Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25669 

actions specified in paragraph (l) of this AD 

must be done. 

(1) Install P/N D3411013520200 in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A320–34–1564, including Appendix 

01, dated January 25, 2013. 

(2) Install P/N D3411007620000 or P/N 

D3411013520000, in accordance with a 

method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the European 

Aviation Safety Agency (EASA) (or its 

delegated agent). 

(k) New Exception to Paragraphs (g) and (j) 

of This AD 

An airplane on which Airbus modification 

154863 (installation of AOA sensor flat plate) 

and modification 154864 (coating protection) 

have been embodied in production is not 

affected by the requirements of paragraph (g) 

or (j) of this AD, provided that, since first 

flight, no AoA sensor conic plate having 

P/N F3411060200000 or P/N 

F3411060900000 has been installed on that 

airplane. 

(l) New Removal of AFM Revision 

After modification of an airplane as 

required by paragraph (j) of this AD, Airbus 

A318/A319/A320/A321 Temporary Revision 

TR286, Issue 1.0, dated December 17, 2012, 

that was inserted into the Airbus A318/A319/ 

A320/A321 AFM as required by paragraph (g) 

of this AD is no longer required and must be 

removed from the AFM of that airplane 

before further flight. 

(m) New Parts Installation Prohibition 

(1) As of the effective date of this AD, for 

any airplane that has AoA sensor flat plates 

installed: As of the effective date of this AD, 

do not install any AoA sensor conic plate 

having P/N F3411060200000 or P/N 

F3411060900000, and do not use any AoA 

protection cover having P/N 

98D34203003000. 

(2) For any airplane that has AoA sensor 

conic plates installed: As of the effective date 

of this AD, after modification of the airplane 

as required by paragraph (j) of this AD, do 

not install any AoA sensor conic plate having 

P/N F3411060200000 or P/N 

F3411060900000, and do not use any AoA 

protection cover having P/N 

98D34203003000. 

(n) Special Flight Permits 

Special flight permits may be issued in 

accordance with §§ 21.197 and 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199) to operate the airplane to a 

location where the airplane can be modified 

(if the operator elects to do so), provided 

Airbus A318/A319/A320/A321 Temporary 

Revision TR286, Issue 1.0, dated December 

17, 2012, has been inserted into the 

Emergency Procedures of the Airbus A318/ 

A319/A320/A321 AFM. 

(o) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1405; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(p) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2013–0022, dated 

February 1, 2013; Airbus Mandatory Service 

Bulletin A320–34–1564, including Appendix 

01, dated January 25, 2013; and Airbus A318/ 

A319/A320/A321 Temporary Revision 

TR286, Issue 1.0, dated December 17, 2012. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EIAS, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. You may review copies of 

the referenced service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on April 23, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–10361 Filed 5–1–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice 8308] 

RIN 1400–AC60 

Exchange Visitor Program—Teachers 

AGENCY: Department of State. 

ACTION: Proposed rule with request for 

comment. 

SUMMARY: The Department is amending 

existing regulations governing the 

teacher category of the Exchange Visitor 

Program. The proposed amendments 

clarify the duration of program 

participation; amend eligibility 

requirements with respect to verifying 

English proficiency; and reduce the 

required teaching or related experience 

from three years to the equivalent of two 

years full-time teaching experience; 

introduce a required cultural 

component; and propose the 

implementation of a two-year bar for 

repeat participation to foster the 

purpose of the Mutual Educational and 

Cultural Exchange Act of 1961, 

(‘‘Fulbright-Hays Act’’). These proposed 

changes will enhance the integrity and 

programmatic effectiveness of the 

teacher category. 

DATES: The Department will accept 

comments on the proposed regulation 

from the public up to July 1, 2013. 

ADDRESSES: You may submit comments 

identified by any of the following 

methods: 

• Persons with access to the Internet 

may also view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm and 

searching for the RIN (1400–AC60) 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Private Sector Exchange, SA– 

5, Floor 5, 2200 C Street NW., 

Washington, DC 20522–0505. 

• Email: JExchanges@state.gov. You 

must include the RIN (1400–AC60) in 

the subject line of your message. 

