Department of State 2008 – Federal Register Recent Federal Regulation Documents

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 of the Royal Court: Treasures in Pietre Dure from the Palaces of Europe,'' 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 Metropolitan Museum of Art, New York, from on or about July 1, 2008, until on or about September 21, 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 Office of English Language Programs of the Bureau of Educational and Cultural Affairs announces an open competition for the English Language Teaching (ELT) Materials Development Project and English Language Educators Summer Institute in July 2009. U.S. public and private universities, colleges, community colleges and other organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to provide the following: (1) The development of English language materials suitable to Office of English Language Programs' goals and (2) the design and administration of a three-week professional development program for assessing English language teaching materials for possible adoption into English language teaching programs overseas. For the ELT Materials Development Project, the recipient will develop English Language Teaching materials (print, audio, and online) to become part of the collection of the Office of English Language Programs for use overseas. These should reflect current academic best practices and educational priorities. More detailed information about the ELT materials to be developed under this cooperative agreement is detailed in the Project Objectives, Goals, and Implementation (POGI). For the English Language Educators Summer Institute to take place in 2009, the recipient will design and administer a three-week professional development program for experienced secondary school and university English language teachers drawn from countries served by U.S. Department of State Regional English Language Officers based overseas. The focus of the English Language Educators Summer Institute is to familiarize participants with the newly authored materials (created as part of this cooperative agreement), selected Office of English Language Program publications, U.S. student-centered teaching methods, various materials illustrating U.S. society, culture and diversity, and the role of materials in the language classroom. The exchange experience should also give participants an in-depth experience of American life and culture and contribute to mutual understanding between participants' countries and the United States. The program should include both a theoretical component, provided through professional development seminars in an academic setting, and a practical component, provided through hands on experience assessing and working with selected titles from the Office of English Language Programs. Participants should also create or adapt English language teaching materials suitable for their local context. Applicant organizations should have a demonstrated ability to conduct a substantive academic program, develop English language materials, and manage logistical and administrative aspects of the program.

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 object to be included in the exhibition ``Wiener Werkstatte Jewelry'', imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Neue Gallerie New York, New York, New York, from on or about March 27, 2008, until on or about June 30, 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 ``Ateliers Jean Prouv[eacute]'', 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, from on or about April 25, 2008, until on or about April 25, 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.

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: Request for Customs Clearance of Merchandise. OMB Control Number: 1405-0104. Type of Request: Extension of a Currently Approved Collection. Originating Office: DS/OFM/VTC/TC. Form Number: DS-1504. Respondents: Eligible foreign diplomatic or consular missions, certain foreign government organizations, and designated international organizations. Estimated Number of Respondents: 350. Estimated Number of Responses: 7800. Average Hours per Response: 30 minutes. Total Estimated Burden: 3900 hours. Frequency: On Occasion. Obligation to Respond: Required to Obtain or Retain a Benefit.

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: Department of State Mentor-Prot[eacute]g[eacute] Program Application. OMB Control Number: OMB 1405-0161. Type of Request: Extension of a Currently Approved Collection. Originating Office: Bureau of Administration, Office of Small and Disadvantaged Business UtilizationA/SDBU. Form Number: DS-4053. Respondents: Small and large for-profit companies planning to team together in an official mentor-prot[eacute]g[eacute] capacity to improve the likelihood of winning DOS contracts. Estimated Number of Respondents: 14 respondents per year. Estimated Number of Responses: 14 per year. Average Hours per Response: 14 hours. Total Estimated Burden: 21 hours. Frequency: On Occasion. Obligation to Respond: Required to Obtain 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 ``Antonio Lopez Garcia'', 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 Fine Arts, Boston, Massachusetts, from on or about April 13, 2008, until on or about July 27, 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.

