Delegation of Authority by the Secretary of State to Officers of the Department of State and the Administrator of the U.S. Agency for International Development of Authorities Under the Foreign Assistance Act of 1961 and Other Related Acts, 38202-38205 [E6-10451]
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child’s habitual residence and currently
located in another country that is also
party to the Hague Convention on the
Civil Aspects of International Child
Abduction (Contracting State). The
application requests information
regarding the identities of the applicant,
the child or children, and the person
alleged to have wrongfully removed or
retained the child or children. In
addition, the application requires that
the applicant provide the circumstances
of the alleged wrongful removal or
retention and the legal justification for
the request for return or access. The
State Department, as the U.S. Central
Authority, uses this information to
establish, if possible, the applicants’
claims under the Convention; to advise
applicants about available remedies
under the Convention; and to provide
the information necessary to the foreign
Central Authority in its efforts to locate
the child or children, and to facilitate
return of or access to the child or
children pursuant to the Convention.
Methodology
Dated: June 20, 2006.
Catherine Barry,
Deputy Assistant Secretary, Consular Affairs,
Overseas Citizens Services, Department of
State.
[FR Doc. E6–10442 Filed 7–3–06; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
[Public Notice 5460]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘The
Arts in Latin America, 1492–1820’’
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Dated: June 19, 2006.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. E6–10446 Filed 7–3–06; 8:45 am]
BILLING CODE 4710–05–P
The CA/OCS/CI contact collects the
necessary information via mail, fax, or
electronic submission.
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, Delegation of Authority
No. 236 of October 19, 1999, 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 ‘‘The Arts in
Latin America, 1492–1820,’’ 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 owners or custodians. I also
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determine that the exhibition or display
of the exhibit objects at The
Philadelphia Museum of Art,
Philadelphia, Pennsylvania, from on or
about September 17, 2006, until on or
about December 31, 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, including a list of
the exhibit objects, contact Richard
Lahne, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/453–8058). The address
is U.S. Department of State, SA–44, 301
4th Street, SW., Room 700, Washington,
DC 20547–0001.
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DEPARTMENT OF STATE
[Delegation of Authority 293]
Delegation of Authority by the
Secretary of State to Officers of the
Department of State and the
Administrator of the U.S. Agency for
International Development of
Authorities Under the Foreign
Assistance Act of 1961 and Other
Related Acts
By virtue of the authority vested in
me as Secretary of State by the laws of
the United States, including the Foreign
Assistance Act of 1961, as amended, (22
U.S.C. 2151 et seq.) (the Act), Executive
Order 12163 of September 29, 1979, as
amended (44 FR 56673) (the Order), the
Migration and Refugee Assistance Act of
1962 (22 U.S.C 2601), and section 1 of
the State Department Basic Authorities
Act, as amended (22 U.S.C. 2651a), I
hereby delegate the following functions
to the extent authorized by law:
Section 1. Functions Delegated to the
Director of Foreign Assistance
Exclusive of the functions otherwise
reserved to the Secretary of State herein,
there are hereby delegated to the
Director of Foreign Assistance:
(a) The functions conferred upon the
Secretary of State by sections 101(b),
531(b) and 622(c) of the Act, section 2(b)
of the Arms Export Control Act, and
section 1523 of the Foreign Affairs
Reform and Restructuring Act of 1998
(22 U.S.C. 6593), including the authority
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to provide for continuous supervision
and general direction of development
and other economic assistance, military
assistance, military education and
training, and foreign military financing,
designing a U.S. foreign assistance
strategy and budgetary approach,
determining whether there shall be a
program for a country and the amount
thereof, and approving the programming
of foreign assistance.
(b) The functions conferred upon the
Secretary by section 1–100 of the Order
and section 1 of Executive Order 11077
of January 22, 1963 (28 FR 629) insofar
as such functions are necessary to
approve assistance and programs under
chapters 3 and 8 of Part I of the Act, Part
II of the Act (including chapters 4, 6 and
8 thereof), and the Migration and
Refugee Assistance Act of 1962 (22
U.S.C 2601) as part of a coordinated
U.S. foreign assistance strategy.
Section 2. Functions Delegated to Other
Officers of the Department of State
Exclusive of the functions reserved to
the Secretary or delegated by section 1,
the following functions are delegated to
officers of the Department of State as
indicated:
(a) To the Under Secretary for Arms
Control and International Security:
(1) The functions conferred on the
Secretary by Executive Order 11958 of
January 18, 1977 (42 FR 4311) relating
to sales and exports under the Arms
Export Control Act (22 U.S.C. 2751 et
seq.).
(2) The functions conferred upon the
Secretary of State by statute or by
section 2(b) of the Arms Export Control
Act relating to continuous supervision
and general direction of military sales
and exports, including, but not limited
to, whether there shall be a military sale
or export for a country and the value
thereof, to the end that such sales and
exports are effectively integrated both at
home and abroad and the foreign policy
of the United States is best served
thereby.
(3) The functions conferred on the
Secretary of State by section 374 of Title
10, United States Code and other
authorities and responsibilities of the
Secretary of State related to the
provision of Department of Defense
equipment and services for narcoticsrelated purposes.
