Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57349 

DEPARTMENT OF STATE 

[Public Notice 5197] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Darwin’’

AGENCY: Department of State. 

ACTION: Notice. 

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 [64 FR 56014], 

Delegation of Authority No. 236 of 

October 19, 1999 [64 FR 57920], as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition, ‘‘Darwin,’’

imported from abroad for temporary 

exhibition within the United States, are 

of cultural significance. The objects are 

imported pursuant to loan agreements 

with the foreign lenders. I also 

determine that the exhibition or display 

of the exhibit objects at the American 

Museum of Natural History, New York, 

New York, from on or about November 

15, 2005, to on or about May 29, 2006, 

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, such as a list of 

exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, (202) 453–8052, and 

the address is United States Department 

of State, SA–44, Room 700, 301 4th 

Street, SW., Washington, DC 20547–

0001. 

Dated: September 26, 2005. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 05–19643 Filed 9–29–05; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF STATE 

[Public Notice 5196] 

Bureau of Political-Military Affairs; 

Statutory Debarment Under the 

International Traffic in Arms 

Regulations 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Department of State has imposed 

statutory debarment pursuant to Section 

127.7(c) of the International Traffic in 

Arms Regulations (‘‘ITAR’’) (22 CFR 

Parts 120 to 130) on persons convicted 

of violating or conspiring to violate 

Section 38 of the Arms Export Control 

Act (‘‘AECA’’) (22 U.S.C. 2778). 

EFFECTIVE DATE: Date of conviction as 

specified for each person. 

FOR FURTHER INFORMATION CONTACT: 

David Trimble, Director, Office of 

Defense Trade Controls Compliance, 

Bureau of Political-Military Affairs, 

Department of State (202) 663–2700. 

SUPPLEMENTARY INFORMATION: Section 

38(g)(4) of the AECA, 22 U.S.C. 2778, 

prohibits licenses and other approvals 

for the export of defense articles or 

defense services to be issued to persons, 

or any party to the export, who have 

been convicted of violating certain 

statutes, including the AECA. 

In implementing this section of the 

AECA, the Assistant Secretary for 

Political-Military Affairs is authorized 

by Section 127.7 of the ITAR to prohibit 

any person who has been convicted of 

violating or conspiring to violate the 

AECA 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. This prohibition is referred to 

as ‘‘statutory debarment.’’

Statutory debarment is based solely 

upon conviction in a criminal 

proceeding, conducted by a United 

States Court, and as such the 

administrative debarment proceedings 

outlined in Part 128 of the ITAR are not 

applicable. 

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, licensing 

privileges may be reinstated only 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 Section 38(g)(4) of the 

AECA. It should be noted, however, that 

unless licensing privileges are 

reinstated, the person remains debarred. 

Department of State policy permits 

debarred persons to apply to the 

Director of Defense Trade Controls 

Compliance for reinstatement beginning 

one year after the date of the debarment, 

in accordance with Section 38(g)(4) of 

the AECA and Section 127.11(b) of the 

ITAR. Any decision to grant 

reinstatement can be made only after the 

statutory requirements under 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-bybase 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 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 of the AECA 

and Section 127.7 of the ITAR, the 

Assistant Secretary of State for PoliticalMilitary Affairs has statutorily debarred 

the following persons for a period of 

three years following the date of their 

AECA conviction: 

(1) Equipment & Supply, Inc., August 

6, 2004, U.S. District Court, Eastern 

District of Wisconsin (Milwaukee), Case 

#02–Cr–262. 

(2) Klaus Ernst Buhler, June 21, 2003, 

U.S. District Court, Middle District of 

Florida (Jacksonville), Case #: 3:02–Cr–

13–J–12TEM. 

(3) Rotair Industries, Inc., July 29, 

2004, U.S. District Court, District of 

Connecticut (New Haven), Case #: 

3:04Cr 149 JBA. 

As noted above, at the end of the 

three-year period, the above named 

persons/entities remain debarred unless 

licensing 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)). 

The Department of State will not 

consider applications for licenses or 

requests for approvals that involve any 

person 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 Arms Control and 

International Security for 

57350 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 

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, in accordance with 22 CFR 

127.7(d) and 128.13(a). 

This notice is provided for purposes 

of making 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. 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. 

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: September 22, 2005. 

Rose M. Likins, 

Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State. 

[FR Doc. 05–19642 Filed 9–29–05; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice 5167] 

Meeting of Advisory Committee on 

International Communications and 

Information Policy 

The Department of State announces 

the next meeting of its Advisory 

Committee on International 

Communications and Information 

Policy (ACICIP) to be held on Thursday, 

October 20, 2005, from 2 p.m. to 4:30 

p.m., in the Loy Henderson Auditorium 

of the Harry S. Truman Building of the 

U.S. Department of State. The Truman 

Building is located at 2201 C Street, 

NW., Washington, DC 20520. 