This notice announces the availability of the Record of Decision and National Interest Determination and the Programmatic Agreement for the Proposed TransCanada Keystone Pipeline Project. On April 19, 2006, TransCanada Keystone Pipeline, LP (``Keystone'') filed an application with the Department of State for a Presidential permit for the construction, connection, operation, or maintenance of facilities at the border of the United States and Canada for the transport of crude oil between the United States and Canada across the international boundary. Executive Order 13337 of April 30, 2004, as amended, delegates to the Secretary of State the President's authority to receive applications for permits for the construction, connection, operation, or maintenance of facilities, including pipelines, for the exportation or importation of petroleum, petroleum products, coal, or other fuels at the border of the United States and to issue or deny such Presidential Permits upon a national interest determination. The Executive Order directs the Secretary of State to refer the application and pertinent information to, and to request the views of, the heads of certain agencies before issuing a Permit and authorizes the Secretary to consult with other interested federal and state officials, as appropriate. The functions assigned to the Secretary have been further delegated within the Department of State to, inter alia, the Deputy Secretary of State and the Under Secretary of State for Economic, Energy, and Business Affairs. In accordance with the National Environmental Policy Act of 1969 (``NEPA''), 42 U.S.C. 4321-4370f, the Council of Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508, and the Department's regulations for the implementation of NEPA, 22 CFR part 161, an Environmental Impact Statement (EIS) for the issuance of a Presidential Permit for the construction, connection, operation, and maintenance of the pipeline was prepared by Entrix, Inc., a contractor selected by the Department of State. The Department of State published in the Federal Register a Notification of Receipt of the Keystone Application for a permit on August 8, 2006 (71 Fed. Reg. 47861). That notification solicited public comment on the application for a 30-day period. Thereafter, the Department published in the Federal Register a Notification of Intent to Prepare an Environmental Impact Statement on October 11, 2006 (71 FR 59849). The Department's Notice of Availability of the Draft EIS and request for public comment was published in the Federal Register on August 9, 2007 (72 FR 44908-02), seeking comments by September 24, 2007. The Department received public comments in response to its notice and has taken them into account in making its determination on the Keystone application. As required by Executive Order 13337, the Keystone pipeline application and a Draft Environmental Impact Statement were transmitted to federal agencies for their review and comment on August 6, 2007. The Department of State received no objections from federal agencies regarding the issuance of a permit. The Department published a notice of the availability of the Final Environmental Impact Statement in the Federal Register on January 11, 2008 (73 FR 2027). Concurrently, the Department took steps to comply with its obligations under Section 106 of the National Historic Preservation Act. On February 15, 2008, Deputy Secretary of State John D. Negroponte signed a Programmatic Agreement with the Advisory Council on Historic Preservation (ACHP), the applicant, all seven state historic preservation officials, and consulting federal agencies. Native American tribes were also invited to sign as concurring parties under the ACHP's guidelines. The purpose of the Programmatic Agreement is to take into account the effect of the proposed Keystone Pipeline Project on historic properties and to satisfy all responsibilities under Section 106 of the National Historic Preservation Act. Consistent with its authority under Executive Order 13337, the Department reviewed all of the available information and documentation, including comments submitted by federal and state agencies and the public. On February 23, 2008, the Secretary's Delegate, Under Secretary of State for Economic, Energy, and Business Affairs Reuben Jeffery III, signed the Record of Decision and National Interest Determination, which states that issuance of the Presidential Permit for the Keystone Pipeline Project would serve the national interest. Accordingly, the Department proposes to issue the Presidential Permit to Keystone subject to certain terms and conditions. Executive Order 13337 requires that Secretaries or Heads of certain agencies be notified of the Department's proposed determination concerning issuance of the Presidential Permit. Any agency required to be consulted under Section 1(g) of the Order that disagrees with the proposed determination may notify the Secretary of State within 15 days of this notice that it disagrees with the determination and request that the Secretary refer the application to the President. If no disagreement and request for referral is registered within the prescribed period, the Presidential Permit will be signed and issued to Keystone. On February 25, the Department notified all agencies of its intent to issue the Permit as required under Section 1(g) of the order. For Further Information Contact: The Record of Decision and National Interest Determination, the Programmatic Agreement, the TransCanada Keystone Pipeline application for a Presidential Permit, including associated maps and drawings, the Final EIS and other project information is available for viewing and download at the project Web site: https://www.keystonepipeline.state.gov. For information on the proposed project contact Elizabeth Orlando, OES/ENV Room 2657, U.S. Department of State, Washington, DC 20520, or by telephone (202) 647- 4284, or by fax at (202) 647-5947. U.S. Department of State, Washington, DC 20520, or by telephone (202) 647-4284, or by fax at (202) 647-5947.