FOR FURTHER INFORMATION CONTACT: 

Robin J. Lerner, Deputy Assistant 

Secretary for Private Sector Exchange, 

U.S. Department of State, SA–5, Floor 5, 

2200 C Street NW., Washington, DC 

20522–0505; telephone: (202) 632–2805; 

fax (202) 632–2701. 

SUMMARY: Statement of Need. In recent 

years, the teacher exchange program has 

been used by some sponsors in a 

manner that falls outside the original 

intent of the program. Occasionally, it 

has been used to fill a labor need in U.S. 

public and private schools rather than to 

further a cultural exchange. The 

Department has identified issues 

regarding job placements, wages and 

hours, and is of the opinion that the 

program lacks a cultural component 

necessary for the program to be 

consistent with the Mutual Educational 

and Cultural Exchange Act of 1961, as 

amended. In addition, the substance of 

this rule has been informed by analysis 

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25670 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

and implementation of exchange teacher 

programs, including pilot programs. As 

a result, the Department is proposing to 

modify the current teacher regulations 

set forth at 22 CFR 62.24. The 

Department seeks to: (i) Reform the 

teacher exchange program; (ii) ensure 

that the program better protects the 

health, safety, and welfare of program 

participants; and (iii) fortify the 

program’s prestige as a world class U.S. 

public diplomacy initiative. 

Statement of Legal Authority. The 

Exchange Visitor Program (of which the 

teacher category is one of 15 categories 

of program types) is authorized by the 

Mutual Educational and Cultural 

Exchange Act of 1961 (Pub. L. 87–256, 

75 Stat. 527) (Fulbright-Hays Act or Act) 

and implemented through 22 CFR 62.24. 

Enacted by the 87th Congress on 

September 21, 1961, the Act’s stated 

purpose is ‘‘to increase mutual 

understanding between the people of 

the United States and the people of 

other countries by means of educational 

and cultural exchange; to strengthen the 

ties which unite us with other nations 

by demonstrating the educational and 

cultural interests, developments, and 

achievements of the people of the 

United States and other nations, and the 

contributions being made toward a 

peaceful and more fruitful life for 

people throughout the world. . . .’’ In 

the half century since the Act’s passage, 

millions of foreign participants, 

Americans, and friends and families of 

the participants have benefitted from 

the mutual understanding and peaceful 

relations that can be derived from such 

person-to-person contact. The teacher 

exchange program embodies and carries 

forward the stated purpose and intent of 

the Act. 

Reasons for this Notice of Proposed 

Rulemaking (NPRM). The NPRM makes 

several changes, including adding the 

following requirements: 

1. Sponsors must require each 

exchange teacher to complete a cultural 

activity component annually through 

which the exchange teachers can share 

aspects of their own cultural heritage 

with their U.S. communities. Moreover, 

sponsors must ensure that exchange 

teachers to incorporate cultural heritage 

lessons or elements into their 

curriculum, and that they do so. This 

cultural component is seen as a valuable 

tool to involve exchange teachers in the 

communities where they live and teach, 

to inform their communities about their 

cultures, and to help U.S. students 

develop global awareness and an 

interest in other countries; 

2. Teacher applicants must, at a 

minimum, have a university or college 

degree in either education or the subject 

matter they intend to teach; 

3. The eligibility requirement for 

teachers is being changed from 

‘‘minimum of 3 years of teaching or 

related professional experience’’ to ‘‘two 

years of full-time teaching experience, 

post degree.’’; 

4. Sponsors must verify a teacher 

applicant’s English language proficiency 

through recognized language tests or inperson interviews, videoconferencing, 

or telephone interviews; 

5. Job placements in the U.S. must be 

full-time positions located in accredited 

primary or secondary (K–12) public or 

private academic institutions in the 

United States, which excludes prekindergarten or daycare institutions; 

6. The Department will increase the 

transparency of the total cost and fees to 

the program participants; and 

7. A repeat participation clause has 

been added. 

