roberto Aaron Velasco-Tamez, 

March 3, 2009, U.S. District Court, 

Southern District of Texas, Case # 

7:08–CR–00892–001, March 29, 

1988. 

(15) Raul Calvillo-Colunga, February 

15, 2010, U.S. District Court, 

Southern District of Texas, Case # 

7:08–CR–01415–002, February 18, 

1990. 

(16) Erick Gerardo Martinez-Martinez, 

February 16, 2010, U.S. District 

Court, Southern District of Texas, 

Case # 7:09–CR–00713–001, 

November 20, 1988. 

(17) Aaron De Leon, February 16, 

2010, U.S. District Court, Southern 

District of Texas, Case # 7:09–CR– 

01089–001, November 21, 1988. 

(18) Rodolfo Palacios, Jr., February 10, 

2010, U.S. District Court, Southern 

District of Texas, Case # 7:09–CR– 

01249–001, July 25, 1991. 

(19) Armando Bazan, May 1, 2010, 

U.S. District Court, Southern 

District of Texas, Case # 7:09–CR– 

01316–001, October 4, 1963. 

(20) Cesar Canales, May 1, 2010, U.S. 

District Court, Southern District of 

Texas, Case # 7:09–CR–01316–002, 

December 14, 1958. 

(21) Francisco Reyes-Martinez, March 

30, 2010, U.S. District Court, 

Southern District of Texas, Case # 

1:09–CR–01434–001, February 5, 

1971. 

(22) Pablo Leyva-Angiano, July 19, 

2010, U.S. District Court, Southern 

District of Texas, Case # 7:10–CR– 

00179–001, March 7, 1983. 

(23) Ramon Andrade, Jr., July 14, 2010, 

U.S. District Court, Southern 

District of Texas, Case # 7:10–CR– 

00346–001, July 24, 1970. 

(24) Caro-Dominguez, Jaime Omar, 

June 23, 2010, U.S. District Court, 

Western District of Texas, Case # 

4:10–cr–004–01, August 30, 1998. 

As noted above, at the end of the 

three-year period following the date of 

conviction, the above named persons/ 

entities remain debarred unless export 

privileges are reinstated. 

Debarred persons are generally 

ineligible to participate in activity 

regulated under the ITAR (see e.g., 

sections 120.1(c) and (d), and 127.11(a)). 

Also, under Section 127.1(c) of the 

ITAR, any person who has knowledge 

that another person is subject to 

debarment or is otherwise ineligible 

may not, without disclosure to and 

written approval from the Directorate of 

Defense Trade Controls, participate, 

directly or indirectly, in any export in 

which such ineligible person may 

benefit there from or have a direct or 

indirect interest therein. 

This notice is provided for purposes 

of making the public aware that the 

persons listed above are prohibited from 

participating directly or indirectly in 

activities regulated by the ITAR, 

including 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. Specific case 

information may be obtained from the 

Office of the Clerk for the U.S. District 

Courts mentioned above and by citing 

the court case number where provided. 


jlentini on DSKJ8SOYB1PROD with NOTICES
54694 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

Dated: August 31, 2010. 

Thomas M. Countryman, 

Acting Assistant Secretary, Bureau of 

Political-Military Affairs, Department of 

State. 

[FR Doc. 2010–22357 Filed 9–7–10; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Availability of a 

Supplemental Draft Environmental 

Impact Statement for the DesertXpress 

High-Speed Passenger Rail Project 

AGENCY: Federal Railroad 

Administration (FRA), United States 

Department of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: FRA is issuing this notice to 

advise the public that a Supplemental 

Draft EIS has been prepared for the 

DesertXpress High-Speed Passenger 

Train Project (Project). FRA is the lead 

agency for the environmental review 

process and has prepared the 

Supplemental Draft EIS consistent with 

the provisions of Section 102(2)(c) of the 

National Environmental Policy Act 

(NEPA) of 1969 (42 U.S.C. 4321 et seq.), 

the Counsel of Environmental Quality 

(CEQ) regulations implementing NEPA 

(40 CFR parts 1500 et seq.) and FRA’s 

Procedures for Considering 

Environmental Impacts (64 FR 28545; 

May 26, 1999). 

DesertXpress Enterprises Inc., the 

Project proponent, proposes to construct 

and operate a fully grade-separated, 

dedicated double-track, passenger-only 

railroad along an approximately 200- 

mile corridor, from Victorville, CA, to 

Las Vegas, NV. After publication of the 

Draft EIS and in response to substantive 

comments submitted by interested 

agencies and the public, the Project 

proponent proposed several project 

modifications and additions. After 

reviewing the proposed project 

modifications and additions, FRA 

determined a Supplemental Draft EIS 

describing the potential environmental 

effects of the modifications and 

additions was necessary to fulfill its 

responsibility under NEPA. 

DATES: Written comments on the 

Supplemental Draft EIS for the 

DesertXpress Project should be provided 

to FRA on or before October 18 2010. 