As required by the Federal Advisory Committee Act, Public Law 92-463, the Department of State gives notice of the inaugural 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 March 18, 2008; 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.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Overseas Schools Grant Request Automated Submissions Program (GRASP). OMB Control Number: OMB Control No. 1405-0036. Type of Request: Extension of a Currently Approved Collection. Originating Office: Bureau of Administration, A/OPR/OS. Form Number: DS-573, DS-574, DS-575, and DS-576. Respondents: Recipients of grants. Estimated Number of Respondents: 194. Estimated Number of Responses:194. Average Hours Per Response: 90 minutes. Total Estimated Burden: 291 hours. Frequency: Annually. Obligation to Respond: Required to Obtain a benefit.

On January 28, 2008, the President issued Presidential Determination 2008-9. Presidential Determination 2008-9 waives the application of all provisions of section 1083 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA) with respect to Iraq. Section 1083 amends the Foreign Sovereign Immunities Act, which establishes a framework for lawsuits against foreign countries and their agencies and instrumentalities under U.S. law. Pursuant to section 1083(d)(1) the President may waive any provision of this section with respect to Iraq, insofar as that provision may, in the President's determination, affect Iraq or any agency or instrumentality thereof, if the President determines that the waiver is in the national security interest of the United States; the waiver will promote the reconstruction of, the consolidation of democracy in, and the relations of the United States with, Iraq; and Iraq continues to be a reliable ally of the United States and partner in combating acts of international terrorism. Pursuant to section 1083(d)(3), a waiver by the President under section 1083(d)(1) shall cease to be effective 30 days after it is made unless the President has notified Congress in writing of the basis for the waiver as determined by the President under section 1083(d)(1). Presidential Determination 2008-9 directs the Department of State to notify Congress of the President's determination and waiver and the accompanying memorandum of justification. On February 4, 2008, the Department of State transmitted to Congress Presidential Determination 2008-9 and the accompanying memorandum of justification.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Department of State Application for Employment OMB Control Number: 1405-0139 Type of Request: Revision of a currently approved collection Originating Office: Bureau of Human Resources, Office of Recruitment, Examination, Employment (HR/REE) Form Number: DS-1950 Respondents: U.S. Citizens seeking entry into certain Department of State Foreign Service positions and individuals, sophomore through graduate level college and university students, seeking participation in the Department's student programs. Estimated Number of Respondents: 20,000 Estimated Number of Responses: 20,000 Average Hours Per Response: 1/2 hour Total Estimated Burden: 10,000 Frequency: On occasion Obligation to Respond: Required to obtain a benefit

This rule revises the photo requirement as part of the application process for a Diversity Immigrant Visa, to require that the photo be in color. Color photographs enhance facial recognition and reduce the opportunity for fraud.

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 an object to be included in the exhibition ``Gilbert & George'', imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit object at the Fine Arts Museums of San Francisco, de Young Museum, San Francisco, CA, from on or about February 16, 2008, until on or about May 18, 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 Office of Academic Exchange Programs, European and Eurasian Programs Branch (ECA/A/E/EUR) announces an open competition for a five-week Summer Institute for European Student Leaders. Accredited, post-secondary educational institutions in the United States may submit proposals to administer the program. The Summer Institute for European Student Leaders will offer a group of twenty young Europeans from a broad range of ethnic, religious and socio-economic backgrounds the opportunity to learn about the United States and build leadership skills during a five-week program on an American campus. The Fulbright Commissions in Denmark, France, the Netherlands, Norway, Portugal, Spain, Sweden, and the United Kingdom will recruit participants who are first- or second-year undergraduate students or recent high school graduates who will enter university in fall 2008. The goals of the Institute are to promote study and learning about the United States, leadership development, and civic engagement through academic coursework and participatory activities that will serve the participants in their academic and professional careers and to promote mutual understanding between the United States and their home countries. ECA anticipates that program dates will be for the approximate period of July 13-August 16, 2008.

