Notice: Debarment Proceedings: Gonzalez-Martinez, Bernardo, Et Al.
Notice: Debarment Proceedings: Gonzalez-Martinez, Bernardo, Et Al.
• Mail (paper, disk, or CD–ROM Dated: January 12, 2006. listed in this notice, including requests
submissions): Office of Information and Frank Moss, for copies of the proposed information
Regulatory Affairs, Office of Deputy Assistant Secretary for Passport collection and supporting documents,
Management and Budget, 725 17th Services, Bureau of Consular Affairs, should be sent to Andrea Lage of the
Street, NW., Washington, DC 20503. Department of State. Office of Visa Services, U.S. Department
[FR Doc. E6–1356 Filed 1–31–06; 8:45 am] of State, 2401 E St., NW., L–603,
• Fax: 202–395–6974.
BILLING CODE 4710–06–P Washington, DC 20522, who may be
FOR FURTHER INFORMATION CONTACT: reached at (202) 663–1221.
Direct requests for additional SUPPLEMENTARY INFORMATION: We are
information regarding the collection DEPARTMENT OF STATE soliciting public comments to permit
listed in this notice, including requests [Public Notice 5290] the Department to:
for copies of the proposed information • Evaluate whether the proposed
collection and supporting documents, to 60-Day Notice of Proposed Information information collection is necessary to
Susan Cowlishaw, U.S. Department Of Collection: DS–158, Contact properly perform our functions.
State, CA/PPT/FO/FC. 2100 Information and Work History for • Evaluate the accuracy of our
Pennsylvania Avenue, NW., 3rd Floor/ Nonimmigrant Visa Applicant, OMB estimate of the burden of the proposed
Room 3040/ SA–29, Washington, DC Control Number 1405–0144 collection, including the validity of the
20037, who may be reached on methodology and assumptions used.
Notice of request for public
ACTION: • Enhance the quality, utility, and
202.261.8957 or [email protected].
comment. clarity of the information to be
SUPPLEMENTARY INFORMATION: We are collected.
soliciting public comments to permit SUMMARY: The Department of State is
• Minimize the reporting burden on
the Department to: seeking Office of Management and
those who are to respond.
Budget (OMB) approval for the
• Evaluate whether the proposed information collection described below.
Abstract of proposed collection: This
information collection is necessary for form collects contact information,
The purpose of this notice is to allow 60
the proper performance of our current employment information, and
days for public comment in the Federal
functions. previous work experience information
Register proceeding submission to
from aliens applying for certain
• Evaluate the accuracy of our OMB. This process is conducted in
nonimmigrant visas to enter the United
estimate of the burden of the proposed accordance with the Paperwork
States.
collection, including the validity of the Reduction Act of 1995.
Title of Information Collection: Methodology: Form DS–158 will be
methodology and assumptions used. submitted in person or by mail or fax to
Contact Information and Work History
• Enhance the quality, utility, and for Nonimmigrant Visa Applicant. U.S. embassies and consulates overseas.
clarity of the information to be OMB Control Number: 1405–0144. A version of the form without personal
collected. Type of Request: Extension of a data is available online.
• Minimize the reporting burden on Currently Approved Collection. Dated: December 15, 2005.
those who are to respond, including the Originating Office: CA/VO. Stephen A. Edson,
use of automated collection techniques Form Number: DS–158. Deputy Assistant Secretary, Bureau of
or other forms of technology. Respondents: Applicants for F, J and Consular Affairs, Department of State.
M nonimmigrant visas. [FR Doc. E6–1357 Filed 1–31–06; 8:45 am]
Abstract of proposed collection: The Estimated Number of Respondents: BILLING CODE 4710–06–P
Statement of Non-Receipt of A Passport, 700,000 per year.
Form DS–86, is used by the U.S. Estimated Number of Responses:
Department of State to collect 700,000 per year. DEPARTMENT OF STATE
information for the purpose of issuing a Average Hours Per Response: 1 hour.
replacement passport to customers who Total Estimated Burden: 700,000 [Public Notice 5288]
have not received the passport for hours per year.
which they originally applied. Frequency: Once per respondent. Bureau of Political-Military Affairs;
The information is used by the Obligation to Respond: Required to Statutory Debarment Under the
Obtain or Retain Benefit. International Traffic in Arms
Department of State to ensure that no
DATES: The Department will accept Regulations
person shall bear more than one valid or
potentially valid U.S. passport at any comments from the public up to 60 days
ACTION: Notice.
one time, except as authorized by the from February 1, 2006.
