Department of State December 2008 – Federal Register Recent Federal Regulation Documents
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List of December 31, 2008 of Participating Countries and Entities (Hereinafter Known as “Participants”) Under the Clean Diamond Trade Act of 2003 (Pub. L. 108-19) and Section 2 of Executive Order 13312 of July 29, 2003
In accordance with Sections 3 and 6 of the Clean Diamond Trade Act of 2003 (Pub. L. 108-19) and Section 2 of Executive Order 13312 of July 29, 2003, the Department of State is identifying all the Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, and revising the previously published list of September 8, 2008 (73 FR 52073) to add Mexico and delete Cote d`Ivoire.
Culturally Significant Objects Imported for Exhibition Determinations: “Surrealism and Beyond”
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 ``Surrealism and Beyond,'' 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 Cincinnati Art Museum, Cincinnati, OH, from on or about February 15, 2009, until on or about May 17, 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.
Culturally Significant Objects Imported for Exhibition Determinations: “Inventing Marcel Duchamp: The Dynamics of Portraiture”
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 ``Inventing Marcel Duchamp: The Dynamics of Portraiture,'' 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 Portrait Gallery, Washington, DC, from on or about March 27, 2009, until on or about August 2, 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.
Culturally Significant Objects Imported for Exhibition Determinations: “Raoul Dufy: A Celebration of Beauty”
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 ``Raoul Dufy: A Celebration of Beauty,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Mississippi Museum of Art, Jackson, MS, from on or about February 7, 2009, until on or about July 5, 2009, 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.
Advisory Committee International Postal and Delivery Services
As required by the Federal Advisory Committee Act, Public Law 92-463, the Department of State gives notice of the fourth meeting of the Advisory Committee on International Postal and Delivery Services. This Committee has been formed in fulfillment of the provisions of the 2006 Postal Accountability and Enhancement Act (Pub. L. 109-435) and in accordance with the Federal Advisory Committee Act. Public input: Any member of the public interested in providing public input to the meeting should contact Mr. Chris Wood, whose contact information is listed under FOR FURTHER INFORMATION CONTACT section of this notice. Each individual providing oral input is requested to limit his or her comments to five minutes. Requests to be added to the speaker list must be received in writing (letter, e-mail or fax) prior to the close of business on February 6, 2009; written comments from members of the public for distribution at this meeting must reach Mr. Wood by letter, e-mail or fax by this same date. Meeting agenda: The agenda of the meeting will include a review of the results of the October-November 2008 sessions of the UPU Postal Operations Council and Council of Administration as well as other subjects related to international postal and delivery services of interest to Advisory Committee members and the public.
Office of the Chief of Protocol; Gifts to Federal Employees From Foreign Government Sources Reported to Employing Agencies in Calendar Year 2007
The Department of State submits the following comprehensive listing of the statements which, as required by law, Federal employees filed with their employing agencies during calendar year 2007 concerning gifts received from foreign government sources. The compilation includes reports of both tangible gifts and gifts of travel or travel expenses of more than minimal value, as defined by statute. Also included are gifts received in previous years including 2 gifts in 2002, 5 gifts in 2005 and 17 gifts in 2006. These latter gifts and expenses are being reported in 2007 as the Office of the Chief of Protocol, Department of State, did not receive the relevant information to include them in earlier reports. Publication of this listing in the Federal Register is required by Section 7342(f) of Title 5, United States Code, as added by Section 515(a)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Pub. L. 95-105, August 17, 1977, 91 Stat. 865).
Request for Nominations for the General Advisory Committee and the Scientific Advisory Subcommittee to the United States Section to the Inter-American Tropical Tuna Commission
The Department of State is seeking applications and nominations for the renewal of the General Advisory Committee to the Inter-American Tropical Tuna Commission (IATTC) as well as to a Scientific Advisory Subcommittee of the General Advisory Committee. The purpose of the General Advisory Committee and the Scientific Advisory Subcommittee is to provide public input and advice to the United States Section to the IATTC in the formulation of U.S. policy and positions at meetings of the IATTC and its subsidiary bodies. The Scientific Advisory Subcommittee shall also function as the National Scientific Advisory Committee (NATSAC) provided for in the Agreement on the International Dolphin Conservation Program (AIDCP). The United States Section to the IATTC is composed of the Commissioners to the IATTC, appointed by the President, and the Deputy Assistant Secretary of State for Oceans and Fisheries or his or her designated representative. Authority to establish the General Advisory Committee and Scientific Advisory Subcommittee is provided under the Tuna Conventions Act of 1950, as amended by the International Dolphin Conservation Program Act (IDCPA) of 1997.