The Department of State hereby gives notice that, on January 15, 2008, it received an application for a Presidential Permit to authorize the construction, operation, and maintenance of a new border crossing facility on the U.S.-Canada border at Buffalo, NY and Fort Erie, Ontario. The proposed new crossing, a vehicular bridge across the Niagara River, would be approximately one and one half miles north of the existing Peace Bridge across the Niagara River and would connect to existing roads via an interchange with State Route 198 (Scajaquada Expressway) leading to Interstate Route 190 (I-190, the Niagara Section of the New York State Thruway). The application was filed by the Ambassador Niagara Signature Bridge Group (ANSBG). According to the application, ANSBG is an unincorporated unit of the Detroit International Bridge Company (DIBC), a Michigan corporation. As stated in the application, DIBC, along with a related Canadian corporation, the Canadian Transit Company (CTC), own and operate the Ambassador Bridge across the Detroit River, connecting Detroit, Michigan and Windsor, Ontario and DIBC and CTC are ultimately owned by Manuel J. and Matthew T. Maroun. The Department of State's jurisdiction over this application is based upon Executive Order 11423 of August 16, 1968, as amended, and the International Bridge Act of 1972, 33 U.S.C. 535, et seq. As provided in E.O. 11423, the Department is circulating this application to relevant Federal and State agencies for review and comment. Under E.O. 11423 and the International Bridge Act, the Department has the responsibility to determine, taking into account input from these agencies and other interested stakeholders, whether this proposed border crossing is in the U.S. national interest.

This notice announces meetings of the International Telecommunication Advisory Committee (ITAC) to prepare advice on U.S. positions for the March/April 2008 meeting of the International Telecommunication Union Telecommunication Standardization Sector (ITU- T) Study Group 3 (Tariff and accounting principles including related telecommunication economic and policy issues) and the April 2008 meeting of the Organization of American States Inter-American Telecommunication Commission Permanent Consultative Committee I (Telecommunication) (OAS/CITEL/PCC.I). The ITAC will meet to prepare advice for the U.S. on positions for the March/April 2008 meeting of the ITU-T Study Group 3 and related issues of the International Telecommunication Regulations on Tuesday afternoons February 19, March 4, 11, and 18, 2008 2-4PM EST in the Washington, DC metro area. Meeting details and detailed agendas will be posted on the mailing list sga@eblist.state.gov. People desiring to participate on this list may apply to the secretariat at minardje@state.gov. The ITAC will meet to prepare advice for the U.S. on positions for the April 2008 meeting of the OAS CITEL PCC.I on Thursday February 21, 2008 10AMnoon EST at a location in the Washington, DC metro area. We expect this meeting to be continued as necessary. Meeting details and detailed agenda will be posted on the mailing list pcc.i- citel@eblist.state.gov. People desiring to participate on this list may apply to the secretariat at minardje@state.gov. The meetings are open to the public.

The Cultural Programs Division in the Office of Citizen Exchanges in the Bureau of Educational and Cultural Affairs (ECA) announces an open competition for a cooperative agreement to administer The Rhythm Road-American Music Abroad program. The program will consist of up to ten tours for a selected number of professional American artists in jazz, urban music, and American roots music (e.g. country-western, bluegrass, zydeco, Cajun, etc.) The musicians selected for this program must demonstrate high artistic ability and be conversant with the broader aspects of contemporary American society and culture. Tours will include workshops, master classes, and outreach activities, in addition to concerts. 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 Rhythm Road-American Music Abroad program: to promote mutual understanding and cross- cultural awareness. The tours accomplish this by providing an opportunity for international audiences to experience American musical life, highlighting our country's cultural history as well as the contemporary cultural scene, and allowing American performers to learn about life and culture in the foreign host countries. The Bureau is particularly interested in proposals for the administration of tours by jazz, urban, and American root music performers to countries with significant Muslim or underserved populations, and countries that engage youth and/or groups that influence youth. In the Western Hemisphere, we are also interested in proposals for projects that reach indigenous populations. No guarantee is made or implied that a grant will be awarded for tours to any particular region or that tours will be organized to any particular region. For this competition, all organizations must demonstrate a minimum of five years' experience successfully conducting international performing arts exchange programs in the music field to be eligible.