Department of State 2013 – Federal Register Recent Federal Regulation Documents

A determination has been made that a number of foreign persons have engaged in activities that warrant the imposition of measures pursuant to Section 3 of the Iran, North Korea, and Syria Nonproliferation Act. The Act provides for penalties on entities and individuals for the transfer to or acquisition from Iran since January 1, 1999; the transfer to or acquisition from Syria since January 1, 2005; or the transfer to or acquisition from North Korea since January 1, 2006, of goods, services, or technology controlled under multilateral control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile sytems. The latter category includes (a) items of the same kind as those on multilateral lists but falling below the control list parameters when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, (b) items on U.S. national control lists for WMD/missile reasons that are not on multilateral lists, and (c) other items with the potential of making such a material contribution when added through case-by-case decisions.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.

Notice is hereby given that the Department of State has imposed statutory debarment pursuant to Sec. 127.7(c) of the International Traffic in Arms Regulations (``ITAR'') (22 CFR parts 120 to 130) on persons convicted of violating, or conspiracy to violate, Section 38 of the Arms Export Control Act, as amended, (``AECA'') (22 U.S.C. 2778). Further, a public notice was published in the Federal Register on Tuesday, July 24, 2012, listing persons statutorily debarred pursuant to the ITAR; this notice makes one correction to that notice.

The purpose of this notice is to inform the public of the availability of the Department of State's Finding of No Significant Impact on the proposed NOVA Chemicals Inc. Line 20 Facilities Conversion Project. Under E.O. 13337 the Secretary of State is authorized to issue Presidential Permits for the construction, connection, operation, or maintenance at the borders of the United States, of facilities for the exportation or importation of liquid petroleum, petroleum products, or other non-gaseous fuels to or from a foreign country. NOVA Chemicals Inc. (NOVA) has applied to the Department of State (the Department) for reinstatement of a Presidential Permit authorizing it to operate and maintain existing pipeline facilities at the U.S.-Canada international boundary near Marysville, St. Clair County, Michigan. NOVA states that it intends to convert these pipeline facilities, consisting of approximately 1,350 feet of 12-inch diameter pipeline (the Line 20 Facilities), from natural gas transmission to natural gas liquids transportation service in order to transport natural gas liquids, principally ethane, from U.S. sources of supply to a petrochemical complex located in Corunna, Ontario, Canada. The Corunna complex is owned and operated by NOVA Chemicals (Canada) Ltd. (NOVA Ltd.) which, like NOVA Chemicals Inc., is a subsidiary of NOVA Chemicals Corporation (NOVA Corporation). According to NOVA its conversion of the Line 20 Facilities from natural gas to natural gas liquids service will return the Line 20 Facilities to the service for which a Presidential Permit was issued in 1986. Consistent with NEPA (42 U.S.C. 4321, et seq.), the regulations of the Council on Environmental Quality (40 CFR 1500-1508), and the Department's implementing regulations (22 CFR part 161, and in particular 22 CFR 161.7(c)), the Department of State has found that issuance of a Presidential Permit authorizing the construction, connection, operation, and maintenance of the Cross Border Facility would not have a significant impact on the quality of the human environment. The Finding of No Significant Impact was signed by the Department on January 19, 2013. The Finding of No Significant Impact is available from the Department at: https://www.state.gov/e/enr/applicant/applicants/ c54799.htm.

The Deputy Secretary of State has determined, pursuant to authority delegated by the Secretary of State, that it is in the national interests of the United States to waive the prohibitions described in section 3(a) of the Burmese Freedom and Democracy Act of 2003 (Pub. L. 108-61), as amended (``BFDA''), which requires the President to prohibit the importation of any article that is a product of Burma into the United States, and which the President implemented in section 3 of Executive Order 13310 (July 28, 2003). In conjunction with this waiver determination, the Department of the Treasury's Office of Foreign Assets Control issued General License (No. 18) on November 16, 2012 authorizing imports into the United States of any article that is a product of Burma, subject to limitations set forth therein. This step is in the national interest of the United States because it supports those in the Burmese government that have instituted important reforms since early 2011 and encourages the government to make further progress. The waiver of the import ban responds to the Government of Burma's continued reforms and efforts to address U.S. core concerns, including the release of political prisoners, and other steps on human rights and national reconciliation.

As part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Category XVI (nuclear weapons related articles) of the U.S. Munitions List (USML). The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011. The Department of State's full plan can be accessed at https://www.state.gov/documents/ organization/181028.pdf.

The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

The Department of State and the Office of the United States Trade Representative (``USTR'') are providing notice that the United States and the Republic of Korea (hereinafter ``Korea'') intend to hold the first meetings of the Environmental Affairs Council (the ``Council'' or ``EAC'') and of the Environmental Cooperation Commission (the ``Commission'' or ``ECC'') in Washington, DC, on February 14, 2013. The United States and Korea established the Council pursuant to Chapter 20 (Environment) of the United States-Korea Free Trade Agreement (``FTA'') and the Commission pursuant to Article 3 of the United States-Korea Environmental Cooperation Agreement (``ECA''). During the Council meeting, the United States and Korea (collectively the ``Parties'') will discuss their respective implementation of and progress under the Environment Chapter (Chapter 20) of the U.S.-Korea Free Trade Agreement. During the Commission meeting, the Parties will discuss plans for ongoing and future environmental cooperation and will develop an environmental cooperation Work Program for the 2012-2015 period. All interested persons are invited to attend a public session where they will have the opportunity to ask questions and discuss implementation of Chapter 20 and U.S.- Korea environmental cooperation with Council and Commission Members. The public session will be held at 2:00 p.m., February 14, 2013, at the Department of State in room 1105 of the Harry S. Truman Building, 2201 C Street NW., Washington, DC 20520. To attend the public session, please contact Deborah Grout for pre-clearance procedures. For further information please contact Deborah Grout or Leslie Yang (contact information below). The Department of State and USTR also invite interested agencies, organizations, and members of the public to submit written comments or suggestions regarding the meeting agendas. In preparing comments or suggestions, we encourage submitters to refer to: (1) The United States-Korea Environmental Cooperation Agreement; (2) Chapter 20 (Environment) of the United States-Korea Free Trade Agreement; and (3) the Environmental Review of the United States-Korea Free Trade Agreement. These documents are available at https://www.state.gov/e/oes/ env/trade/c49687.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. 2`34 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Frida & Diego: Passion, Politics and Painting,'' 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 High Museum of Art in Atlanta, Georgia from on or about February 14, 2013, until on or about May 12, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

