Department of State July 2008 – Federal Register Recent Federal Regulation Documents

The Department has determined that electronic scanned records of Category I nonimmigrant visa refusals and nonimmigrant visa applications (Form DS-156 [OMB-1405-018]) are to be treated as the official or original records of the Department of State. In accordance with The Government Paperwork Elimination Act (GPEA), the Department's scanned records are not to be denied legal effect, validity, or enforceability merely because they are in electronic form. In October 21, 1998, Congress enacted the Government Paperwork Elimination Act (GPEA) which required, when practicable, Federal agencies to use electronic processes to conduct agency business. The purpose of the GPEA was to preclude agencies or courts from systematically treating electronic documents and signatures less favorably than their paper counterparts. In accordance with the GPEA, the Department of State launched the electronic scanning initiative in October 2001, which began the scanning of Category I nonimmigrant visa refusal paper records at selected posts. By May 2004, the Department of State expanded this scanning initiative to all posts. As of March 31, 2008, the Department has maintained the scanning of all Category I nonimmigrant visa refusal paper records and has also expanded its scanning initiative to include the scanning of nonimmigrant visa applications (Form DS-156 [OMB-1405-0018]) at selected high-volume posts. By expanding the scanning initiative, the Department of State seeks to: Reduce costs associated with physical storage and improve access to these records with an electronic information management (EIM) interface. Manage millions of records and retrieve the ones that are needed expeditiously. Share documents with other offices or access them remotely while protecting confidential information. Create reports relating to case management, workload, and level-of-effort quantifications.

The Department of State is proposing to amend the International Traffic in Arms Regulations (ITAR) by increasing the registration fees, changing the registration renewal period, and making other minor administrative changes.

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 ``Captured Emotions: Baroque Painting in Bologna 1575-1725'' to be displayed at The J. Paul Getty Museum, Los Angeles, California, 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 determine that the exhibition or display of the exhibit and additional objects at The J. Paul Getty Museum, Los Angeles, California, from on or about December 16, 2008, until on or about May 3, 2009, and at possible additional exhibitions or 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 Wolodymyr Sulzynsky, Attorney- Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8050). The address is U.S. Department of State, SA- 44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

Pursuant to the authority in section 1(ii) of Executive Order 13382, ``Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters'', the Acting Under Secretary of State for Arms Control and International Security, in consultation with the Secretary of the Treasury and the Attorney General, has determined that two Iranian individuals and one entity, namely Rahim Safavi, Mohsen Fakhrizadeh and the TAMAS Company, have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery.

This interim final rule eliminates the Department's Board of Appellate Review (L/BAR), which had been authorized to review certain Department determinations, in particular those related to loss of citizenship and passport denials. Because L/BAR's jurisdiction has been superseded or made obsolete for several years, and in large part replaced by review of loss of citizenship and passport matters by the Department's Bureau of Consular Affairs, this rule eliminates L/BAR and authorizes on a discretionary basis an alternative, less cumbersome review of loss of nationality determinations by the Bureau of Consular Affairs.

The Advisory Committee on Historical Diplomatic Documentation will meet in the Department of State, 2201 ``C'' Street, NW., Washington, DC, September 8-9, 2008, in Conference Room 1498. Prior notification and a valid government-issued photo ID (such as driver's license, passport, U.S. government or military ID) are required for entrance into the building. Members of the public planning to attend must notify Nathaniel Smith, Office of the Historian (202-663-3268) no later than September 4, 2008, to provide date of birth, valid government-issued photo identification number and type (such as driver's license number/state, passport number/country, or U.S. government ID number/agency or military ID number/branch), and relevant telephone numbers. If you cannot provide one of the enumerated forms of ID, please consult with Nathaniel Smith for acceptable alternative forms of picture identification. The Committee will meet in open session from 1:30 p.m. through 3 p.m. on Monday, September 8, 2008, in the Department of State, 2201 ``C'' Street, NW., Washington, DC, in Conference Room 1498, to discuss declassification and transfer of Department of State records to the National Archives and Records Administration and the status of the Foreign Relations series. The remainder of the Committee's sessions from 3:15 p.m. until 4:30 p.m. on Monday, September 8, 2008, and 8 a.m. until 12 p.m. on Tuesday, September 9, 2008, will be closed in accordance with Section 10(d) of the Federal Advisory Committee Act (Pub. L. 92-463). The agenda calls for discussions of agency declassification decisions concerning the Foreign Relations series and other declassification issues. These are matters not subject to public disclosure under 5 U.S.C. 552b(c)(1) and the public interest requires that such activities be withheld from disclosure. Questions concerning the meeting should be directed to Marc J. Susser, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC 20520, telephone (202) 663-1123, (e-mail history@state.gov).