Department, and is also used to combat ADDRESSES: Interested parties are SUMMARY: Notice is hereby given that
passport fraud and misuse. invited to submit written comments to the Department of State has imposed
Methodology: Passport applicants the Chief, Legislation and Regulation statutory debarment pursuant to Section
Division, Visas Services—DS–158 127.7(c) of the International Traffic in
who do not receive their passports are
Reauthorization, Department of State, Arms Regulations (‘‘ITAR’’) (22 CFR
required to complete a Statement of
Washington, DC 20520–30106. parts 120 to 130) on persons convicted
Non-Receipt of A Passport, Form DS–86. Comments may also be sent via e-mail of violating or conspiring to violate
Passport applicants can either download to [email protected] or faxed to (202) Section 38 of the Arms Export Control
the form from the Internet or obtain one 663–3898. The subject line of either an Act (‘‘AECA’’) (22 U.S.C. 2778).
from an Acceptance Facility/Passport
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Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices 5403
Bureau of Political-Military Affairs, full review of all circumstances, paying (11) Sotaro Inami, April 28, 2005, U.S.
Department of State (202) 663–2700. particular attention to the following District Court, Eastern District of
SUPPLEMENTARY INFORMATION: Section factors: whether an exception is Pennsylvania, Case #: 04–429.
38(g)(4) of the AECA, 22 U.S.C. 2778, warranted by overriding U.S. foreign (12) Luis Hector Margaillon-Drabos
prohibits licenses and other approvals policy or national security interests; (a.k.a. Pedro Marquez-Monreal; a.k.a.
for the export of defense articles or Whether an exception would further Luis Hector Margaillon; a.k.a. Jose
defense services to be issued to persons, law enforcement concerns that are Olivarez-Martinez), April 18, 2005, U.S.
or any party to the export, who have consistent with the foreign policy or District Court, District of Arizona
been convicted of violating certain national security interests of the United (Tucson), Case #: CR 04–00208–001-
statutes, including the AECA. States; or whether other compelling PHX-FJM.
In implementing this section of the circumstances exist that are consistent (13) Hemant Lakhani (a.k.a. Hemad
AECA, the Assistant Secretary for with the foreign policy or national Lakhani), September 12, 2005, U.S.
Political-Military Affairs is authorized security interests of the United States, District Court, District of New Jersey
by § 127.7 of the ITAR to prohibit any and that do not conflict with law (Newark), Case #: 03–880–01.
person who has been convicted of enforcement concerns. Even if (14) Interaero, Inc., December 16,
violating or conspiring to violate the exceptions are granted, the debarment 2004, U.S. District Court, District of
AECA from participating directly or continues until subsequent Columbia, Case #: CR 04–317.
indirectly in the export of defense reinstatement. (15) Renald Etienne, December 17,
articles, including technical data or in Pursuant to Section 38 of the AECA 1999, U.S. District Court, Middle
the furnishing of defense services for and § 127.7 of the ITAR, the Assistant District of Florida (Tampa), Case #: 99–
which a license or other approval is Secretary of State for Political-Military 31-CR-FTM–26D.
Affairs has statutorily debarred the (16) David Tomkins, October 8, 2004,
required. This prohibition is referred to
following persons for a period of three U.S. District Court, Southern District of
as ‘‘statutory debarment.’’
years following the date of their AECA Florida (Miami), Case #: 94–204-CR-
Statutory debarment is based solely
conviction: JORDAN.
upon conviction in a criminal (17) Tanzeem A. Khan, September 11,
proceeding, conducted by a United (1) Bernardo Gonzalez-Martinez, 2001, U.S. District Court, District of
States Court, and as such the October 24, 2003, U.S. District Court, Maryland (Baltimore), Case #: JFM–01–
administrative debarment proceedings Southern District of Texas 085.
outlined in part 128 of the ITAR are not (Brownsville), Case #: 1:03CR00455– (18) Tauquir A. Khan, September 11,
applicable. 003. 2001, U.S. District Court, District of
The period for debarment will be (2) Maria Silvia Elizalde de Nuñez, Maryland (Baltimore), Case #: JFM–01–
determined by the Assistant Secretary October 10, 2003, U.S. District Court, 085.
for Political-Military Affairs based on Southern District of Texas (19) Eduardo Marin Mejias, November
the underlying nature of the violations, (Brownsville), Case #: 1:03CR00455– 23, 2005, U.S. District Court, Southern
but will generally be for three years 002. District of Florida (Miami), Case #: 05–
from the date of conviction. At the end (3) Kwonhwan Park (a.k.a. Howard 60128-CR-ALTONAGA.