SUPPLEMENTARY INFORMATION: 

Educational and cultural exchanges are 

the cornerstone of U.S. public 

diplomacy and an integral component of 

U.S. foreign policy. The purpose of the 

teacher category of the Exchange Visitor 

Program is to promote the interchange 

of American and foreign teachers in 

public and private schools; to enhance 

mutual understanding between the 

people of the United States and people 

of other countries; to strengthen 

international education programs in 

U.S. schools through the delivery of an 

international perspective to students; to 

provide U.S. teachers with an 

opportunity to expand their 

international understanding by working 

alongside foreign colleagues; and to 

provide opportunities for the 

development of lasting links between 

U.S. and foreign schools. These 

regulations govern exchange visitors 

who teach full-time in primary and 

secondary (K–12) accredited public or 

private academic institutions in the 

United States. Program participants 

sharpen their professional skills and 

foster meaningful relationships through 

their participation in activities with 

Americans in schools and communities, 

and they return home ultimately to 

share their experiences and increased 

knowledge of the United States and the 

U.S. educational system. Such 

exchanges enable visitors to have a 

heightened understanding of U.S. 

culture, society, and teaching practices 

at the primary and secondary levels, and 

allow U.S. students who lack 

opportunities to travel abroad to have 

early, meaningful relationships with 

individuals from other cultures. 

It is equally important that the public 

and private schools that host foreign 

exchange teachers have the 

responsibility and intent to create a 

holistic cultural program and 

contemplate the overall experience that 

these teachers will take back to their 

home countries. The Department 

supports the use of exchange visitor 

teachers to help students understand 

other cultures and comprehend global 

issues and to promote the study of 

foreign languages and culture. Native 

speakers add a vital dimension to 

foreign language instruction. Speaking 

another’s language promotes 

understanding, conveys respect, and 

strengthens the ability to engage foreign 

peoples and governments. In recent 

years, the Department has been 

strengthening the rules throughout the 

Exchange Visitor Program (22 CFR Part 

62) to ensure that this program is 

consistent with the purpose of Section 

109 of the Fulbright-Hays Act, and that 

this program is not being used for other 

purposes. On occasion, some sponsors 

have used the J–1 teacher exchange 

program to address teacher shortages by 

filling permanent teaching positions 

with exchange teachers, who later 

convert to H–1B visa workers for an 

extended period of employment. This 

contravenes the underlying purpose of 

the Mutual Educational and Cultural 

Exchange Act, which is ‘‘to increase 

mutual understanding between the 

people of the United States and the 

people of other countries . . . and the 

contributions being made toward a 

peaceful and more fruitful life for 

people throughout the world . . . ’’ 

Consistent with this stated purpose, 

the teacher exchange program is not to 

be used to recruit and train foreign 

teachers for permanent employment in 

the United States. The teacher category 

regulations are being amended to clarify 

that the exchange teacher’s participation 

at a primary or secondary accredited 

academic institution must be temporary 

while in the United States on a J–1 visa 

and that J–1 program participants are 

expected to return to their home 

countries following completion of their 

exchange programs. The Department 

proposes that sponsors be required to 

ensure that J–1 teachers are only placed 

in primary or secondary academic 

schools that are duly recognized and 

declared as accredited academic 

institutions by the appropriate authority 

of the state in which they are located. 

The definition of an accredited 

academic institution is not currently in 

Section 62.2; however, the Department 

has proposed a definition of this term in 

a previous NPRM (see 74 FR 48177, RIN 

1400–AC36). The proposed definition of 

an accredited academic institution is, 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25671 

‘‘any publicly or privately operated 

primary, secondary, or post-secondary 

institution in the United States that 

offers primarily academic programs and 

is duly accredited by the appropriate 

academic accrediting authority of the 

jurisdiction in which such institution is 

located. An institution that offers 

primarily vocational or technical 

programs does not fall within the 

purview of an academic institution for 

this purpose.’’ 

Sponsors must ensure that an 

exchange teacher’s appointment to a 

position at a primary or secondary 

accredited academic institution is 

temporary, even if the teaching position 

is permanent. 

In addition, a foreign national may be 

admitted to the United States as a J–1 

nonimmigrant in the teacher category 

only for the purpose of full-time 

teaching as a teacher of record, not as 

a teacher’s assistant/aide, substitute 

teacher, or other non-instructional 

position at a primary or secondary 

accredited academic institution. A fulltime teaching position is defined to be 

employment for a minimum of 32 hours 

per week. 