(4) The functions conferred upon the
Secretary of State by—
(A) Sections 39 and 42(b) of the Arms
Export Control Act (22 U.S.C. 2751);
(B) Section 504 of the Foreign
Relations Authorization Act, fiscal year
1979 (22 U.S.C. 2656d);
(C) Section 1454(d)(1) of the
Department of Defense Authorization
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Act, Fiscal Year 1986 (Pub. L. 99–145,
10 U.S.C. 2547(d)(1)), and (to the extent
not otherwise expressly delegated or
reserved) other authorities and
responsibilities of the Secretary of State
relating to the provision of Department
of Defense equipment or services for
humanitarian purposes;
(D) Section 1324(a) of Title XII of the
Defense Authorization Act, Fiscal Year
1996 (Pub. L. 104–106); and
(E) Section 585 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
Fiscal Year 1997, as enacted in Public
Law 104–208.
(5) The functions conferred on the
President by—
(A) Section 8(d) of the act of January
12, 1971 to amend the Foreign Military
Sales Act (22 U.S.C. 2321b(d));
(B) Section 607 of the International
Security Assistance and Arms Export
Control Act of 1976 (22 U.S.C. 2394a);
and
(C) Section 1540(b)(1)(A) of the
Department of Defense Authorization
Act, Fiscal Year 1985 (Pub. L. 98–525),
to be exercised in consultation with the
Secretary of Defense.
(6) The function of consultation,
pursuant to the Order and Executive
Order 11958 of January 18, 1977 (42 FR
4311), with the Secretary of Defense, the
Director of the Office of Management
and Budget, and the Administrator of
the United States Agency for
International Development (USAID).
(7) To the extent that such functions
were delegated to the Secretary of State
pursuant to Executive Order 12851 of
June 11, 1993 (58 FR 33181), the
functions conferred on the Secretary of
State by sections 1701–1703 of the
National Defense Authorization Act for
Fiscal Year 1991 (NDAA) (Pub. L. 101–
510; 50 U.S.C. App. 2402 note, 2405,
2410(b); 22 U.S.C. 2797–2797c), and all
functions conferred on the President by
sections 1701–1703 of the NDAA;
sections 303, 324, and 401–405 of the
Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Pub. L.
102–138); sections 305, 306, 308, and all
of section 307 with the exception of
subsection 307(b)(2)(F)(ii), of the
Chemical and Biological Weapons
Control and Warfare Elimination Act of
1991 (Pub. L. 102–182; 50 U.S.C. App.
2410c; 22 U.S.C. 2798, 5604–5606);
sections 241 and 1097 of the National
Defense Authorization Act of 1992 and
1993 (Pub. L. 102–190); and section
1364 of the National Defense
Authorization Act for Fiscal Year 1993
(Pub. L. 102–484).
(8) The functions specified in sections
504 and 508(b) of the FREEDOM
Support Act (22 U.S.C. 5801 et seq.).
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(9) The function specified in section
5 of the United Nations Participation
Act of 1945, as amended (22 U.S.C.
287c), relating to the implementation of
United Nations arms embargoes, to the
extent that such functions were
delegated to the Secretary of State
pursuant to Executive Order 12918 of
May 26, 1994 (59 FR 28205).
(10) The functions specified in the
Iran-Iraq Arms Non-Proliferation Act of
1992 (Pub. L. 102–484), to the extent
that such functions were delegated to
the Secretary of State pursuant to the
Presidential Memorandum Delegation of
Authority dated September 27, 1994.
(11) The functions conferred on the
Secretary of State in Executive Order
12938 of November 14, 1994 (59 FR
59099).
(12) The functions conferred on the
Secretary by the Chemical Weapons
Convention Implementation Act of 1998
(as contained in Pub. L. 105–277).
(13) The functions that were vested in
the United States Arms Control and
Disarmament Agency before the
effective date described in section 1201
of the Foreign Affairs Reform and
Restructuring Act of 1998 (as contained
in Pub. L. 105–277), including any
functions conferred on the Director or
any officer or employee of that agency,
and that are now conferred on the
Secretary pursuant to the provisions of
the Act (including amendments made
by that Act).
(b) To the Under Secretary for
Management:
(1) The function of consultation with
the Administrator of USAID under the
Order with respect to maximum
compatibility in the administration of
the Foreign Service personnel system;
and
(2) The function conferred on the
Secretary of State by section 514 of the
Mutual Security Act of 1954 (22 U.S.C.
1766).
(c) To the Under Secretary for
Economic, Business and Agricultural
Affairs:
The functions conferred upon the
Secretary of State by section 574 of the
Foreign Operations, Export Financing,
and Related Programs Appropriations
Act, 1996 (Pub. L. 104–107).
(d) To the Assistant Secretary for
Economic and Business Affairs:
(1) The functions conferred upon the
Secretary of State by sections 5(k) and
6(k) of the Export Administration Act of
1979 (50 U.S.C. App. 2404(k), 2405(k))
and the functions under sections 5(f)(4),
5(i), and 6(g) of such Act conferred upon
the Secretary of State by section 1–
102(b) of Executive Order 12214 of May
2, 1980 (45 FR 29783), relating to
negotiations with other countries,
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subject to the concurrences required by
the Department of State Circular 175
Procedure;
(2) Those functions conferred upon
the President by section 601(b)(6) of the
Act; and
(3) The function conferred upon the
Secretary of State by section 3(b) of
Executive Order 10900 of January 5,
1961 (26 FR 143) of ensuring that all
functions exercised under the
Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et
seq.) are consistent with the foreign
policy of the United States.
