Department of State. Part XIV. Monday, June 28, Semiannual Regulatory Agenda

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Monday, June 28, 2004 Part XIV Department of State Semiannual Regulatory Agenda VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414

37836 Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified Agenda DEPARTMENT OF () DEPARTMENT OF 22 CFR Ch. I [Public Notice 4724] Unified Agenda of Federal Regulatory and Deregulatory Actions AGENCY: Department of State. ACTION: Semiannual regulatory agenda. SUMMARY: Consistent with the Regulatory Flexibility Act of 1980, 5 U.S.C. 602, and OMB guidance to the Department of State pursuant to Executive Order 12866, the spring 2004 regulatory agenda of the Department of State is set forth below. The purpose of this publication is to provide information to the public on the Department s regulatory plans. Department of State Proposed Rule Stage FOR FURTHER INFORMATION CONTACT: Jo Brooks, Attorney Adviser for Legislation and General Management, Office of the Legal Adviser, Department of State, Room 3422, 2201 C Street NW., Washington, DC 20520, telephone (202) 647-2318. Dated: May 27, 2004. Grant S. Green, Jr., Under Secretary of State for Management. Sequence Title Regulation Identifier 2005 Cultural Exchange Program, Summer Work/Travel... 1400 AB10 2006 Availability of Information to the Public... 1400 AB85 2007 Child Status Protection Act Beneficiaries... 1400 AB87 2008 Documentation of Immigrant and Nonimmigrant Visas Fingerprint Requirements... 1400 AB88 2009 Department of State Acquisition Regulation (DOSAR)... 1400 AB90 2010 National Security Information Regulations... 1400 AB91 2011 Electronic Passport... 1400 AB93 Department of State Final Rule Stage Sequence Title Regulation Identifier 2012 Hague Intercountry Adoption Convention Implementation... 1400 AA88 2013 Student Exchange Visitor Information System (SEVIS) Rule... 1400 AB45 2014 Elimination of Crew List Visas... 1400 AB49 2015 Documentation of Nonimmigrants; Border Commuter Students... 1400 AB64 2016 Documentation of Nonimmigrant Visas; Student and Exchange Visitor System (SEVIS)... 1400 AB65 2017 Uncertified Foreign Health Care Workers... 1400 AB68 2018 Hague Intercountry Adoption Preservation of Convention Records... 1400 AB69 2019 Documentation of Immigrants Under the Immigration and Nationality Act Electronic Petition for Diversity Immigrant Status... 1400 AB84 2020 Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended Professionals Under the North American Free Trade Agreement... 1400 AB89 Department of State Completed Actions Sequence Title Regulation Identifier 2021 Revision to Department of State Acquisition Regulation (DOSAR)... 1400 AB06 2022 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs and Activities Receiving Federal Financial Assistance... 1400 AB17 2023 Documentation of Immigrants; Special Immigrant Status Fee for Relatives of Victims of September 11, 2001, Attacks... 1400 AB63 2024 Documentation of Immigrants; Diversity Visas... 1400 AB66 2025 Amendment to the International Traffic in Arms Regulations: United States Munitions List... 1400 AB70 2026 Amendment to the International Traffic in Arms Regulations for the US Munitions List, Categories I, VI, and XX... 1400 AB71 2027 International Traffic in Arms Regulations... 1400 AB86 VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414

Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified Agenda 37837 Department of State () Proposed Rule Stage 2005. CULTURAL EXCHANGE PROGRAM, SUMMER WORK/TRAVEL Legal Authority: 8 USC 1101(2)(15)(J), 1182, 1184, 1258; 22 USC 1431 to 1442, 1475e, 2451 to 2460; Foreign Affairs Reform and Restructuring Act, PL 105 277, 112 Stat 2681 et seq; Reorganization Plan No 2 of 1977, 3 CFR, 1977 Comp, p 200; EO 12048 of March 27, 1978, 3 CFR, 1978 Comp, p 168 CFR Citation: 22 CFR 62.32 Abstract: The Department is adopting specific regulations governing participation in summer work/travel programs conducted by Departmentdesignated sponsors pursuant to Public Law 105-277. These regulations supersede program guidelines promulgated by the USIA and published at 61 FR 13760 (March 28, 1996). NPRM 10/00/04 Additional Information: Transferred from RIN 3116-AA16. Agency Contact: Stanley S. Colvin, Acting Director, Office of Exchange Coordination and Designation, Department of State, Bureau of Educational and Cultural Affairs, 301 4th Street SW, Washington, DC 20547 Phone: 202 401 9810 Fax: 202 401 9809 Email: scolvin@pd.state.gov. RIN: 1400 AB10 2006. AVAILABILITY OF INFORMATION TO THE PUBLIC Legal Authority: 22 USC 552.552a; EO 12858, as amended; 68 FR 15313; EO 12600; 55 FR 9318; Ethics in Government Act of 1978, PL 95 521, as amended CFR Citation: 22 CFR 171 Abstract: This proposed rule revises the regulation governing access by the public to information that is under the control of the Department in order to reflect changes in the provisions of the basic laws and Executive orders pertaining to access to information. NPRM 03/31/04 69 FR 16841 NPRM Comment 06/29/04 Period Final Action 08/00/04 Agency Contact: Margaret Peppe, Chief, Programs and Plans Division of the Office of Information Programs and Services, Department of State, SA 2, Room 6073, Washington, Phone: 202 261 8327 Fax: 202 663 2717 Email: peppemg@state.gov RIN: 1400 AB85 2007. CHILD STATUS PROTECTION ACT BENEFICIARIES. CFR Citation: Not Yet Determined Abstract: The rule implements the Child Status Protection Act of 2002. The Act helps protect certain immigrant visa applicants from being denied immigration benefits due to their reaching the age of 21 and because of delays in legacy INS petition approval and adjustment processing. If an alien is eligible for relief after reaching age 21, his/her age is frozen throughout the pendency of his/her case. The rule sets forth the special formulas for calculating an alien s age for immigrant visa processing purposes. RIN: 1400 AB87 2008. DOCUMENTATION OF IMMIGRANT AND NONIMMIGRANT VISAS FINGERPRINT REQUIREMENTS. CFR Citation: Not Yet Determined Abstract: The rule announces the Department s intention to fingerprint certain immigrant and nonimmigrant visa applicants. Pursuant to section 303 of the Enhanced Border Security and Visa Entry Reform Act, on and after October 26, 2004, the Secretary of State will issue to aliens only machinereadable, tamper-resistant visas and travel and entry documents that use biometric identifiers. Fingerprints will be taken for the purpose of establishing a pilot program for meeting the biometric requirement. 22CFR 41.105 authorizes consular officers to fingerprint visa applicants if the officer considers that necessary for the purposes of investigation or identification. Phone: 202 663 1202 RIN: 1400 AB88 VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414

37838 Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified Agenda Proposed Rule Stage 2009. DEPARTMENT OF ACQUISITION REGULATION (DOSAR). Legal Authority: PL 93 400; PL 96 83 CFR Citation: 48 CFR 6 Abstract: This (DOSAR) change will update the (DOSAR) with respect to Defense Base Act coverage, as well as make other editorial changes. Agency Contact: Gladys G. Gines, Procurement Analyst, Office of the Procurement Executive, Department of State, SA 6, Room 603, Washington, 0602 Phone: 703 516 1691 Fax: 703 875 6155 Email: ginesgg@state.gov RIN: 1400 AB90 2010. NATIONAL SECURITY INFORMATION REGULATIONS. Legal Authority: EO 12958, as amended CFR Citation: 22 CFR Part 9 Abstract: The rule will revise the regulations governing the classification of national security information under the control of the Department in order to reflect the provisions of EO 12958, as amended by EO 13292 (March 25, 2003), on national security information. Agency Contact: Nicholas M. Murphy, Foreign Affairs Officer, Department of State, A/RPS/IPS, Room 4057, State Annex 2, 515 22nd St., NW, Washington, 6001 Phone: 202 261 8333 Fax: 202 261 8571 Email: murphynm@state.gov RIN: 1400 AB91 2011. ELECTRONIC PASSPORT. Legal Authority: 22 USC 211a, 213, 2651(a), 2671(d)(3), 2714, 3926; 31 USC 9701; EO 11295; 18 USC 1621(a)(2) CFR Citation: 22 CFR 51 Legal Deadline: NPRM, Statutory, August 2004. Abstract: 22 CFR Part 51 will be amended to include language governing the issuance of the new electronically readable U.S. passports NPRM 08/00/04 Agency Contact: Polansky C. Polansky, Attorney Advisor, Department of State, 2100 Pennsylvania Ave., N.W., Washington, DC 20037 Phone: 202 663 3686 Fax: 202 663 2654 Email: polanskysc@state.gov RIN: 1400 AB93 Department of State () Final Rule Stage 2012. HAGUE INTERCOUNTRY ADOPTION CONVENTION IMPLEMENTATION Priority: Other Significant Legal Authority: 42 USC 14901 to 14954 CFR Citation: 22 CFR 96 Abstract: Regulations will implement accreditation aspects of the Hague Convention for the Protection of Children and Cooperation in Respect of Intercountry Adoption and its implementing legislation. NPRM 09/15/03 68 FR 54064 NPRM Comment 11/14/03 Period Final Action 04/00/05, Local, State, Tribal Agency Contact: Anna Mary Coburn, Office of Policy Review and Interagency Liaison, Bureau of Consular Affairs, Department of State, 2201 C Street NW, Washington, DC 20520 Phone: 202 736 9081 Fax: 202 736 9111 Email: coburna@state.gov RIN: 1400 AA88 2013. STUDENT EXCHANGE VISITOR INFORMATION SYSTEM (SEVIS) RULE Unfunded Mandates: Undetermined Legal Authority: 8 USC 1101(a)(15)(j), 1182, 1184, 1258; 22 USC 1431 to 1442, 1475e, 2451 to 2460; Foreign Affairs Reform and Restructuring Act, PL 105 277, 112 Stat 2681 et seq; Reorganization Plan No 2 of 1977, 3 CFR 1977 Comp, p 200; EO 12048 of March 27, 1978, 3 CFR, 1978 Comp, p 168 CFR Citation: 22 CFR Part 62, Subpart F Abstract: The Department is amending the Exchange Visitor Program regulations to facilitate the requirements established by section 641 of Public Law 104-208 (as amended) for the Legacy INS Student and Exchange Visitor Program (SEVP). VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414

Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified Agenda 37839 Final Rule Stage Interim Final Rule 12/12/02 67 FR 76307 Interim Final Rule 01/13/03 Final Action 01/00/05 Federalism: Undetermined Agency Contact: Stanley S. Colvin, Acting Director, Office of Exchange Coordination and Designation, Department of State, Bureau of Educational and Cultural Affairs, 301 4th Street SW, Washington, DC 20547 Phone: 202 401 9810 Fax: 202 401 9809 Email: scolvin@pd.state.gov. RIN: 1400 AB45 2014. ELIMINATION OF CREW LIST VISAS Legal Authority: 8 USC 1101(a)(15)(D); 8 USC 1201(f) CFR Citation: 22 CFR 41.42 Abstract: Rule eliminates crew list visas. NPRM 12/13/02 67 FR 76711 NPRM Comment 02/11/03 Period Interim Final Rule 03/18/04 69 FR 12797 Final Action 06/00/04 RIN: 1400 AB49 2015. DOCUMENTATION OF NONIMMIGRANTS; BORDER COMMUTER STUDENTS CFR Citation: 22 CFR 41.61 Abstract: This regulation allows foreign students living in Canada and Mexico to commute to the U.S. to study. Interim Final Rule 05/23/03 68 FR 28129 Interim Final Rule 07/22/03 Final Action 09/00/04 Related RIN: Related to 1400 AB65 RIN: 1400 AB64 2016. DOCUMENTATION OF NONIMMIGRANT VISAS; STUDENT AND EXCHANGE VISITOR SYSTEM (SEVIS) CFR Citation: 22 CFR 41.61 and 41.62 Abstract: This regulation provides for the electronic monitoring of students and exchange visitors. Interim Final Rule 05/23/03 68 FR 28129 Interim Final Rule 07/22/03 Final Action 09/00/04 Related RIN: Related to 1400 AB64 RIN: 1400 AB65 2017. UNCERTIFIED FOREIGN HEALTH CARE WORKERS CFR Citation: 22 CFR 40.53 Abstract: This regulation outlines requirements for foreign health care workers. Interim Final Rule 12/17/02 67 FR 77158 Interim Final Rule 12/17/02 Effective Interim Final Rule 02/18/03 Final Action 06/00/04 RIN: 1400 AB68 2018. HAGUE INTERCOUNTRY ADOPTION PRESERVATION OF CONVENTION RECORDS. Legal Authority: 42 USC 14901 to 14954 CFR Citation: 22 CFR 98 Abstract: Regulation to implement preservation of records requirements under the Intercountry Adoption Act of 2000. NPRM 09/15/03 68 FR 54119 VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414