Transparency of Fees 

Various program fees charged to 

participants by foreign agents, sponsors 

and U.S. host schools remain a key 

vulnerability in the Exchange Visitor 

Program. This vulnerability is 

propagated by work-related deductions 

(i.e., meals, housing costs, school 

materials) taken out of a participant’s 

wages. In many cases, after these 

deductions, participants’ take-home pay 

is an insufficient amount of money to 

live on in the United States or to defray 

the cost associated with their exchange 

program. 

The Department believes that 

requiring sponsors to provide 

participants with a comprehensive 

breakdown of total Program fees 

(including visa fee, the Student and 

Exchange Visitor Information System 

(SEVIS) fee, insurance costs, estimates 

for housing and transportation costs, 

foreign agent/partner fee, sponsor fee, 

expected work-related deductions, and 

estimates of all other fees) charged for 

participation in a teacher exchange 

program would greatly enhance 

transparency and better ensure that 

participants fully understand the 

financial obligation they assume when 

choosing to participate in an exchange 

program. 

The Department accordingly suggests 

that sponsors and foreign agents post on 

their Web sites and make known during 

the teacher application process a 

comprehensive breakdown of those total 

program fees listed above. This 

requirement would allow all parties 

involved or interested in the Exchange 

Visitor Program to understand when 

sponsor and foreign agents add extra 

fees or charge excessive rates. The 

Department seeks comment on whether 

these proposed requirements would 

make program fees transparent and 

better ensure that exchange teachers 

understand the cost of an exchange 

program. 

Cultural Activity Component 

To fulfill the cultural goals of the 

Exchange Visitor Program, this rule also 

proposes to add a mandatory annual 

cultural component through which the 

exchange teachers can share aspects of 

their cultural heritage with their 

American communities, set forth at 

§ 62.24(g). This cultural component is a 

valuable tool to involve exchange 

teachers in the communities where they 

live and teach, to inform their 

communities about their cultures, and 

to help students develop global 

awareness and interest in learning more 

about or visiting other countries. The 

Department proposes that the sponsor, 

host school and exchange teacher work 

together to develop a creative cultural 

component. One example of this 

component could be to have exchange 

teachers make annual presentations in 

public settings (e.g., schools, museums, 

civic organizations, businesses 

associations) where there is direct 

interaction with the school or larger 

communities and in which they could 

share aspects of their home countries 

(e.g., history, traditions, heritage, music, 

dance, art, economy, educational 

system). In addition, the Department is 

proposing that exchange teachers foster 

cross-cultural learning experiences for 

students by maintaining, and involving 

U.S. students in, a virtual exchange 

component to complement the inperson exchange. The objective for the 

virtual exchange component, defined as 

technology-enabled, sustained, peopleto-people cross-cultural education 

programs, is to supplement the goals of 

the in-person exchange and to integrate 

global knowledge, cultural awareness 

and/or foreign language into the 

classroom. Exchange teachers may 

develop dialogues or other virtual 

activities with schools or students in 

their home countries. The Department 

expects that the use of virtual means 

may not be possible in every situation 

and in those instances, would accept 

dialogue facilitated through other 

means. 

Exchange teachers will be required to 

submit an annual report to their 

program sponsors detailing this 

component of their exchange visitor 

programs. The report does not have to 

be in a specific format, but must contain 

specific fields of information as 

identified in these regulations (i.e., date 

or dates, teacher name, program sponsor 

name, location, topic, number of 

individuals in attendance, and a general 

overview of the project and its impact). 

Sponsors must retain the reports as part 

of each participant’s documentation for 

a period of three years following the 

completion of the teacher’s exchange 

program, as required by the Exchange 

Visitor Program regulations (22 CFR 

62.10). The Department encourages 

sponsors to share examples of such 

cultural activities with the Department 

as best practices and positive program 

models. 

Teacher Eligibility 

Current regulations state that foreign 

teachers are expected to have ‘‘a 

minimum of three years of teaching or 

related professional experience.’’ It is 

critical to the success of this exchange 

program that foreign teachers have the 

necessary skills and teaching experience 

to benefit from exchange opportunities 

and to achieve the intended goals of this 

professional exchange program. 