(e) To the Assistant Secretaries:
(1) Principal responsibility consistent
with section 1–604 of the Order for
concurrence of the Department of State,
with the approval of the Legal Adviser
and in accordance with the Circular 175
Procedure, in the negotiation,
conclusion, and termination of
international agreements relevant to
their respective areas of responsibility
by USAID pursuant to international
agreement authorities conferred upon by
USAID by statute, Executive Order,
delegation of authority, or otherwise;
(2) The functions which may be
necessary and appropriate to implement
the programs and activities for which
they are responsible.
(f) To the Legal Adviser:
(1) The functions conferred upon the
President by sections 601(b)(3),
601(b)(4), and 620(e)(2) of the Act.
(2) Responsibility for ensuring
compliance with the Case Act (1 U.S.C.
112b) and applicable regulations and
procedures, including the Circular 175
Procedure, with respect to international
agreements.
(g) To the Assistant Secretary for
International Narcotics and Law
Enforcement Affairs:
(1) The functions of negotiating,
concluding, and terminating
international agreements relating to
international narcotics control and
anticrime programs subject to the
concurrences required by the Circular
175 Procedure; and
(2) The functions conferred upon the
President by section 487 of the Act,
together with all those authorities
contained in the Act to the extent
necessary or appropriate to accomplish
the purpose of the Act.
(h) To the Assistant Secretary for
International Organization Affairs:
The functions conferred upon the
President by chapter 3 of part 1 of the
Act. The functions under sections
301(d) and (e) shall be exercised in
consultation with the Administrator of
USAID insofar as they relate to
international organizations and
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programs whose purpose is primarily
developmental.
(i) To the Coordinator for
Counterterrorism:
The functions conferred upon the
President by chapter 8 of part II of the
Act.
(j) To the Assistant Secretaries for
International Organization Affairs,
International Narcotics and Law
Enforcement Affairs, the Coordinator for
Counterterrorism, and the Assistant
Secretary for Western Hemisphere
Affairs with regard to the functions
delegated to them herein:
The functions conferred upon the
President by section 4 of Executive
Order 11223 of May 12, 1965 (30 FR
6635).
(k) To the Coordinator for East
European Assistance and the Special
Advisor to the President and the
Secretary of State on Assistance to the
New Independent States:
(1) The functions conferred upon the
President by section 577 of the Foreign
Operations Act, Fiscal Year 1999 (as
included in Pub. L. 105–277) and
section 201 of the Support for East
European Democracy (SEED) Act of
1989, insofar as such functions relate to
programs within their respective areas
of responsibility; and
(2) The functions that may be
necessary and appropriate to implement
programs and activities for which they
are responsible.
(l) To the Global AIDS Coordinator:
(1) The functions conferred upon the
President by sections 202(c), 305, and
313 of the United States Leadership
Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Pub. L. 108–25),
and by section 104A(e) of the Act of
1961, to provide the specified reports to
the Congress;
(2) The functions conferred upon the
President by section 101 of Public Law
108–25 to establish a comprehensive,
integrated, 5-year strategy to combat
global HIV/AIDS and to submit to the
appropriate congressional committees a
report setting forth the strategy; and
(3) The functions conferred upon the
Secretary by section 525 of Public Law
108–447 regarding the certification of
specified benchmarks for the Global
Fund to Fight AIDS, Tuberculosis and
Malaria (the Global Fund).
Section 3. Functions Delegated to the
Administrator of the United States
Agency for International Development
(a) Exclusive of the functions
otherwise delegated by or reserved to
the Secretary of State herein, there are
hereby delegated to the Administrator of
the United States Agency for
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International Development (the
Administrator):
(1) The functions conferred upon the
President by part I of the Act (including
chapter 4 of part II thereof);
(2) The functions conferred upon the
President by section 653 of the Act
insofar as such functions relate to
chapters 1, 10, and 11 of part I of the
Act and funds appropriated under the
heading ‘‘Assistance for Eastern Europe
and the Baltic States’’;
(3)(A) the functions conferred upon
the President by—
(i) Sections 301(a) and 307 of the
FREEDOM Support Act (22 U.S.C.
5801), except insofar as provided
otherwise in section 2(b) of Executive
Order 12884 of December 1, 1993 (58 FR
64099);
(ii) Sections 498 and 498C(b)(2) of the
Act;
(iii) Paragraph (3) of section 498A(c)
of the Act and the requirement to make
reports under that section regarding
determinations under that paragraph;
(iv) Subsection (d) under the heading
‘‘Assistance for the New Independent
States of the Former Soviet Union’’
contained in title II of Public Law 102–
391; and
(v) Section 592 of Public Law 102–
391, except to the extent otherwise
provided in section 5(b) of Executive
Order 12884.