Bureau of Consular Affairs; Changes in Completion of the DS 3035, J-1 Visa Waiver Recommendation Application Form
This Public Notice pertains to J-1 Visa Waiver Recommendation Application form DS 3035, used by exchange visitors to start the J-1 visa waiver process and to pay the processing fee for the waiver application. Certain exchange visitors are subject to Section 212(e) of the Immigration and Nationality Act, as amended, and are required to return to their home country for a period of two years or receive a waiver of the requirement. Such exchange visitors are not eligible to receive H, K, or L nonimmigrant visas nor are they eligible for immigrant visas or permanent resident status until they have complied with or received a waiver of the foreign residence requirement. An exchange visitor who wishes to apply for a waiver of the two-year foreign residence requirement starts the waiver process by filling out the DS 3035, J-1 Visa Waiver Recommendation Application which is available on the State Department Bureau of Consular Affairs Web site (https://travel.state.gov), and submits it along with the processing fee to the lock-box address for processing. Currently J-1 visa waiver applicants may type the form online or download the form and complete it manually. When the form is completed online the applicant receives a bar-code page which he/she prints and sends to the lock-box with the processing fee and other required documents. The data from the bar-code page is scanned into Waiver Review System (WRS) when it is received from the lock-box and automatically opens up a case file for the applicant. Without the bar-code, the Waiver Review Division (VO/L/W) must manually enter the data from the two-page form into its WRS which is time-consuming and lengthens the processing time for waiver applications. Since completing the form online allows VO/L/W to quickly and efficiently scan the data from the bar-code into its database system, the Department will adjust the manner in which exchange visitors are allowed to complete the DS 3035 form. Therefore, effective February 1, 2009, applicants will be required to type and complete the DS 3035 form online. We believe that online only completion of the DS 3035 form will further enhance the waiver process and maintain established processing timelines for waiver applications which ultimately benefit the applicants.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Three Summer Institutes for 2009, Including a Summer Institute for Norwegian Students in the Sciences, a Summer Institute for European Student Leaders, and a Summer Institute for European Student Leaders in Education
The Office of Academic Exchange Programs, European and Eurasian Programs Branch (ECA/A/E/EUR) announces an open competition for three (3) Summer Institutes for European undergraduate students to take place during the summer of 2009. The Institutes vary in focus, the number of participants, length, timing, and funding. Accredited, post-secondary educational institutions in the United States may submit proposals to administer one or more of the Institute programs. Institutions must submit separate proposals for each Institute. All Institutes will be funded in FY2009 pending the availability of funds.
Policy of Denial Regarding ITAR Regulated Activities of EP Investments, LLC (a/k/a Blackwater)
Notice is hereby given that the Department of State has imposed a policy of denial with certain exceptions concerning EP Investments, LLC pursuant to section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778) and section 126.7 of the International Traffic in Arms Regulations (ITAR). The Department of State is providing this information as a matter of courtesy to interested parties given the specific circumstances presented.
Exchange Visitor Program
On December 10, 2008, the State Department published in the Federal Register a proposed rule titled Exchange Visitor Program. The Department amended the General Provisions of the existing Exchange Visitor Program regulations set forth at 22 CFR Part 62. This proposed rule is being withdrawn because it was submitted prior to a formal significance designation being made by OMB. The proposed rule is withdrawn in its entirety.
Culturally Significant Objects Imported for Exhibition Determinations: “Cezanne and Beyond”
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 in the exhibition: ``Cezanne and Beyond,'' 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 Philadelphia Museum of Art, Philadelphia , PA, from on or about February 19, 2009, until on or about May 31, 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.
Culturally Significant Objects Imported for Exhibition Determinations: “Tales in Sprinkled Gold: Japanese Lacquer for European Collectors”
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 ``Tales in Sprinkled Gold: Japanese Lacquer for European Collectors,'' 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 J. Paul Getty Museum, Los Angeles, CA, from on or about March 3, 2009, until on or about May 24, 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.
Culturally Significant Objects Imported for Exhibition Determinations: “Pride of Place: Dutch Cityscapes of the Golden Age”
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 ``Pride of Place: Dutch Cityscapes of the Golden Age,'' 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 February 1, 2009, 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.
Issuance of a Presidential Permit Authorizing the Construction, Operation and Maintenance of the Otay Mesa East Border Crossing Near San Diego, CA, at the International Boundary Between the United States and Mexico
The Department of State issued a Presidential permit, effective December 8, 2008, authorizing the General Services Administration to construct, operate, and maintain a vehicular and pedestrian border crossing called ``Otay Mesa East'' near San Diego, California, at the international boundary between the United States and Mexico. In making this determination, the Department consulted with other federal agencies, as required by Executive Order 11423, as amended.
Culturally Significant Objects Imported for Exhibition Determinations: “The Munich Secession and America”
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 Munich Secession and America,'' 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 Frye Art Museum, Seattle, WA, from on or about January 23, 2009, until on or about April 12, 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.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Youth Programs Academic Year Disability Components
The Office of Citizen Exchanges, Youth Programs Division, of the Bureau of Educational and Cultural Affairs announces an open competition for the management of the Disability Components for two Academic Year programs. This includes conducting a five-day summer Preparatory Workshop and a two-day spring Leadership and Reentry Workshop for Students with Disabilities from Eurasia participating in the Future Leaders Exchange (FLEX) Program and from countries with significant Muslim populations participating in the Youth Exchange and Study (YES) Program, as well as providing support services to these students throughout the year by assisting grantee placement organizations and maintaining regular communication with each student, as needed. Approximately 30 high school-aged students will participate in the Disability Component Program.
