Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices 35211 

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 

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, 2014; Reinstatement 

after June 4, 2014 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 4, 2014. 

Tom Kelly, 

Acting Assistant Secretary, Bureau of 

Political-Military Affairs, Department of 

State. 

[FR Doc. 2014–14152 Filed 6–18–14; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Aviation Weather Product Change: 

Transition of Select Area Forecasts 

(FAs) to Digital and Graphical 

Alternatives 

AGENCY: Federal Aviation 

Administration. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA), in coordination 

with the National Weather Service 

(NWS), will transition seven (7) Area 

Forecasts (FAs), currently used as flight 

planning and pilot weather briefing 

aids, to digital and graphical 

alternatives. A joint-agency working 

group has concluded that these digital 

and graphical alternatives better-meet 

the needs of today’s aviation users. 

Guidance with respect to the proper use 

of these alternatives is forthcoming. 

Note: Area Forecasts (FAs) for Alaska, the 

Caribbean, and the Gulf of Mexico will 

remain unaffected at this time. 

DATES: The Federal Aviation 

Administration must receive comments 

on or before August 4, 2014. The 

Agencies are targeting early 2015 for 

transition. 

ADDRESSES: Please mail comments 

concerning this notice to the NextGen 


emcdonald on DSK67QTVN1PROD with NOTICES
35212 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices 

Aviation Weather Division (ANG–C6), 

Federal Aviation Administration, 800 

Independence Ave. SW., Washington, 

DC 20591. 

FOR FURTHER INFORMATION CONTACT: 

Stewart Stepney, 202–385–7182 or 

stewart.stepney@faa.gov. 

SUPPLEMENTARY INFORMATION: United 

States Code (citation below) directs the 

Administrator of the Federal Aviation 

Administration (FAA) to make 

recommendations to the Secretary of 

Commerce on providing meteorological 

services necessary for the safe and 

efficient movement of aircraft. The 

Secretary, in turn, is directed to 

cooperate with the Administrator and 

give complete consideration to these 

recommendations. As such, FAA has 

coordinated extensively with the 

National Weather Service (NWS) to 

review current and future aviation 

weather information requirements. 

The Area Forecast (FA) is an 

abbreviated, plain-language forecast of 

specified weather phenomena, covering 

a geographical area designated by the 

FAA. The Area Forecast (FA) is used to 

determine en-route weather and to 

estimate conditions at airports that do 

not have a Terminal Aerodrome 

Forecast (TAF). It is produced by the 

National Weather Service (NWS) under 

the National Oceanic and Atmospheric 

Administration (NOAA), within the 

Department of Commerce (DoC). 

The Area Forecast (FA) contains 

weather information in a format 

originally developed in the 1930s. By 

design, it carries a character-count 

limitation and is prohibited from 

describing Instrument Flight Rule (IFR) 

conditions (reserved for AIRMETs and 

SIGMETs). It covers an extremely large 

geographical area (typically, several 

states) and is only issued 3–4x daily 

(each valid for 18hrs). 

These specifications tend to produce 

a broad forecast of limited value. While 

the Area Forecast (FA) met aviation 

weather information needs for many 

years, today NWS provides equivalent 

information through a number of better 

alternatives. 

An FAA–NWS joint-agency working 

group recently recommended that the 

Area Forecast (FA) be transitioned to 

more-modern digital and graphical 

forecasts, observations, and 

communications capabilities that 

provide improved weather information 

to decision-makers. 

Therefore, the FAA will formally 

recommend that NWS transition six (6) 

Area Forecasts (FAs) covering separate 

geographical areas of the Contiguous 

United States (CONUS) and one (1) Area 

Forecast (FA) covering Hawaii to digital 

and graphical alternatives already being 

produced by NWS. 

The seven (7) Area Forecasts (FAs) 

affected include: FAUS41 (BOS), 

FAUS42 (MIA), FAUS43 (CHI), FAUS44 

(DFW), FAUS45 (SLC), FAUS46 (SFO) 

and FAHW31 (Hawaii). 

Note: Area Forecasts (FAs) for Alaska, the 

Caribbean, and the Gulf of Mexico will 

remain unaffected at this time. 

Existing potential alternatives 

identified by the joint-agency working 

group include, but are not limited to: 

• Surface weather analyses and 

prognostic charts 

• public forecast discussions 

• Significant Weather (SIGWX) charts 

• National Digital Forecast Database 

(NDFD) 

• Terminal Aerodrome Forecasts (TAFs) 

• Airmen’s Meteorological Information 

(AIRMETs) 

Aviation users are already 

accustomed to consulting many of these 

weather products during normal flight 

planning. Together, they provide 

information similar to that found in the 

Area Forecast (FA), in higher resolution 

and with the added benefit of graphical 

depictions. 

The joint-agency working group’s 

membership included broad subjectmatter expertise from both FAA and 

NWS, as well as the National 

Transportation Safety Board (NTSB). 

Members collected insight from 

additional aviation weather 

stakeholders including various pilot 

organizations, weather briefers, airlines 

and air traffic controllers. 

Before the transition takes place, the 

FAA will conduct a formal Safety Risk 

Assessment as part of FAA’s Safety 

Management System. Guidance with 

respect to the proper use of proposed 

alternatives is forthcoming. 

Interested parties and stakeholders 

may submit comments regarding the 

planned transition by standard mail or 

by email (kiley@avmet.com). Comments 

must be received on or before August 4, 

2014. The Agencies are targeting early 

2015 for transition. 

Authority: 49 U.S.C. § 44720(a). 

Dated: June 11, 2014. 

Richard J. Heuwinkel, 

Manager, Aviation Weather Division. 

[FR Doc. 2014–14364 Filed 6–18–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0006] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption from the vision requirement, 

request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 34 individuals for 

exemption from the vision requirement 

for operating a commercial motor 

vehicle (CMV) in the Federal Motor 

Carrier Safety Regulations. The 

applicants are unable to meet the vision 

requirement in one eye for various 

reasons. The exemptions will allow 

these individuals to operate CMVs in 

interstate commerce without meeting 

the prescribed vision requirement in 

one eye. At the end of the comment 

period, the Agency will grant 

exemptions to the applicants listed 

herein if there are no adverse comments 

that indicate the driver’s ability will not 

achieve a level of safety equivalent to or 

greater than the level of safety that 

would be obtained by complying with 

the regulations. All comments will be 

reviewed and evaluated by FMCSA. 

Some individuals appearing in this 

notice may not receive exemptions 

based on comments received during the 

comment period. Individuals not 

granted an exemption may either be 

published at a future date based on 

further evaluation or may not be 

deemed to meet the aforementioned 

level of safety if granted an exemption. 

These individuals will be published in 

a quarterly notice of exemption denials. 

As always, any adverse comments 

received after the exemption is granted 

will be evaluated, and if they indicate 

that the driver is not achieving a level 

of safety equivalent to or greater than 

the level of safety that would be 

obtained by complying with the 

regulation, the exemption will be 

revoked. When granted, the exemptions 

will allow these individuals with vision 

deficiencies in one eye to operate in 

interstate commerce. 

DATES: Comments must be received on 

or before July 21, 2014. All comments 

will be investigated by FMCSA. The 

exemptions will be issued the day after 

the comment period closes. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 


emcdonald on DSK67QTVN1PROD with NOTICES