The committee provides a formal 

channel for regular consultation and 

coordination on major economic, social 

and legal issues and problems in 

international communications and 

information policy, especially as these 

issues and problems involve users of 

information and communications 

services, providers of such services, 

technology research and development, 

foreign industrial and regulatory policy, 

the activities of international 

organizations with regard to 

communications and information, and 

developing country issues. 

The meeting will be led by ACICIP 

Vice Chair Mr. Rhett Dawson of the 

Information Technology Industry 

Council. Ambassador David A. Gross, 

Deputy Assistant Secretary and U.S. 

Coordinator for International 

Communications and Information 

Policy, and other senior State 

Department and U.S. Government 

officials will also address the meeting. 

The main focus of the event will be to 

discuss U.S.-India relations, with an 

emphasis on industry input for the first 

meeting of the newly-formed U.S.-India 

Information and Communications 

Technologies Working Group. State 

Department officials will also present a 

status report on preparations for the 

second phase of the World Summit on 

the Information Society, which will take 

place in Tunis, Tunisia from November 

16–18, 2005. 

Members of the public may attend 

these meetings up to the seating 

capacity of the room. While the meeting 

is open to the public, admittance to the 

Department of State building is only by 

means of a pre-arranged clearance list. 

In order to be placed on the preclearance list, please provide your 

name, title, organization, social security 

number, date of birth, and citizenship to 

Robert M. Watts at wattsrm@state.gov no 

later than 5 p.m. on Tuesday, October 

18, 2005. All attendees for this meeting 

must use the 23rd Street entrance. One 

of the following valid ID’s will be 

required for admittance: Any U.S. 

driver’s license with photo, a passport, 

or a U.S. Government agency ID. NonU.S. Government attendees must be 

escorted by Department of State 

personnel at all times when in the 

building. 

For further information, please 

contact Robert M. Watts, Executive 

Secretary of the Committee, at 202–647–

5820 or by e-mail at wattsrm@state.gov. 

Dated: September 23, 2005. 

Robert M. Watts, 

Executive Secretary, ACICIP, Department of 

State. 

[FR Doc. 05–19641 Filed 9–29–05; 8:45 am] 

BILLING CODE 4710–07–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Minimum Slot Usage Requirement 

ACTION: Notice of denial of request for 

waiver of the minimum slot usage 

requirement. 

SUMMARY: The FAA recently issued a 

letter responding to a request from the 

Regional Airlines Association (RAA) for 

a blanket waiver of the minimum slot 

usage requirement for all slots at the 

three High Density Traffic Airports. The 

text of that letter is set forth in this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Lorelei Peter, Senior Attorney, Office of 

the Chief Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3073. 

SUPPLEMENTARY INFORMATION: Deborah 

C. McElroy, President, Regional Airline 

Association, 2025 M Street, NW., Suite 

800, Washington, DC 20036–3309. 

Dear Ms. McElroy: This is in response 

to your September 9 letter, submitted on 

behalf of the Regional Airline 

Association’s (RAA) membership, 

requesting a waiver of the ‘‘use or lose’’

requirements for slots and slot 

exemptions held by RAA members at 

John F. Kennedy International (JFK), 

LaGuardia (LGA) and Ronald Reagan 

Washington National Airports (DCA) for 

the period August 29, 2005 through 

March 29, 2006. 

Section 93.227, subsection (j) of Title 

14 of the Code of Federal Regulations 

provides that the Chief Counsel of the 

FAA may waive the usage requirements 

of paragraph (a) of that section in the 

case of ‘‘a highly unusual and 

unpredictable condition which is 

beyond the control of the slot-holder 

and which exists for a period of 9 or 

more days.’’ As an example, of such a 

condition, subsection 93.227(j) gives, 

‘‘weather conditions which request in 

the restricted operation of an airport for 

an extended period of time.’’

RRA points to factors beyond the 

carriers’ control—including record fuel 

costs, potential disruptions in fuel 

supplies, airport closing and major 

changes in travel patterns—that are 

creating economic difficulties for 

airlines of the like that have not been 

experienced since the aftermath of 

September 11 or the Gulf War. Your 

petition further states that the carriers’

inability to raise fares to recoup higher 

fuel costs will necessitate schedule 

changes, which will result in either 

utilization of slots below the 80% 

minimum specified in our regulations or 

the operation of flights solely to 

preserve slot holdings. Additionally, 

you note that recent challenges to fuel 

supplies and further increases in fuel 

costs due to the impact of Hurricane 

Katrina have critically exacerbated the 

situation. 

Your association requests a waiver on 

behalf of its members for usage