Exchange Visitor Program
The Department of State is proposing to amend the General Provisions (Subpart A) of the existing Exchange Visitor Program regulations in order to provide greater specificity regarding program administration, sponsor obligations and participant eligibility in the Exchange Visitor Program. Certain definitions have been added or deleted. New requirements regarding applications for designation and redesignation, health insurance, the collection of employment authorization information on dependants and the successful completion of criminal background checks on all Responsible Officers and Alternate Responsible Officers are proposed. In addition, the requirements set forth in Subpart F (SEVIS reporting requirements) are consolidated into Subpart A.
APEC 2011 Leaders' Meeting Announcement of Deadline Extension
The deadline for United States cities and major resort/ hotel destinations to submit proposals to hold the concluding series of meetings of the Asia Pacific Economic Cooperation (APEC) forum scheduled for November 12-20, 2011, has been extended from December 15, 2008, to January 5, 2009. The description of the request for proposals appeared in public notice 6428 published on November 19, 2008, in the Federal Register.
Public Notice; Culturally Significant Objects Imported for Exhibition Determinations: “Leonardo da Vinci's Horse and Rider? A Technical Investigation”
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's Horse and Rider? A Technical Investigation,'' 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 May 3, 2009, until on or about September 7, 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. Following the exhibition at the Gallery, all objects but the principal statue will be returned to the lenders; the principal statue will travel to other U.S. museums to become part of new exhibitions for which new notices will be applied.
Notice of Availability of the Draft Environmental Impact Statement; Enbridge Energy, Limited Partnership (“Alberta Clipper Project”)
The staff of the Department of State has prepared a Draft Environmental Impact Statement (EIS) for the proposed Enbridge Energy, Limited Partnership (``Enbridge'') Alberta Clipper Pipeline Project. Enbridge has applied to the Department of State for a Presidential Permit, pursuant to Executive Order 13337 of April 30, 2004, to construct, connect, operate, and maintain a 36-inch diameter crude oil and liquid hydrocarbon pipeline at the U.S.-Canadian border near Neche, Pembina County, North Dakota, for the purpose of transporting liquid hydrocarbons and other petroleum products between the United States and Canada. Enbridge seeks this authorization in connection with its Alberta Clipper Pipeline Project (``Alberta Clipper Project''), which is designed to transport Canadian crude oil from the Western Canadian Sedimentary Basin (``WCSB'') to existing refinery markets primarily in the Midwest region of the United States. The Secretary of State is designated and empowered to receive all applications for Presidential Permits, as referred to in Executive Order 13337, as amended, for the construction, operation, or maintenance, at the borders of the United States, of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country. Any person wishing to comment on the Draft EIS may do so. To ensure consideration prior to a Department of State decision on the Enbridge proposal, it is important that we receive your comments by January 30, 2009.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Open Competition for Professional Exchange Programs in Africa, East Asia, Europe, the Near East, North Africa, South Central Asia and the Western Hemisphere and the Nqwang Choephel Fellowship Program for Tibet
The Office of Citizen Exchanges, ECA/PE/C, of the Bureau of Educational and Cultural Affairs announces an open competition for grants that support exchanges and build relationships between U.S. non-profit organizations and civil society and cultural groups in Africa, East Asia, Europe, the Near East, North Africa, South Central Asia and the Western Hemisphere. Pending availability of funds, it is anticipated that approximately $5,600,000 or more will be available to support this competition. ECA/PE/C expects to fund approximately 10-15 projects under this competition in FY 2009. U.S. public and non-profit organizations meeting the provisions described in Internal Revenue code section 26 U.S.C. 501(c)(3) may submit proposals that support the goals of The Professional Exchange Program. Projects should promote mutual understanding and partnerships between key professional and cultural groups in the United States and counterpart groups in other countries through multi-phased exchanges taking place over one to two years. Proposals should encourage citizen engagement in current issues and promote the development of democratic societies and institutions, with a view toward creating a more stable world. All programs should be two-way exchanges and involve participants from the U.S. and foreign countries. Proposed projects should transform institutional and individual understanding of key issues, foster dialogue, share expertise, and develop capacity. Through these people-to-people exchanges, the Bureau seeks to break down stereotypes that divide peoples, to promote good governance and economic growth, to contribute to conflict prevention and management, and to build respect for cultural expression and identity in the world. Projects should be structured to allow American professionals and their international counterparts in eligible countries to develop a common dialogue for dealing with shared challenges and concerns. Projects should include current or potential leaders who will effect positive change in their communities. Applicants may not submit more than one proposal per theme in this competition. Also, applicants may not include countries not eligible under a specific theme designated in the RFGP. Proposals that do so will be declared technically ineligible and will receive no further consideration in the review process. For the purposes of this competition, eligible regions are Africa, East Asia, Europe, the Near East, North Africa, South Central Asia, and the Western Hemisphere. No guarantee is made or implied that grants will be awarded in all themes and for all countries listed.
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