(B) Such functions shall be exercised
subject to the authority of the
Coordinator under section 102(a) of the
FREEDOM Support Act or otherwise;
(4) The function conferred upon the
President by the third proviso under the
heading ‘‘Development Assistance’’
contained in title II of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
Fiscal Year 1999 (as contained in Pub.
L. 105–277), insofar as such functions
relate to part I (including chapter 4 of
part II) of the Act, excluding section 129
thereof relating to technical assistance
to foreign governments and chapter 3
thereof;
(5) The functions conferred upon the
President by section 518 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
Fiscal Year 1999 (as contained in Pub.
L. 105–277), insofar as such functions
relate to part I (including chapter 4 of
part II) of the Act, excluding section 129
thereof relating to technical assistance
to foreign governments and chapter 3
thereof;
(6) The functions conferred upon the
President by section 577 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
Fiscal Year 1999 (as contained in Pub.
L. 105–277), insofar as such functions
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relate to chapters 1 and 10 of part I, and
chapter 4 of part II, of the Act;
(7) The functions conferred upon the
President by section 591 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
Fiscal Year 1998 (as contained in Pub.
L. 105–118), and the provisions of the
law referenced therein;
(8) The functions conferred upon the
President by section 572 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
Fiscal Year 1989 (as contained in Pub.
L. 100–461), which shall be exercised in
consultation with the Secretary of State
and the Director of the Office of
Management and Budget;
(9) Those functions conferred upon
the Secretary of State by sections 4 and
7 of Executive Order 11269 of February
14, 1966 (31 FR 2813), relating to the
National Advisory Council on
International Monetary and Financial
Policies; and
(10) The functions of negotiating,
concluding, and terminating
international agreements under part I of
the Act (including chapter 4 of part II
thereof), with respect to programs
administered by USAID.
(b) The delegated functions under
sections 491(b) and 491(c) of the Act
shall be exercised in consultation with
the Director of Foreign Assistance.
(c) The delegated functions under
sections 627, 628, 630(3), and 666 of the
Act shall be exercised in consultation
with the Under Secretary for
Management.
(d) The delegated functions under
section 534 of the Act (with the
exception of those contained in
subsection (b)(3)) shall be exercised in
cooperation with the appropriate
Assistant Secretaries of State.
Section 4. Functions Delegated to Other
Agencies
To the heads of other agencies
implementing functions under the Act,
those functions contained in the Act
that may be necessary or appropriate to
carry out such functions.
Section 5. Functions Reserved to the
Secretary of State
There are hereby reserved to the
Secretary of State:
(a) The functions conferred upon the
President by sections 239(f), 451, 462,
502B, 505(b), 533(b), 614(b), 620(c),
620(e)(1), 620(f), 620(g), 620(q), and
620C(c) of the Act.
(b) In keeping with USAID’s status as
a distinct agency and recognizing that
the Administrator is under the
Secretary’s direct authority and foreign
policy guidance, the Secretary shall
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review USAID’s strategic plan and
annual performance plan, annual budget
submission and appeals, allocations and
significant (in terms of policy or money)
reprogrammings of development and
other economic assistance.
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Section 6. Allocation of Funds
There are hereby allocated to the
Administrator those funds allocated to
the Secretary of State by section 1–
800(a) of the Order that are appropriated
for the purposes of part I of the Act,
except for chapters 3 and 8, and chapter
4 of part II. There are allocated to the
Director of Foreign Assistance those
funds allocated to the Secretary of State
by section 1–800(a) of the Order that are
appropriated for purposes of chapters 3
and 8 of part I of the Act and all of part
II of the Act, except for chapter 4.
Section 7. General Provisions
(a) Department of State Delegation of
Authority No. 145 of February 4, 1980,
as amended, is revoked.
(b) As used in this delegation of
authority, the word ‘‘function’’ includes
any duty, obligation, power, authority,
responsibility, right, privilege,
discretion or activity.
(c) Any reference in this delegation of
authority to any act, order,
determination, delegation of authority,
regulation, or procedure shall be
deemed to be a reference to such act,
order, determination, delegation of
authority, regulation or procedure as
amended from time to time.
(d) Any officer to whom functions are
delegated by this delegation of authority
may, to the extent consistent with law:
(1) Redelegate such functions and
authorize their successive redelegation,
(2) Promulgate such rules and
regulations as may be necessary to carry
out such functions, and
(3) Exercise the functions that may be
necessary or appropriate to carry out the
programs and activities for which
authority is delegated to them under
this Delegation.
(e) Any officer performing functions
under the Act may perform the
functions conferred upon the President
by section 634B of the Act insofar as
they relate to the performance of those
functions.
(f) Except to the extent inconsistent
with this delegation of authority, all
delegations of authority, determinations,
authorizations, regulations, rulings,
certificates, orders, contracts,
agreements, and other actions made,
issued or entered into with respect to
any function affected by this delegation
of authority and not revoked,
superseded, or otherwise made
inapplicable before the effective date of
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this delegation of authority, shall
continue in full force and effect until
modified, amended or terminated by
appropriate authority; and
(g) Nothing in this delegation shall be
interpreted in a manner inconsistent
with the Chief Financial Officers Act.