of the debarment period, licensing Park), August 30, 2005, U.S. District (20) Neuro Enrique Gonzalez,
privileges may be reinstated only at the Court, District of Connecticut November 8, 2005, U.S. District Court,
request of the debarred person following (Bridgeport), Case #: 3:04cr123(MRK). Southern District of Florida (Miami),
the necessary interagency consultations, (4) Mehrdad Zar (a.k.a. Tony Zar), Case #: 05–60128-CR-ALTONAGA(s).
after a thorough review of the October 27, 1998, U.S. District Court, (21) Randy Reyes, January 14, 2000,
circumstances surrounding the Eastern District of Virginia, Case #: U.S. District Court, Eastern District of
conviction, and a finding that 2:98CR00064–001. Wisconsin, Case #: 98-CR–189.
appropriate steps have been taken to (22) Fermin Revuelta, December 14,
(5) Constantinos Katsaras, November
mitigate any law enforcement concerns, 2000, U.S. District Court, Northern
25, 2003, U.S. District Court, Southern
as required by Section 38(g)(4) of the District of California, Case #: CR–99–
District of Florida (Ft. Lauderdale), Case
AECA. Unless licensing privileges are 0117 CAL.
#: 03–60096-Cr-Marra.
reinstated, however, the person remains (23) Fernando Sero (a.k.a. Ferdie
debarred. (6) Edgar Semprun, March 14, 2005,
Resada), December 15, 2005, U.S.
Department of State policy permits U.S. District Court, Southern District of
District Court, Southern District of New
debarred persons to apply to the Florida (Miami), Case #: 04–20605-CR-
York, Case # 05 CR 00340–01 (CLB).
Director, Office of Defense Trade LENARD 004.
As noted above, at the end of the
Controls Compliance, for reinstatement (7) Rafael Alberto Samper, February three-year period, the above named
beginning one year after the date of the 28, 2005, U.S. District Court, Southern persons/entities remain debarred unless
debarment, in accordance with Section District of Florida (Miami), Case #: 04– licensing privileges are reinstated.
38(g)(4) of the AECA and § 127.11(b) of 20605-CR-LENARD 003. Debarred persons are generally
the ITAR. Any decision to grant (8) Antonio Tarrab, March 8, 2005, ineligible to participate in activity
reinstatement can be made only after the U.S. District Court, Southern District of regulated under the ITAR (see e.g.,
statutory requirements under Section Florida (Miami), Case #: 04–20605-CR- §§ 120.1(c) and (d), and 127.11(a)). The
38(g)(4) of the AECA have been LENARD 005. Department of State will not consider
satisfied. (9) Bilmer Alberto Paz, March 21, applications for licenses or requests for
Exceptions, also known as transaction 2005, U.S. District Court, Southern approvals that involve any person who
exceptions, may be made to this District of Florida (Miami), Case #: 04– has been convicted of violating or of
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debarment determination on a case-by- 20605-CR-LENARD 006. conspiring to violate the AECA during
base basis at the discretion of the (10) Raul Demolina, May 5, 2005, U.S. the period of statutory debarment.
Assistant Secretary of State for Political- District Court, Southern District of Persons who have been statutorily
Military Affairs. However, such an Florida (Miami), Case #: 04–20605-CR- debarred may appeal to the Under
exception would be granted only after a LENARD(s). Secretary for Arms Control and
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5404 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices
International Security for Operations, (M–30, Room PL–401), 400 minimal level of scheduled air service.
reconsideration of the ineligibility Seventh Street, SW., Washington, DC Under this program, the Department
determination. A request for 20590, and should be served upon the currently provides subsidies to air
reconsideration must be submitted in parties listed in Attachment A to the carriers so that approximately 150 rural
writing within 30 days after a person order. communities, including 37 in Alaska,
has been informed of the adverse FOR FURTHER INFORMATION CONTACT: can receive such service. DOT’s program
decision, in accordance with 22 CFR Vanessa R. Balgobin, Air Carrier Fitness determines the minimum level of
127.7(d) and 128.13(a). Division (X–56, Room 6401), U.S. service at each community by specifying
This notice is provided for purposes Department of Transportation, 400 a hub through which the community is
of making the public aware that the Seventh Street, SW., Washington, DC linked to the national transportation
persons listed above are prohibited from 20590, (202) 366–9721. system, a minimum number of round
participating directly or indirectly in trips and available seats that must be
Dated: January 25, 2006. provided to that hub, certain
any brokering activities and in any
export from or temporary import into Michael W. Reynolds, characteristics of the aircraft to be used,
the United States of defense articles, Acting Assistant Secretary for Aviation and and the maximum number of
International Affairs. permissible intermediate stops to the
related technical data, or defense
services in all situations covered by the [FR Doc. E6–1321 Filed 1–31–06; 8:45 am] hub.