Exchange teachers must be able to make 

an immediate impact in the classroom 

and share some of their teaching 

methods with American teachers while 

developing or enhancing their own 

professional skills. While new teachers 

or recent college graduates may have a 

strong interest in the cultural 

opportunities offered through the 

Exchange Visitor Program, they do not 

have the essential teaching experience 

(including experience in classroom 

control, student discipline, or parental 

involvement) to meet the goals of the 

Exchange Visitor Program. Therefore, 

this rule proposes that exchange 

teachers have the equivalent of a U.S. 

Bachelor’s degree in either education or 

in the subject matter (or related subjects) 

they intend to teach; the equivalent of 

two years of post-degree full-time 

teaching experience; and be employed 

as a teacher at the time of application 

for the program. Further, the 

Department proposes to reduce the 

number of years of teaching experience 

necessary to qualify for program 

participation from three to two years. 

The Department received comments in 

the past from several larger teacher 

sponsors regarding this reduction and 

believes that two years of teaching 

experience is sufficient combined with 

the U.S. Bachelor’s degree or equivalent 

requirement. Specific comments on this 

proposal are requested. 

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25672 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

The Department is of the opinion that 

all reasonable measures should be taken 

to ensure the safety of students placed 

in the classroom of exchange teachers. 

U.S. teachers are required to have 

undergone a criminal background check 

before being hired, and many state-level 

Departments of Education and local 

schools and school districts require the 

same screening for exchange teachers 

being placed in a U.S. classroom. 

Sponsors must be aware and comply 

with all state-level Departments of 

Education and local school or school 

district requirements regarding security 

and criminal background checks. The 

security checks are often completed in 

separate phases, such as prior to 

program acceptance and visa issuance, 

and upon arrival in the United States 

and before the beginning of their 

exchange program. 

English Language Screening 

The proposed rule retains the longstanding practice that sponsors may 

develop their own business practice to 

interview potential participants and 

document such interviews in order to 

ensure that selected applicants have 

sufficient English language skills to 

travel in the United States and function 

successfully in their work 

environments. To make this 

determination, the Department proposes 

that sponsors may either (i) obtain 

English language test scores from 

recognized language skills tests 

administered by academic institutions 

or English language schools, or (ii) 

evaluate applicants’ language skills 

during documented sponsor interviews. 

The proposed rule affords a third option 

for additional flexibility for meeting this 

requirement by allowing sponsors the 

option to video-conference applicant 

interviews, rather than conducting them 

only in person. The final option consists 

of conducting an interview by telephone 

if an in-person or videoconferencing 

interview is not a viable option. 

Although foreign entities may assist 

sponsors in this recruiting function, 

sponsors are responsible for the final 

selection of their program participants. 

Sponsors shall document proof of 

English proficiency in each teacher’s file 

and provide such proof of English 

proficiency to the Department upon 

request during site visits or 

investigations of complaints. 

Program Dates 

The proposed rule includes a new 

requirement set forth at § 62.24(e)(2) 

that program dates should coincide with 

the academic year cycle (July 1–June 30) 

to ensure a smooth transition as 

exchange teachers arrive and depart, 

unless specifically requested in writing 

and permitted by the school. This 

provision will result in less disruption 

to the schools. A school may submit a 

written waiver of this requirement to the 

sponsor if a teacher is requested and the 

program will be sufficiently supported 

outside the normal beginning dates of 

an academic year. 

Program Extensions 

The Department recognizes that in 

some circumstances program extensions 

beyond the maximum duration may be 

necessary when a participant is unable 

to complete the exchange due to 

extenuating circumstances (i.e., 

accident, medical reasons). However, 

such extension requests should be rare 

as sponsors of teacher exchange 

programs are expected to develop an 

exchange visitor program that can be 

completed within three years. 

Justifications such as wishing not to 

interrupt an ongoing program or heavy 

reliance on a specific exchange teacher 

are not reconcilable with the 

Department’s requirement that the 

maximum period of program duration 

for a teacher should not exceed three 

years. 