(h) Any reference in this delegation of
authority to any act, order,
determination, delegation of authority,
regulation, or procedure shall be
deemed to apply to any provision of law
that is the same or substantially the
same as such act, order, determination,
delegation of authority, regulation, or
procedure.
(i) Notwithstanding any provision of
this delegation of authority, the
Secretary of State or the Deputy
Secretary of State may at any time
exercise any function delegated or
reserved by this delegation of authority.
Dated: June 2, 2006.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. E6–10451 Filed 7–3–06; 8:45 am]
BILLING CODE 4710–08–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
In the Matter of the Trade Name Issued
to Hyannis Air Service, Inc. d/b/a Cape
Air d/b/a Nantucket Airlines
Department of Transportation.
Notice of Order to Show Cause
(Order 2006–6–36), Docket OST–2006–
25256.
AGENCY:
ACTION:
SUMMARY: The Department of
Transportation is directing all interested
persons to show cause why it should
not issue an order revoking the
registration of the trade name
‘‘Nantucket Shuttle’’ issued to Hyannis
Air Service, Inc. d/b/a Cape Air d/b/a
Nantucket Airlines.
DATES: Persons wishing to file
objections should do so no later than
July 12, 2006.
ADDRESSES: Objections and answers to
objections should be filed in Docket
OST–2006–25256 and addressed to U.S.
Department of Transportation, Docket
Operations, (M–30, Room PL–401), 400
Seventh Street, SW., Washington, DC
20590, and should be served upon the
parties listed in Attachment A to the
order.
FOR FURTHER INFORMATION CONTACT:
William M. Bertram, Chief, Air Carrier
Fitness Division (X–56, Room 6401),
U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590, (202) 366–9721.
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Dated: June 28, 2006.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and
International Affairs.
[FR Doc. E6–10460 Filed 7–3–06; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Availability of Draft Advisory
Circulars, Other Policy Documents and
Proposed Technical Standard Orders
Federal Aviation
Administration (FAA), DOT.
ACTION: This is a recurring Notice of
Availability, and request for comments,
on the draft advisory circulars (ACs),
other policy documents, and proposed
technical standard orders (TSOs)
currently offered by the Aircraft
Certification Service.
AGENCY:
SUMMARY: The FAA’s Aircraft
Certification Service publishes proposed
non-regulatory documents that are
available for public comment on the
Internet at https://www.faa.gov/aircraft/
draft_docs/.
DATES: We must receive comments on or
before the due date for each document
as specified on the Web site.
ADDRESSES: Send comments on
proposed documents to the Federal
Aviation Administration at the address
specified on the Web site for the
document being commented on, to the
attention of the individual and office
identified as point of contact for the
document.
See
the individual or FAA office identified
on the Web site for the specified
document.
FOR FURTHER INFORMATION CONTACT:
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[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Notices]
[Pages 38202-38205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10451]
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DEPARTMENT OF STATE
[Delegation of Authority 293]
Delegation of Authority by the Secretary of State to Officers of
the Department of State and the Administrator of the U.S. Agency for
International Development of Authorities Under the Foreign Assistance
Act of 1961 and Other Related Acts
By virtue of the authority vested in me as Secretary of State by
the laws of the United States, including the Foreign Assistance Act of
1961, as amended, (22 U.S.C. 2151 et seq.) (the Act), Executive Order
12163 of September 29, 1979, as amended (44 FR 56673) (the Order), the
Migration and Refugee Assistance Act of 1962 (22 U.S.C 2601), and
section 1 of the State Department Basic Authorities Act, as amended (22
U.S.C. 2651a), I hereby delegate the following functions to the extent
authorized by law:
Section 1. Functions Delegated to the Director of Foreign Assistance
Exclusive of the functions otherwise reserved to the Secretary of
State herein, there are hereby delegated to the Director of Foreign
Assistance:
(a) The functions conferred upon the Secretary of State by sections
101(b), 531(b) and 622(c) of the Act, section 2(b) of the Arms Export
Control Act, and section 1523 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6593), including the authority to
provide for continuous supervision and general direction of development
and other economic assistance, military assistance, military education
and training, and foreign military financing, designing a U.S. foreign
assistance strategy and budgetary approach, determining whether there
shall be a program for a country and the amount thereof, and approving
the programming of foreign assistance.
(b) The functions conferred upon the Secretary by section 1-100 of
the Order and section 1 of Executive Order 11077 of January 22, 1963
(28 FR 629) insofar as such functions are necessary to approve
assistance and programs under chapters 3 and 8 of Part I of the Act,
Part II of the Act (including chapters 4, 6 and 8 thereof), and the
Migration and Refugee Assistance Act of 1962 (22 U.S.C 2601) as part of
a coordinated U.S. foreign assistance strategy.
Section 2. Functions Delegated to Other Officers of the Department of
State
Exclusive of the functions reserved to the Secretary or delegated
by section 1, the following functions are delegated to officers of the
Department of State as indicated:
(a) To the Under Secretary for Arms Control and International
Security:
(1) The functions conferred on the Secretary by Executive Order
11958 of January 18, 1977 (42 FR 4311) relating to sales and exports
under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(2) The functions conferred upon the Secretary of State by statute
or by section 2(b) of the Arms Export Control Act relating to
continuous supervision and general direction of military sales and
exports, including, but not limited to, whether there shall be a
military sale or export for a country and the value thereof, to the end
that such sales and exports are effectively integrated both at home and
abroad and the foreign policy of the United States is best served
thereby.
