Department of State 2008 – Federal Register Recent Federal Regulation Documents

The Department of State is proposing to amend the text of the International Traffic in Arms Regulations (ITAR), Part 121, to add language clarifying how the criteria of Section 17(c) of the Export Administration Act of 1979 (``EAA'') are implemented in accordance with the Department of State's obligations under the Arms Export Control Act (``AECA''), and restating the Department's longstanding policy and practice of implementing the criteria of this provision.

The Office of Citizen Exchange Programs of the Bureau of Educational and Cultural Affairs announces an open competition for projects in support of the National Security Language Initiative (NSLI) to provide short, medium, and/or long-term foreign language instruction and cultural immersion programs overseas for American high school students and those who have just graduated. Public and private non-profit organizations, or consortia of such organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3), may submit proposals to implement these programs in countries where the following target languages are widely spoken: Arabic, Chinese, Korean, Russian, Turkish, Indic, and Farsi. Programs will be designed for U.S. citizens aged 15 to 18 at the start of the program who are either currently enrolled in high school or have just graduated. These programs should offer at least 550 U.S. high school students structured classroom instruction and less formal interactive learning opportunities through a comprehensive exchange experience that primarily emphasizes language learning. The program is designed to develop additional language study opportunities for U.S. students. Proposals from applicant organizations should clearly indicate the building of new, additional institutional language- teaching capacity overseas for these programs. ECA plans to award a single grant for the recruitment and administration of all NSLI-Y programs in all world regions. The Bureau expects that most students will be placed in host families, but will consider alternative housing arrangements, such as dormitories. Alternative arrangements must include adult resident daily supervision and be combined with brief home stays. In either case, the student must be ensured his or her own bed. The exchange programs will take place between January 2009 and December 2010, and we anticipate that recruitment and planning will begin during the summer/early fall of 2008. The program builds on two years of short (summer-only) intensive language programs in Arabic and Chinese conducted in 2006 and 2007. Information on these programs is available at the NSLI Youth Web site: https://www.exchanges.state.gov/education/citizens/students/ programs/nsli.htm.

The Cultural Programs Division of the Office of Citizen Exchanges, in the Bureau of Educational and Cultural Affairs announces an open competition for grants to implement programs that utilize the arts to engage civil societyparticularly youth and diverse and underserved populationsand that foster linkages and build partnerships between U.S. and overseas non-profit arts and cultural organizations, and local communities. These international arts exchange projects will encourage democracy building by demonstrating opportunities for freedom of thought and expression and by underscoring the importance of empowerment in an open society. The Bureau anticipates that approximately 1,250,000 will be available to support this competition. ECA/PE/C/CU expects to fund approximately two to four projects under this competition in FY-2008. Public and non-profit arts and cultural 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 Arts Exchanges on International Issues Program. As applicable, programs should include two-way exchanges of participants from the U.S. and foreign countries. Proposed projects should transform institutional and individual understanding of key international, arts and/or cultural issues, foster dialogue, develop professional expertise and develop leadership capacity. Through these people-to-people exchanges, the Bureau seeks to reach out to young people, counter negative perceptions, promote good governance, contribute to conflict prevention and management, and build respect for cultural expression and identity in the world. Projects should be structured to encourage American professionals and their international counterparts in eligible countries to develop a common dialogue for dealing with shared challenges and concerns. The Bureau is especially interested in engaging socially and economically diverse groups that may not have had extensive contact with counterpart institutions in the United States. Applicants may only submit one proposal under this open competition. An applicant may not include in its project proposal countries not eligible under each specific theme as designated in the RFGP. Proposals that contain countries that are not listed under each theme in the RFGP will be considered technically ineligible, and will not receive further consideration in the review process. For this competition, all eligible organizations must demonstrate a minimum of five years' experience successfully conducting international arts exchange programs that involved the exchange of participants. The Bureau is interested in receiving proposals from organizations with a strong interest, thematic expertise, institutional commitment and a successful track-record in conducting international exchanges. We welcome proposals from organizations that have not previously received ECA funding. Organizations that have the expertise, interest and institutional commitment but lack the required experience of conducting exchanges may wish to consider developing proposals based on consortia- type relationships with more experienced, eligible organizations. Please note that for these proposals, the role of each organization must be clearly defined and any sub-granting agreements must be included in the proposal submission.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Certificate of Eligibility for Exchange Visitor (J-1) Status. OMB Control Number: 1405-0119. Type of Request: Revision of a Currently Approved Collection. Originating Office: Office of Exchange Coordination & Designation, ECA/EC. Form Number: Form DS-2019. Respondents: U.S. Department of State Designated Sponsors. Estimated Number of Respondents: 1460. Estimated Number of Responses: 350,000 annually. Average Hours per Response: 45 minutes. Total Estimated Burden: 262,500 hours. Frequency: On occasion. Obligation to Respond: Required to Obtain or Retain a Benefit.