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 ``Art in the Age of Steam: Europe, America and the Railway, 1830-1960'', 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 determine that the exhibition or display of the exhibit objects at the Nelson-Atkins Museum of Art, Kansas City, MO, from on or about September 13, 2008, until on or about January 18, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

Notice is hereby given that the Department of State proposes to amend the Prefatory Statement of Routine Uses to Department of State Privacy Act Issuances, pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), and the Office of Management and Budget (OMB) Circular No. A-130, Appendix I. The Department's report was filed with the OMB on July 8, 2008. It is proposed that the amended Prefatory Statement notify individuals of an additional routine use of Privacy Act information. The OMB requires all federal agencies to be able to quickly and efficiently respond in the event of a breach of personally identifiable information and directed agencies to publish a routine use that will allow disclosure of Privacy Act information to persons and entities in a position to assist with notifying affected individuals, or playing a role in preventing, minimizing, or remedying any harm from a breach. The Department of State is proposing to add a new routine use that will allow it to meet the OMB objective of responding quickly and efficiently should such a breach occur. The new routine use will help the Department prevent, minimize, or remedy a data breach or compromise. All responses to a confirmed or suspected breach will be prepared on a case-by-case basis. The purpose of the amendment to the Prefatory Statement is to allow the Department to respond more quickly and efficiently in the event of a breach of personally identifiable information and, when necessary, to disclose information regarding the breach to individuals identified under the routine use, and to give the affected individuals full and fair notice of the extent of these potential disclosures. The proposed routine use is compatible with the purpose for which information maintained by the Department originally was collected. As indicated in the April 2007 Strategic Plan report issued by the President's Identity Theft Task Force (page 83) and OMB M-07-16, a routine use to provide for disclosure in connection with response and remedial efforts in the event of a breach of federal data qualifies as a necessary and proper use of informationa use that is in the best interest of both the individual and the public. Such a routine use will serve to protect the interests of the individuals whose information is at issue by allowing the Department to take appropriate steps to facilitate a timely and effective response, thereby improving its ability to prevent, minimize, or remedy any harm resulting from a compromise of data maintained in its systems of records. Additional editorial and housekeeping changes are also incorporated in the amended prefatory statement. In particular, these changes improve formatting to clarify that separate routine uses apply to potential disclosures to Courts and Contractors, and update references to potential recipients of terrorism-related information to specify the National Counterterrorism Center (instead of its precursor organization, the Terrorist Threat Integration Center) and the Department of Homeland Security. Any persons interested in commenting on this amendment to the Prefatory Statement of routine uses to Department of State Privacy Act Issuances may do so by submitting comments in writing to Margaret P. Grafeld, Director, Office of Information Programs and Services, A/ISS/ IPS, U.S. Department of State, SA-2, Washington, DC 20522-8001. The new routine use amendment to the Prefatory Statement of Routine Uses to Department of State Privacy Act Issuances will be effective 40 days from the date of publication, unless we receive comments that result in a contrary determination. The amendment will read as set forth below.

On June 20, 2008, notice was published on page 35189 of the Federal Register (volume 73, number 120) of determinations made by the Department of State pertaining to the exhibit, ``The Dead Sea Scrolls.'' The referenced notice is corrected as to an additional object to be included in the exhibition. Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, 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 additional object to be included in the exhibition ``The Dead Sea Scrolls'', imported from abroad for temporary exhibition within the United States, is of cultural significance. The additional object is imported pursuant to a loan agreement with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit object at The Jewish Museum, New York, New York, from on or about September 21, 2008, until on or about January 4, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