On April 4, 2012, notice was published on page 20476 of the Federal Register (volume 77, number 65) of determinations made by the Department of State pertaining to the exhibition ``Nicolai Fechin.'' The referenced notice is corrected here to include additional objects as part of the exhibition. 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, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the additional objects to be included in the exhibition ``Nicolai Fechin,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The additional objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the additional exhibit objects at the Frye Art Museum, Seattle, Washington, from on or about February 9, 2013, until on or about May 16, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations 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, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the object to be included in the exhibition ``Gutai: Splendid Playground,'' 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 Solomon R. Guggenheim Museum, New York, New York, from on or about February 15, 2013, until on or about May 8, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

Pursuant to the provisions of the Federal Advisory Committee Act (FACA), the Advisory Committee on the Secretary of State's Strategic Dialogue with Civil Society will convene in Washington, DC on March 12, 2013. The Committee provides advice on the formulation of U.S. policies, proposals, and strategies for engagement with, and protection of, civil society worldwide. The objective of this meeting is to review the progress of the Committee's five subcommittees.

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. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Looking East: Rubens's Encounter with Asia,'' 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 5, 2013, until on or about June 9, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations 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. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Ming Masterpieces from the Shanghai Museum,'' 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 Los Angeles County Museum of Art, Los Angeles, CA, from on or about March 3, 2013, until on or about June 2, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

The Advisory Committee on Historical Diplomatic Documentation will meet on February 25-26, June 3-4, September 9-10, and December 9-10, 2013, at the Department of State, 2201 ``C'' Street NW., Washington, DC. The Committee's sessions in the afternoon of Monday, February 25, 2013; in the morning of Tuesday, February 26, 2013; in the afternoon of Monday, June 3, 2013; in the morning of Tuesday, June 4, 2013; in the afternoon of Monday, September 9, 2013; in the morning of Tuesday, September 10, 2013; in the afternoon of Monday, December 9, 2013; and in the morning of Tuesday, December 10, 2013, 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 properly classified and 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. The Committee will meet in open session from 11:00 a.m. until 12:00 noon in Conference Room 1205 of the Department of State, 2201 ``C'' Street NW., Washington, DC, on the following dates: Monday, February 25, 2013; Monday, June 3, 2013; Monday, September 9, 2013; and Monday, December 9, 2013, to discuss unclassified matters concerning declassification and transfer of Department of State records to the National Archives and Records Administration and the status of the Foreign Relations series. 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 meetings on the following dates, please RSVP as follows: for February 25, please notify Colby Prevost, Office of the Historian (202- 663-1147) no later than February 21, 2013; for June 3, please notify Colby Prevost, Office of the Historian (202-663-1147) no later than May 30, 2013; for September 9, please notify Colby Prevost, Office of the Historian (202-663-1147) no later than September 5, 2013and for December 9, please notify Colby Prevost, Office of the Historian (202- 663-1147) no later than December 5, 2013. When responding, please 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 specified forms of ID, please consult with Colby Prevost for acceptable alternative forms of picture identification. In addition, any requests for reasonable accommodation should be made no later than the following dates: February 19 for the February 25-26 meeting; May 28 for the June 3-4 meeting; September 3 for the September 9-10 meeting; and December 3 for the December 9-10 meeting. Requests for reasonable accommodation received after those dates will be considered, but might be impossible to fulfill. Personal data is requested pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS-D) database. Please see the Security Records System of Records Notice (State-36) at https://www.state.gov/documents/ organization/103419.pdf, for additional information. Questions concerning the meeting should be directed to Dr. Stephen P. Randolph, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC 20520, telephone (202) 663-1123, (email history@state.gov).

Notice is hereby given that the Department of State (DOS) has received from Enbridge Energy, Limited Partnership (``Enbridge''), a Presidential Permit application to amend the August 3, 2009 Presidential Permit issued to Enbridge by the DOS authorizing the construction, operation, and maintenance of the Line 67 (``Line 67'') Pipeline across the U.S.-Canada border. Enbridge requests an amendment to its permit in order to operate the Line 67 up to its full design capacity of 880,000 barrels per day (bpd) of crude oil with an average annual capacity of 800,000 bpd of heavy crude.

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. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Girl with a Pearl Earring: Dutch Paintings from the Mauritshuis,'' 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 owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Fine Arts Museums of San Francisco, San Francisco, CA, from on or about January 26, 2013, until on or about June 2, 2013; the High Museum of Art, Atlanta, Georgia, from on or about June 23, 2013, until on or about September 29, 2013; The Frick Collection, New York, NY, from on or about October 22, 2013, until on or about January 21, 2014, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.