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 Horse'', 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 American Museum of Natural History, New York, New York, from on or about May 17, 2008, until on or about January 4, 2009; at the Field Museum, Chicago, Illinois, from on or about February 11, 2011, until on or about July 4, 2011; at the San Diego Natural History Museum, San Diego, California, from on or about April 1, 2012, until on or about September 30, 2012; 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.

The Charter of the United States International Telecommunication Advisory Committee (ITAC) has been renewed for an additional two years. ITAC was established pursuant to the Federal Advisory Committee Act under the general authority of the Secretary of State and the Department of State as set forth in Title 22, sections 2656 and 2707, of the United States Code. The purpose of the ITAC is to advise the Department of State with respect to, and provide strategic planning recommendations on, telecommunication and information policy matters related to the United States' participation in the work of the International Telecommunication Union, the Permanent Consultative Committees of the Organization of American States Inter-American Telecommunication Commission, the Organization for Economic Cooperation and Development, and other international bodies addressing telecommunications. ITAC provides advice on matters of U.S. policy and preparation of positions for meetings of international and regional organizations pertaining to telecommunication and information issues.

This rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the documents U.S. citizens\1\ and nonimmigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry.

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: ``Muraqqa': Imperial Mughal Albums from the Chester Beatty Library, Dublin,'' 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 Arthur M. Sackler Gallery, Smithsonian Institution, Washington, DC, from on or about May 3, 2008, until on or about August 3, 2008; Detroit Institute of Arts, Detroit, MI, from on or about August 23, 2008, until on or about November 16, 2008; Honolulu Academy of Arts, Honolulu, HI, from on or about December 17, 2008, until on or about March 1, 2009; Nelson-Atkins Museum of Art, Kansas City, MO, from on or about March 21, 2009, until on or about June 14, 2009; Denver Art Museum, Denver, CO, from on or about July 4, 2009, until on or about September 27, 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 Charter of the Defense Trade Advisory Group (DTAG) has been renewed for a two-year period. The membership of this advisory committee consists of private sector defense trade specialists appointed by the Assistant Secretary of State for Political-Military Affairs. The DTAG advises the Department on policies, regulations, and technical issues affecting defense trade.

This competition is one of two competitions that the Bureau of Educational and Cultural Affairs is conducting as directed in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div.J, Pub. L. 100-161) under ``Educational and Cultural Exchange Programs'' in support of a $10 million competitive one-time grants program. Applications must be submitted by public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). Total funding for this ``one-time grants program'' is $10 million. Of this amount, $5 million will be dedicated to this competition for Academic Programs. (A separate RFGP has been announced in the Federal Register for the remaining $5 million dedicated to Professional and Cultural Programs, reference number ECA/PE/C-08 One- time Comp. B.) Please note: The Bureau reserves the right to reallocate funds it has initially allocated to each of these two competitions, based on submissions received under each competition. Applicants may only submit ONE PROPOSAL (TOTAL) TO ONE of the two competitions referenced above. In addition, applicants under this competition (ECA/A-08-One-time-Comp. A) may only apply to administer one of the listed activities (total). If multiple proposals are received from the same applicant, all submissions will be declared technically ineligible and will be given no further consideration in the review process. Eligible applicants are strongly encouraged to read both RFGPs thoroughly, prior to developing and submitting proposals, to ensure that proposed activities are appropriate and responsive to the goals, objectives and criteria outlined in each of the solicitations. As further directed by the Congress, ``The program shall be only for the actual exchange of people and should benefit a population that is not being addressed through existing authorized exchanges.'' The Office of Academic Programs of the Bureau of Educational and Cultural Affairs announces a competition for grants to support exchanges and build relationships between America and people of other countries. These projects are designed to engage non-traditional participants and underserved groups, including the economically disadvantaged in the U.S. and overseas. The activities are designed to complement on-going ECA exchange programs, and to focus on exchanges with the developing world, serving audiences who do not have access to other exchange programs. The concepts involve community college students, undergraduates, teachers and junior faculty. The Bureau is interested in receiving proposals from organizations with a strong interest, thematic expertise, institutional commitment and a successful track-record in conducting international exchanges. We welcome proposals from organizations that have not previously received ECA funding. Organizations that have the expertise, interest and institutional commitment but lack experience of conducting exchanges, or, where relevant, lack overseas infrastructure, may wish to consider developing proposals based on consortia type relationships with more experienced, eligible organizations. Specifically, as stated in Section III.3. below, grants to organizations with less than four years of experience in conducting international exchange programs will be limited to $60,000.

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 ``GiinaquqLike A Face,'' 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 Alutiiq Museum and Archaeological Repository, Kodiak, AK, from on or about May 23, 2008, until on or about September 28, 2008; Anchorage Museum of History and Art, Anchorage, AK, from on or about October 10, 2008, until on or about January 5, 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 Ernst Ludwig Kirchner: The Berlin ``Street Scenes'', 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 Museum of Modern Art, New York, New York, from on or about August 3, 2008, until on or about November 10, 2008, 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.