Since 1949 the Department of State (Department) has designated private sector and governmental entities to conduct training programs for eligible foreign nationals. For the past twenty years, such programs have included flight training activities. Currently, eight organizations facilitate the entry into the United States of approximately 350 foreign nationals annually for the purpose of flight training under the aegis of the Exchange Visitor Program and its J- visa. Regulations dealing specifically with flight training programs appear at 22 CFR 62.22(o). These eight Department of State designated flight schools are also certified by the Department of Homeland Security (DHS) to issue the Form I-20, which is needed to obtain an M visa. Regulations governing the M visa appear at 8 CFR 214.2(m). DHS is also responsible for the security-related screening of all alien flight training candidates. Regulations governing flight training candidate screening appear at 49 CFR 1552. In January 2006, the Department issued a Statement of Policy on J-1 Flight Training Programs (71 FR 3913, January 24, 2006) providing notice that it would henceforth not designate any new J visa flight training program sponsors; nor would it allow currently- designated flight training programs to expand their programs, pending a determination as to which Federal agency ultimately would assume sole responsibility for administering and monitoring these programs. In April 2006, the Department published proposed modifications to its regulations governing the Exchange Visitor Program's trainee category, including flight training. In response to this proposed rule and by letter dated May 30, 2006, the Office of Advocacy of the Small Business Administration opined, that if adopted, the Department's proposed modifications to 22 CFR 62.22(o), could have significant impact on a substantial number of small entities, in particular, flight training schools that sponsor alien flight candidates entering the United States on the J visa. Given this comment, the Department did not modify then existing flight training regulations when it adopted its Interim Final rule (72 FR 33669, June 19, 2007). In December 2007, the Department published a Final Rule (72 FR 72245, December 20, 2007) that permits the termination of designated programs that the Department determines no longer further its public diplomacy mission or compromises the national security of the United States (22 CFR 62.62). In adopting this provision, the Department explained that the Exchange Visitor Program is the cornerstone of the Department's public diplomacy efforts and integral to the furtherance of the President's Constitutional prerogatives in conducting foreign affairs (72 FR 62112). Pursuant to this regulatory authority, the Department hereby determines that all flight training programs no longer further the public diplomacy mission of the Department, and accordingly, effective June 1, 2010, the Department will terminate the Exchange Visitor Program sponsor designations of all eight sponsors of flight training programs. The Department's decision to eliminate flight training from the Exchange Visitor Program is based on thorough consideration and deliberation. As explained in its January 2006 Statement of Policy, the Department does not have the expertise and resources to monitor fully flight training programs and ensure their compliance with the national security concerns that underlie the Patriot Act (Pub. L. 107-56). Further, the Aviation and Transportation Security Act of 2001 (49 U.S.C. 44939), assigns to the Attorney General discretion to request a wide variety of information from alien flight candidates in order to determine whether such flight candidates present a threat to aviation or national security. In light of this statutory directive, DHS issued an Interim Final Rule on September 20, 2004, assigning full responsibility for the screening of alien flight training candidates to DHS. Finally, all Department designated flight training sponsors are certified by the Department of Homeland Security to issue the Form I-20 and thereby permit foreign nationals to participate in flight training programs under the M visa. As all eight existing Department of State designated sponsors may continue, without interruption, the administration of flight training programs for foreign nationals, the Department believes that concerns raised by the Office of Advocacy of the Small Business Administration are outweighed by the security interests of the Government. The Department's position is sound given the expertise of DHS to administer and monitor such programs, efficiencies of government operation, and the security issues inherent in flight training. The flight training sponsors will continue to have obligations to their exchange visitors pursuant to 22 CFR 62.63: they must fulfill their responsibilities to all exchange visitors who are in the United States at the time of their program termination until the individual's exchange program is completed. Also, sponsors must notify prospective exchange visitors who have not yet entered the United States that the program has been terminated. Such sponsors will have access to SEVIS to manage their existing program participants, but will not be able to initiate new programs after December 31, 2009.

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 ``Jan Lievens: A Dutch Master Rediscovered,'' 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 determine that the exhibition or display of the exhibit objects at the National Gallery of Art, Washington, DC, from on or about October 26, 2008, until on or about January 11, 2009; and at the Milwaukee Art Museum, Milwaukee, Wisconsin, from on or about February 7, 2009, until on or about April 26, 2009; and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

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 ``Leonardo da Vinci: Drawings from the Biblioteca Reale in Turin'', 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 determine that the exhibition or display of the exhibit objects at the Birmingham Museum of Art, Birmingham, Alabama, from on or about September 28, 2008, until on or about November 9, 2008; and at the Fine Arts Museums of San Francisco-Legion of Honor, San Francisco, California, from on or about November 15, 2008, until on or about January 4, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.