(3) The functions conferred on the Secretary of State by section
374 of Title 10, United States Code and other authorities and
responsibilities of the Secretary of State related to the provision of
Department of Defense equipment and services for narcotics-related
purposes.
(4) The functions conferred upon the Secretary of State by--
(A) Sections 39 and 42(b) of the Arms Export Control Act (22 U.S.C.
2751);
(B) Section 504 of the Foreign Relations Authorization Act, fiscal
year 1979 (22 U.S.C. 2656d);
(C) Section 1454(d)(1) of the Department of Defense Authorization
[[Page 38203]]
Act, Fiscal Year 1986 (Pub. L. 99-145, 10 U.S.C. 2547(d)(1)), and (to
the extent not otherwise expressly delegated or reserved) other
authorities and responsibilities of the Secretary of State relating to
the provision of Department of Defense equipment or services for
humanitarian purposes;
(D) Section 1324(a) of Title XII of the Defense Authorization Act,
Fiscal Year 1996 (Pub. L. 104-106); and
(E) Section 585 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, Fiscal Year 1997, as enacted in
Public Law 104-208.
(5) The functions conferred on the President by--
(A) Section 8(d) of the act of January 12, 1971 to amend the
Foreign Military Sales Act (22 U.S.C. 2321b(d));
(B) Section 607 of the International Security Assistance and Arms
Export Control Act of 1976 (22 U.S.C. 2394a); and
(C) Section 1540(b)(1)(A) of the Department of Defense
Authorization Act, Fiscal Year 1985 (Pub. L. 98-525), to be exercised
in consultation with the Secretary of Defense.
(6) The function of consultation, pursuant to the Order and
Executive Order 11958 of January 18, 1977 (42 FR 4311), with the
Secretary of Defense, the Director of the Office of Management and
Budget, and the Administrator of the United States Agency for
International Development (USAID).
(7) To the extent that such functions were delegated to the
Secretary of State pursuant to Executive Order 12851 of June 11, 1993
(58 FR 33181), the functions conferred on the Secretary of State by
sections 1701-1703 of the National Defense Authorization Act for Fiscal
Year 1991 (NDAA) (Pub. L. 101-510; 50 U.S.C. App. 2402 note, 2405,
2410(b); 22 U.S.C. 2797-2797c), and all functions conferred on the
President by sections 1701-1703 of the NDAA; sections 303, 324, and
401-405 of the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993 (Pub. L. 102-138); sections 305, 306, 308, and all of section
307 with the exception of subsection 307(b)(2)(F)(ii), of the Chemical
and Biological Weapons Control and Warfare Elimination Act of 1991
(Pub. L. 102-182; 50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-5606);
sections 241 and 1097 of the National Defense Authorization Act of 1992
and 1993 (Pub. L. 102-190); and section 1364 of the National Defense
Authorization Act for Fiscal Year 1993 (Pub. L. 102-484).
(8) The functions specified in sections 504 and 508(b) of the
FREEDOM Support Act (22 U.S.C. 5801 et seq.).
(9) The function specified in section 5 of the United Nations
Participation Act of 1945, as amended (22 U.S.C. 287c), relating to the
implementation of United Nations arms embargoes, to the extent that
such functions were delegated to the Secretary of State pursuant to
Executive Order 12918 of May 26, 1994 (59 FR 28205).
(10) The functions specified in the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Pub. L. 102-484), to the extent that such
functions were delegated to the Secretary of State pursuant to the
Presidential Memorandum Delegation of Authority dated September 27,
1994.
(11) The functions conferred on the Secretary of State in Executive
Order 12938 of November 14, 1994 (59 FR 59099).
(12) The functions conferred on the Secretary by the Chemical
Weapons Convention Implementation Act of 1998 (as contained in Pub. L.
105-277).
(13) The functions that were vested in the United States Arms
Control and Disarmament Agency before the effective date described in
section 1201 of the Foreign Affairs Reform and Restructuring Act of
1998 (as contained in Pub. L. 105-277), including any functions
conferred on the Director or any officer or employee of that agency,
and that are now conferred on the Secretary pursuant to the provisions
of the Act (including amendments made by that Act).
(b) To the Under Secretary for Management:
(1) The function of consultation with the Administrator of USAID
under the Order with respect to maximum compatibility in the
administration of the Foreign Service personnel system; and
(2) The function conferred on the Secretary of State by section 514
of the Mutual Security Act of 1954 (22 U.S.C. 1766).
(c) To the Under Secretary for Economic, Business and Agricultural
Affairs:
The functions conferred upon the Secretary of State by section 574
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (Pub. L. 104-107).
(d) To the Assistant Secretary for Economic and Business Affairs:
(1) The functions conferred upon the Secretary of State by sections
5(k) and 6(k) of the Export Administration Act of 1979 (50 U.S.C. App.