The Department of State and the Office of the United States Trade Representative (USTR) are providing notice that, as set forth in Chapter 19 (Environment) of the United States-Chile Free Trade Agreement (FTA), the two governments intend to hold the fourth meeting of the Environment Affairs Council (the ``Council'') in Santiago, Chile on April 24, 2008. A public information session will be held for members of the public on April 24, at 3 p.m., in the Ministry of Foreign Relations, Teatinos 180, Conference Room, 2nd Floor. The purpose of the Council meeting is detailed below under SUPPLEMENTARY INFORMATION. The meeting agenda will include a review of Chapter 19 Provisions, a progress report on projects outlined in the FTA's Environment Chapter, an overview of success stories under the 2007-2008 Work Program pursuant to the United States-Chile Environmental Cooperation Agreement (``the ECA''), a presentation of project ideas to continue with the implementation of the 2007-2008 Work Program and beyond, and a consultation between the advisory committees for Chile and the United States, La Comision Nacional del Medio Ambiente (CONAMA) and the Trade and Environment Policy Advisory Committee (TEPAC). The Department of State and USTR invite interested agencies, organizations, and members of the public to submit written comments or suggestions regarding agenda items and to attend the public session. In preparing comments, we encourage submitters to refer to: The FTA's Environment Chapter including Annex 19.3, and the Final Environment Review of the FTA, available at: https:// www.ustr.gov/Trade_Agreements/Bilateral/Chile_FTA/Section_ Index.html. The ECA, available at: https://www.state.gov/g/oes/rls/or/ 22185.htm. Joint Declaration from the third Council meeting (October 23, 2006) at: https://www.state.gov/g/oes/env/trade/index.htm.

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 ``Maria Sibylla Merian & Daughters: Women of Art and Science,'' 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, from on or about June 10, 2008, until on or about August 31, 2008, 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 ``Classically Greek: Coins and Bank Notes from Antiquity to Today,'' 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 Smithsonian Institution, Washington, DC, from on or about April 10, 2008, until on or about June 10, 2008, 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.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Birth Affidavit. OMB Control Number: 1405-0132. Type of Request: Revision of a currently approved collection. Originating Office: Bureau of Consular Affairs, CA/PPT/FO/ FC. Form Number: DS-10. Respondents: Individuals or Households. Estimated Number of Respondents: 154,850. Estimated Number of Responses: 154,850. Average Hours Per Response: 15 minutes. Total Estimated Burden: 38,713 hours. Frequency: On occasion. Obligation to Respond: Required to obtain or retain a benefit.

In accordance with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110-161), the Department of State is amending the International Traffic in Arms Regulations (ITAR) regarding Sri Lanka, to make it United States policy to deny licenses and other approvals to export or otherwise transfer defense articles and defense services to Sri Lanka except, on a case-by-case basis, for technical data or equipment made available for the limited purposes of maritime and air surveillance and communications.

Notice is hereby given that the Department of State proposes to alter an existing system of records, STATE-42, pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C.(r)), and Office of Management and Budget Circular No. A-130, Appendix I. The Department's report was filed with the Office of Management and Budget on 1 February 2008. It is proposed that the current system will retain the name ``Munitions Control Records.'' It is also proposed that due to the expanded scope of the current system, the altered system description will include revisions and/or additions to the following sections: System Location; Categories of Individuals covered by the System; Authority for Maintenance of the System; and Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of such Uses. Changes to the existing system description are proposed in order to reflect more accurately the Directorate of Defense Trade Controls, Bureau of Political-Military Affairs' recordkeeping system, the Authority establishing its existence and responsibilities, and the uses and users of the system. Any persons interested in commenting on the altered system of records may do so by submitting comments in writing to Margaret P. Grafeld, Director; Office of Information Programs and Services; A/ISS/ IPS; Department of State, SA-2; Washington, DC 20522-8001. This system of records will be effective 40 days from the date of publication, unless we receive comments that will result in a contrary determination. The altered system description, ``Munitions Control Records, State- 42,'' will read as set forth below.

The Department is amending its regulations to add new classification symbols to the immigrant and nonimmigrant classification tables. The amendment is necessary to implement legislation that has created additional immigrant and nonimmigrant classifications as described herein. Additionally, the Department is removing immigrant classifications that have become obsolete as a result of either their deletion from the Immigration and Nationality Act ``INA'' or the expiration of legislative provisions that had temporarily authorized them. This rule also corrects typographical errors noted in the tables.

The charter establishing the Advisory Committee on Democracy Promotion has been renewed for a 2-year period. This committee advises the Secretary of State and the Administrator of the U.S. Agency for International Development on the consideration of issues related to democracy promotion in the formulation and implementation of U.S. foreign policy and foreign assistance. The committee will continue to follow the procedures prescribed by the Federal Advisory Committee Act (FACA). Meetings will be open to the public unless a determination is made in accordance with the FACA Section 10(d) and 5 U.S.C. 522b(c) (1) and (4) that a meeting or a portion of the meeting should be closed to the public. Unless there are exceptional circumstances, notice of each meeting will be provided in the Federal Register at least 15 days prior to the meeting date. If less than 15 days notice is provided, the justification will be included in the Federal Register notice.