ITAR. Specific case information may be BILLING CODE 4910–62–P A code-sharing agreement is a
obtained from the Office of the Clerk for marketing arrangement between two
the U.S. District Courts mentioned carriers that allows one to publish
above and by citing the court case DEPARTMENT OF TRANSPORTATION schedules and sell tickets on flights
number where provided. operated by another. Typically, code-
Office of the Secretary sharing allows carriers to broaden their
This notice involves a foreign affairs
function of the United States [Docket OST–2005–21790] network of destinations, to feed
encompassed within the meaning of the additional passengers to their hub
military and foreign affairs exclusion of Notice on the Essential Air Service airports, and to serve destinations that
the Administrative Procedure Act. Code-Sharing Pilot Program they could not otherwise serve on a
Because the exercise of this foreign AGENCY: Office of the Secretary, DOT. profitable basis. Major airlines now
affairs function is discretionary, it is commonly enter into voluntary code-
ACTION: Notice.
excluded from review under the share contracts with others, including
Administrative Procedure Act. SUMMARY: Vision 100—Century of smaller, regional carriers. Most airports
Aviation Reauthorization Act, Public covered under the EAS program have
Dated: January 24, 2006. service provided by a carrier that has at
Law 108–176, Title IV, subtitle A,
John Hillen, least one major airline’s code attached
section 406 requires the Secretary of
Assistant Secretary for Political-Military Transportation to establish a pilot to its flights out of the airport. However,
Affairs, Department of State. program, under which the Secretary some carriers that provide subsidized
[FR Doc. E6–1339 Filed 1–31–06; 8:45 am] would have discretion to require air service under the EAS program do not
BILLING CODE 4710–25–P carriers receiving Essential Air Service have any code-share arrangements in
(EAS) subsidy and major carriers some of the markets that they serve.
serving large hub airports to participate On December 12, 2003, President
DEPARTMENT OF TRANSPORTATION in code-sharing arrangements for up to Bush signed the Vision 100—Century of
10 EAS communities. Public comments Aviation Reauthorization Act, Public
Office of the Secretary were invited about such a prospective Law 108–176. Title IV, subtitle A,
program; all of the comments raised section 406 of that statute required the
Application of Hawaii Island Air, Inc. D/ Secretary of Transportation to establish
objections, particularly concerns that
B/A Island Air for Certificate Authority a pilot program, under which the
the Department would use the authority
to force carriers to participate Secretary would have discretion to
AGENCY: Department of Transportation.
involuntarily in the program. This require air carriers receiving EAS
ACTION: Notice of Order to Show Cause subsidy and major carriers serving large
(Order 2006–1–20), Docket OST–2005– Notice discusses the comments, advises
of the establishment of the pilot hub airports to participate in code-
22001. sharing arrangements for up to 10 EAS
program, solicits applications for
SUMMARY: The Department of participation in the program, and communities. Section 406 provides as
Transportation is directing all interested specifies issues that should be follows:
persons to show cause why it should addressed in such applications. Code-Sharing Program
not issue an order finding Hawaii Island FOR FURTHER INFORMATION CONTACT: (a) In General.—The Secretary of
Air, Inc. d/b/a Island Air fit, willing, Kevin Schlemmer, U.S. Department of Transportation shall establish a pilot
and able, and awarding it a certificate of Transportation, Office of Aviation program under which the Secretary may
public convenience and necessity to Analysis, 400 7th Street, SW., require air carriers providing air service
engage in interstate scheduled air Washington, DC 20590. Telephone (202) with compensation under subchapter II
transportation of persons, property and 366–3176. E-mail: of chapter 417 of title 49, United States
mail. [email protected]. code, and major carriers (as defined in
DATES: Persons wishing to file SUPPLEMENTARY INFORMATION: The section 41716(a)(2) of such title) serving
objections should do so no later than Essential Air Service program, large hub airports (as defined in section
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February 8, 2006. established in 1978 by the Airline 40102 of such title) to participate in
ADDRESSES: Objections and answers to Deregulation Act, Public Law 95–504, multiple code-sharing arrangements
objections should be filed in Docket enables small communities that were consistent with normal industry
OST–2005–22001 and addressed to U.S. served by certificated air carriers before practice whenever and wherever the
Department of Transportation, Docket deregulation to maintain at least a Secretary determines that such multiple
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