2404(k), 2405(k)) and the functions under sections 5(f)(4), 5(i), and
6(g) of such Act conferred upon the Secretary of State by section 1-
102(b) of Executive Order 12214 of May 2, 1980 (45 FR 29783), relating
to negotiations with other countries, subject to the concurrences
required by the Department of State Circular 175 Procedure;
(2) Those functions conferred upon the President by section
601(b)(6) of the Act; and
(3) The function conferred upon the Secretary of State by section
3(b) of Executive Order 10900 of January 5, 1961 (26 FR 143) of
ensuring that all functions exercised under the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) are
consistent with the foreign policy of the United States.
(e) To the Assistant Secretaries:
(1) Principal responsibility consistent with section 1-604 of the
Order for concurrence of the Department of State, with the approval of
the Legal Adviser and in accordance with the Circular 175 Procedure, in
the negotiation, conclusion, and termination of international
agreements relevant to their respective areas of responsibility by
USAID pursuant to international agreement authorities conferred upon by
USAID by statute, Executive Order, delegation of authority, or
otherwise;
(2) The functions which may be necessary and appropriate to
implement the programs and activities for which they are responsible.
(f) To the Legal Adviser:
(1) The functions conferred upon the President by sections
601(b)(3), 601(b)(4), and 620(e)(2) of the Act.
(2) Responsibility for ensuring compliance with the Case Act (1
U.S.C. 112b) and applicable regulations and procedures, including the
Circular 175 Procedure, with respect to international agreements.
(g) To the Assistant Secretary for International Narcotics and Law
Enforcement Affairs:
(1) The functions of negotiating, concluding, and terminating
international agreements relating to international narcotics control
and anticrime programs subject to the concurrences required by the
Circular 175 Procedure; and
(2) The functions conferred upon the President by section 487 of
the Act, together with all those authorities contained in the Act to
the extent necessary or appropriate to accomplish the purpose of the
Act.
(h) To the Assistant Secretary for International Organization
Affairs:
The functions conferred upon the President by chapter 3 of part 1
of the Act. The functions under sections 301(d) and (e) shall be
exercised in consultation with the Administrator of USAID insofar as
they relate to international organizations and
[[Page 38204]]
programs whose purpose is primarily developmental.
(i) To the Coordinator for Counterterrorism:
The functions conferred upon the President by chapter 8 of part II
of the Act.
(j) To the Assistant Secretaries for International Organization
Affairs, International Narcotics and Law Enforcement Affairs, the
Coordinator for Counterterrorism, and the Assistant Secretary for
Western Hemisphere Affairs with regard to the functions delegated to
them herein:
The functions conferred upon the President by section 4 of
Executive Order 11223 of May 12, 1965 (30 FR 6635).
(k) To the Coordinator for East European Assistance and the Special
Advisor to the President and the Secretary of State on Assistance to
the New Independent States:
(1) The functions conferred upon the President by section 577 of
the Foreign Operations Act, Fiscal Year 1999 (as included in Pub. L.
105-277) and section 201 of the Support for East European Democracy
(SEED) Act of 1989, insofar as such functions relate to programs within
their respective areas of responsibility; and
(2) The functions that may be necessary and appropriate to
implement programs and activities for which they are responsible.
(l) To the Global AIDS Coordinator:
(1) The functions conferred upon the President by sections 202(c),
305, and 313 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Pub. L. 108-25), and by section
104A(e) of the Act of 1961, to provide the specified reports to the
Congress;
(2) The functions conferred upon the President by section 101 of
Public Law 108-25 to establish a comprehensive, integrated, 5-year
strategy to combat global HIV/AIDS and to submit to the appropriate
congressional committees a report setting forth the strategy; and
(3) The functions conferred upon the Secretary by section 525 of
Public Law 108-447 regarding the certification of specified benchmarks
for the Global Fund to Fight AIDS, Tuberculosis and Malaria (the Global
Fund).
Section 3. Functions Delegated to the Administrator of the United
States Agency for International Development
(a) Exclusive of the functions otherwise delegated by or reserved
to the Secretary of State herein, there are hereby delegated to the
Administrator of the United States Agency for International Development
(the Administrator):
(1) The functions conferred upon the President by part I of the Act
(including chapter 4 of part II thereof);
(2) The functions conferred upon the President by section 653 of
the Act insofar as such functions relate to chapters 1, 10, and 11 of
part I of the Act and funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'';
(3)(A) the functions conferred upon the President by--
(i) Sections 301(a) and 307 of the FREEDOM Support Act (22 U.S.C.
5801), except insofar as provided otherwise in section 2(b) of
Executive Order 12884 of December 1, 1993 (58 FR 64099);
(ii) Sections 498 and 498C(b)(2) of the Act;
(iii) Paragraph (3) of section 498A(c) of the Act and the
requirement to make reports under that section regarding determinations
under that paragraph;
(iv) Subsection (d) under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' contained in title II
of Public Law 102-391; and
(v) Section 592 of Public Law 102-391, except to the extent
otherwise provided in section 5(b) of Executive Order 12884.