Public hearings are scheduled on 

October 13 and October 14, 2010, at the 

times and dates listed in the Addresses 

Section below in Las Vegas, NV and 

Barstow, CA. 

ADDRESSES: Written comments on the 

Supplemental Draft EIS should be sent 

to Ms. Wendy Messenger, 

Environmental Protection Specialist, 

Office of Railroad Policy and 

Development, ATTN: DesertXpress EIS, 

Federal Railroad Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., MS–20, 

Washington, DC 20590 or via e-mail 

with the subject line DesertXpress EIS to 

Wendy.Messenger@dot.gov. Comments 

may also be provided orally or in 

writing at the public hearings scheduled 

at the following locations: 

• Las Vegas, NV, Wednesday, October 

13, 2010, 5:30 to 8 p. m., Hampton Inn 

Tropicana, SW. Event Center B, 4975 

Dean Martin Drive, Las Vegas, NV; and 

• Barstow, CA, Thursday, October 14, 

2010, 5:30 to 8 p.m., Lenwood Hampton 

Inn, Jackrabbit Room 1, 2710 Lenwood 

Road, Barstow, CA. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Wendy Messenger, Environmental 

Protection Specialist, Office of Railroad 

Policy and Development, Federal 

Railroad Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., MS–20, 

Washington, DC 20590 (telephone: 202– 

493–6396). 

SUPPLEMENTARY INFORMATION: Following 

the March 18, 2009 publication of the 

Draft EIS on the Project, several project 

modifications and additions were 

proposed to address substantive 

comments received during public and 

agency review of the Draft EIS and to 

reduce or avoid significant 

environmental effects. After evaluating 

the proposed project modifications and 

additions, FRA determined, pursuant to 

40 CFR 1502.9, that it was necessary to 

prepare a supplement to the Draft EIS 

analyzing the potential environmental 

impacts that might result from those 

modifications and additions. Therefore, 

in compliance with CEQ’s regulations 

and FRA’s Procedures for Considering 

Environmental Impacts, FRA, in 

cooperation with the Bureau of Land 

Management (BLM), Surface 

Transportation Board (STB), Federal 

Highway Administration (FHWA), and 

the National Park Service (NPS), and 

with the added participation of the 

California Department of Transportation 

(Caltrans) and the Nevada Department 

of Transportation (NDOT), prepared a 

Supplemental Draft EIS. 

The Project would involve the 

construction and operation of an 

interstate high-speed passenger train 

system between Victorville, CA and Las 

Vegas, NV, along an approximately 200- 

mile corridor. The project proponent 

proposes to construct nearly the entire 

fully grade-separated, dedicated doubletrack, passenger-only railroad either in 

the median of, or immediately 

alongside, Interstate-15 (I–15). 

The proposed project modifications 

and additions do not in any way change 

the underlying purpose of, or need for, 

the project. The need for high-speed 

passenger rail service arises from several 

factors, including high and increasing 

travel demand with limited increases in 

capacity on I–15, constraints to the 

expansion of air travel, and frequent 

highway vehicle accidents on the I–15 

corridor. The DesertXpress high-speed 

passenger train is intended to provide 

reliable and safe passenger rail 

transportation using proven high-speed 

rail technology that would be a 

convenient alternative to automobile 

travel on I–15 or air travel to and from 

Las Vegas, and that would add 

transportation capacity along the I–15 

corridor. 

Consistent with the requirements of 

NEPA, the Supplemental Draft EIS 

evaluates the environmental effects of 

the proposed modifications and 

additions, which include a new 

Victorville passenger station option at 

Dale Evans Parkway, a rail alignment 

through the Barstow area following the 

I–15 freeway corridor from Lenwood 

through Yermo, CA, a new rail 

alignment through the Clark Mountains 

near the Mojave National Preserve, new 

sites for maintenance and operation 

facilities in unincorporated Clark 

County, NV, relocation of portions of 

the rail alignment in metropolitan Las 

Vegas from the immediate I–15 corridor 

to the Industrial Road/Dean Martin 

Drive corridor, and several alignment 

modifications to reduce or avoid 

environmental impacts, improve 

operating characteristics, or avoid 

conflicts with other planned projects. 

Copies of both the Supplemental Draft 

EIS and Draft EIS are available online at 

FRA’s Web site: http://www.fra.dot.gov; 

they are also available for viewing at the 

following locations near the planned 

rail system: 

• Victorville City Library, 15011 

Circle Drive, Victorville, CA 92395; 

• Barstow Library, 304 East Buena 

Vista, Barstow, CA 92311; 

• Clark County Library, 1401 E. 

Flamingo Road, Las Vegas, NV 89119; 

and 

• Las Vegas Library, 833 Las Vegas 

Blvd. N., Las Vegas, NV 80101. 


jlentini on DSKJ8SOYB1PROD with NOTICES