37840 Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified Agenda Final Rule Stage NPRM Comment 11/14/03 Period Final Action 04/00/05 Agency Contact: Anna Mary Coburn, Office of Policy Review and Interagency Liaison, Bureau of Consular Affairs, Department of State, 2201 C Street NW, Washington, DC 20520 Phone: 202 736 9081 Fax: 202 736 9111 Email: coburna@state.gov RIN: 1400 AB69 2019. DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT ELECTRONIC PETITION FOR DIVERSITY IMMIGRANT STATUS. Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Abstract: This rule changes the manner in which aliens may petition for the opportunity to participate in the Diversity Visa Program from a standard mail-in system to an entirely electronic system utilizing a specifically designated Internet website. Interim Final Rule 08/18/03 68 FR 49353 Interim Final Rule 10/17/03 Final Action 09/00/04 RIN: 1400 AB84 2020. DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED PROFESSIONALS UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT Unfunded Mandates: Undetermined Legal Authority: North American Free Trade Agreement, PL 103 182 CFR Citation: 22 CFR 41.59 Abstract: Consistent with NAFTA requirements, this amendment removes limitations on the number of Mexicans who may enter the United States as non-immigrant professionals. Interim Final Rule 09/00/04 RIN: 1400 AB89 Department of State () Completed Actions 2021. REVISION TO DEPARTMENT OF ACQUISITION REGULATION (DOSAR) Priority: Info./Admin./Other CFR Citation: 48 CFR 6 Completed: Reason Date FR Cite NPRM 11/13/03 68 FR 64297 Final Action 04/13/04 69 FR 19329 Agency Contact: Gladys G. Gines Phone: 703 516 1691 Fax: 703 875 6155 Email: ginesgg@state.gov RIN: 1400 AB06 2022. NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, HANDICAP, AND AGE IN PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE CFR Citation: 22 CFR 141 to 143 Completed: Reason Date FR Cite Final Action 09/25/03 68 FR 51334 Agency Contact: Antoinette St. Clair Phone: 202 647 9295 Fax: 202 647 4969 Email: stclairaf@state.gov RIN: 1400 AB17 2023. DOCUMENTATION OF IMMIGRANTS; SPECIAL IMMIGRANT STATUS FEE FOR RELATIVES OF VICTIMS OF SEPTEMBER 11, 2001, ATTACKS CFR Citation: 22 CFR 42.21 Abstract: This body of regulations grants special immigrant status under section 421 of Public Law 107-56 for certain relatives of victims of the September 11, 2001, attacks. Interim Final Rule 01/11/02 67 FR 1414 VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414

Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified Agenda 37841 Completed Actions Interim Final Rule 03/12/02 Final Action 03/20/03 68 FR 13628 Related RIN: Previously reported as 1400 AB38 RIN: 1400 AB63 2024. DOCUMENTATION OF IMMIGRANTS; DIVERSITY VISAS CFR Citation: 22 CFR 42.33 Abstract: This regulation governs the usage of O-Net to determine work experience for the issuance of Visas. Interim Final Rule 08/09/02 67 FR 51752 Interim Final Rule 09/09/02 Interim Final Rule 09/09/02 Effective Withdrawn 04/28/04 Related RIN: Related to 1400 AB84 RIN: 1400 AB66 2025. AMENDMENT TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS: UNITED S MUNITIONS LIST. Legal Authority: 22 USC 2778 CFR Citation: 22 CFR 121 Abstract: U.S. Munitions List Category VII Tanks and Military Vehicles; Category IX Military Training Equipment; and Category X Protective Personnel Equipment are being amended to provide further clarification of the items covered under these categories. Withdrawn 04/22/04 Small Entities Affected: Businesses Agency Contact: Mary Sweeney, Munitions Control Analyst, Department of State, 2401 E Street NW, 12th Floor, Washington, Phone: 202 663 2865 Fax: 202 261 8199 Email: sweeneymf@state.gov RIN: 1400 AB70 2026. AMENDMENT TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS FOR THE US MUNITIONS LIST, CATEGORIES I, VI, AND XX. Legal Authority: 22 USC 2778 CFR Citation: 22 CFR 121 Abstract: U.S. Munitions List Category I, Firearms; Category VI Vessels of War and Special Naval Equipment; and Category XX Submersible Vessels, oceanographic and associated equipment are being amended to provide further clarification of the items covered under these categories. Withdrawn 04/22/04 Small Entities Affected: Businesses Agency Contact: Mary Sweeney, Munitions Control Analyst, Department of State, 2401 E. Street, NW, 12th Floor, Washington, Phone: 202 663 2865 Fax: 202 261 8199 Email: sweeneymf@state.gov RIN: 1400 AB71 2027. INTERNATIONAL TRAFFIC IN ARMS REGULATIONS Legal Authority: 22 USC 2778 CFR Citation: 22 CFR 120 Legal Deadline: Final, Statutory, November 1, 2003. Abstract: The International Traffic in Arms Regulations have been amended at section 120.1 to reflect that two individuals hold the separate positions of Deputy Assistant Secretary for Defense Trade Controls and Managing Director of Defense Trade Controls. Final Action 10/03/03 68 FR 57352 Agency Contact: Mary Frances Sweeney, Munitions Control Analyst, Department of State, 12th Floor, 2401 E Street NW, Washington, DC 20522 0112 Phone: 202 663 2865 Fax: 202 261 8199 Email: sweeneymf@state.gov RIN: 1400 AB86 [FR Doc. 04 12682 Filed 06 25 04; 8:45 am] BILLING CODE 4710 10 S VerDate Apr<15>2004 10:25 Jun 22, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 1254 Sfmt 1254 C:\UNIFIED\SPRING~1\PARSED~1\UA040414.TXT PRFM99 PsN: UA040414