(B) Such functions shall be exercised subject to the authority of
the Coordinator under section 102(a) of the FREEDOM Support Act or
otherwise;
(4) The function conferred upon the President by the third proviso
under the heading ``Development Assistance'' contained in title II of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277),
insofar as such functions relate to part I (including chapter 4 of part
II) of the Act, excluding section 129 thereof relating to technical
assistance to foreign governments and chapter 3 thereof;
(5) The functions conferred upon the President by section 518 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277),
insofar as such functions relate to part I (including chapter 4 of part
II) of the Act, excluding section 129 thereof relating to technical
assistance to foreign governments and chapter 3 thereof;
(6) The functions conferred upon the President by section 577 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277),
insofar as such functions relate to chapters 1 and 10 of part I, and
chapter 4 of part II, of the Act;
(7) The functions conferred upon the President by section 591 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1998 (as contained in Pub. L. 105-118),
and the provisions of the law referenced therein;
(8) The functions conferred upon the President by section 572 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1989 (as contained in Pub. L. 100-461),
which shall be exercised in consultation with the Secretary of State
and the Director of the Office of Management and Budget;
(9) Those functions conferred upon the Secretary of State by
sections 4 and 7 of Executive Order 11269 of February 14, 1966 (31 FR
2813), relating to the National Advisory Council on International
Monetary and Financial Policies; and
(10) The functions of negotiating, concluding, and terminating
international agreements under part I of the Act (including chapter 4
of part II thereof), with respect to programs administered by USAID.
(b) The delegated functions under sections 491(b) and 491(c) of the
Act shall be exercised in consultation with the Director of Foreign
Assistance.
(c) The delegated functions under sections 627, 628, 630(3), and
666 of the Act shall be exercised in consultation with the Under
Secretary for Management.
(d) The delegated functions under section 534 of the Act (with the
exception of those contained in subsection (b)(3)) shall be exercised
in cooperation with the appropriate Assistant Secretaries of State.
Section 4. Functions Delegated to Other Agencies
To the heads of other agencies implementing functions under the
Act, those functions contained in the Act that may be necessary or
appropriate to carry out such functions.
Section 5. Functions Reserved to the Secretary of State
There are hereby reserved to the Secretary of State:
(a) The functions conferred upon the President by sections 239(f),
451, 462, 502B, 505(b), 533(b), 614(b), 620(c), 620(e)(1), 620(f),
620(g), 620(q), and 620C(c) of the Act.
(b) In keeping with USAID's status as a distinct agency and
recognizing that the Administrator is under the Secretary's direct
authority and foreign policy guidance, the Secretary shall
[[Page 38205]]
review USAID's strategic plan and annual performance plan, annual
budget submission and appeals, allocations and significant (in terms of
policy or money) reprogrammings of development and other economic
assistance.
Section 6. Allocation of Funds
There are hereby allocated to the Administrator those funds
allocated to the Secretary of State by section 1-800(a) of the Order
that are appropriated for the purposes of part I of the Act, except for
chapters 3 and 8, and chapter 4 of part II. There are allocated to the
Director of Foreign Assistance those funds allocated to the Secretary
of State by section 1-800(a) of the Order that are appropriated for
purposes of chapters 3 and 8 of part I of the Act and all of part II of
the Act, except for chapter 4.
Section 7. General Provisions
(a) Department of State Delegation of Authority No. 145 of February
4, 1980, as amended, is revoked.
(b) As used in this delegation of authority, the word ``function''
includes any duty, obligation, power, authority, responsibility, right,
privilege, discretion or activity.
(c) Any reference in this delegation of authority to any act,
order, determination, delegation of authority, regulation, or procedure
shall be deemed to be a reference to such act, order, determination,
delegation of authority, regulation or procedure as amended from time
to time.
(d) Any officer to whom functions are delegated by this delegation
of authority may, to the extent consistent with law:
(1) Redelegate such functions and authorize their successive
redelegation,
(2) Promulgate such rules and regulations as may be necessary to
carry out such functions, and
(3) Exercise the functions that may be necessary or appropriate to
carry out the programs and activities for which authority is delegated
to them under this Delegation.
(e) Any officer performing functions under the Act may perform the
functions conferred upon the President by section 634B of the Act
insofar as they relate to the performance of those functions.
(f) Except to the extent inconsistent with this delegation of
authority, all delegations of authority, determinations,
authorizations, regulations, rulings, certificates, orders, contracts,
agreements, and other actions made, issued or entered into with respect
to any function affected by this delegation of authority and not
revoked, superseded, or otherwise made inapplicable before the
effective date of this delegation of authority, shall continue in full
force and effect until modified, amended or terminated by appropriate
authority; and
(g) Nothing in this delegation shall be interpreted in a manner
inconsistent with the Chief Financial Officers Act.
(h) Any reference in this delegation of authority to any act,
order, determination, delegation of authority, regulation, or procedure
shall be deemed to apply to any provision of law that is the same or
substantially the same as such act, order, determination, delegation of
authority, regulation, or procedure.
(i) Notwithstanding any provision of this delegation of authority,
the Secretary of State or the Deputy Secretary of State may at any time
exercise any function delegated or reserved by this delegation of
authority.
Dated: June 2, 2006.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. E6-10451 Filed 7-3-06; 8:45 am]
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