Teacher Compensation 

The proposed regulations also clarify 

that exchange teachers are to be paid (or 

compensated) directly by the schools or 

school districts in which they are 

placed, unless they are supported by 

foreign government funding or through 

continued support from their home 

schools. Participants must be under the 

direct supervision and guidance of 

schools, and are not employees of 

sponsor organizations. SEVIS records 

should exactly reflect the funding 

situation for each participant. Teaching 

positions, including duties/ 

responsibilities and hours of 

employment, must be consistent with 

similarly situated teachers in the district 

or school where an exchange teacher is 

assigned to teach. 

Repeat Participation 

Since 1949, a three-year period of 

program duration has been afforded to 

teacher participants. To date, the 

Department has been unable to identify 

a compelling public diplomacy reason 

to abandon the long-standing three-year 

limitation governing the teacher 

program. The regulations have been 

amended, however, to permit exchange 

teachers who have successfully 

completed their teacher exchange 

programs to participate again as 

exchange teachers in the Exchange 

Visitor Program. To be eligible to repeat 

the program, exchange teachers must 

have resided outside the United States 

for at least two years following 

completion of their programs and must 

continue to meet all other eligibility and 

regulatory requirements for this 

category. This amendment set forth at 

§ 62.24(j) is proposed to ensure that the 

reciprocal exchange objectives 

underlying the Exchange Visitor 

Program are met and that the Program 

is not misused for long-term 

employment purposes. 

Regulatory Analysis 

Administrative Procedure Act 

The Department of State is of the 

opinion that the Exchange Visitor 

Program is a foreign affairs function of 

the U.S. Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act (APA). The U.S. 

Government policy and longstanding 

practice has been for the Department of 

State to oversee foreign nationals who 

come to the United States as 

participants in exchange visitor 

programs, either directly or through 

private sector program sponsors or 

grantee organizations. When problems 

occur, the U.S. Government is often 

held accountable by foreign 

governments for the treatment of their 

nationals, regardless of who is 

responsible for the problems. The 

purpose of this rule is to protect the 

health, safety, and welfare of foreign 

nationals entering the United States 

(often on programs funded by the U.S. 

Government) for a finite period of time 

and with a view that they will return to 

their countries of nationality upon 

completion of their programs. The 

Department of State is of the opinion 

that the failure to protect the health, 

safety, and welfare of these foreign 

nationals will have direct and 

substantial adverse effects on the foreign 

affairs of the United States. Although 

the Department is of the opinion that 

this rule is exempt from the rulemaking 

provisions of the APA, the Department 

nevertheless is publishing this rule as a 

proposed rule, with a 60-day provision 

for public comment and without 

prejudice to its determination that the 

Exchange Visitor Program is a foreign 

affairs function. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed rule is not a major rule 

as defined by 5 U.S.C. 804 for the 

purposes of Congressional review of 

agency rulemaking under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 801–808). 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25673 

This rule will not result in an annual 

effect on the economy of $100 million 

or more; a major increase in costs or 

prices; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of U.S.-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

Unfunded Mandates Reform Act of 1995 

This proposed rule will not result in 

the expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million in any 

year; and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this proposed rulemaking will not have 

tribal implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

As discussed above in the APA 

discussion, the Department is of the 

opinion that this proposed rule is 

exempt from the provisions of 5 U.S.C. 

553, and no other law requires the 

Department of State to give notice of a 

proposed rulemaking. Accordingly, the 

Department is of the opinion that this 

proposed rule is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) and Executive Order 13272, 

§ 3(b). However, to better inform the 

public as to the costs and burdens of 

this rule, the Department notes that the 

proposed rule will affect the operations 

of 59 sponsors designated by the 

Department to conduct Teacher 

Programs. Approximately 1,200 new 

teachers begin exchange programs 

annually, and as the program allows a 

duration of up to three years, there are 

approximately 2,500 active teachers in 

the United States annually. 

Numbers of Small Businesses 

Of the 59 currently designated 

Teacher Program sponsors, 19 are 

corporate, academic, and tax-exempt 

program sponsors with annual revenues 

of less than $7 million. These 19 small 

program sponsors accounted for 569, or 

approximately 23%, of the active 2,500 

Teacher Program participants in 2012. 

Teacher Selection 

The proposed rule expands sponsor 

screening requirements to include 

verification of each potential exchange 

teacher’s English proficiency and 

verification of a U.S. Bachelor’s degree 

equivalent in education or in the subject 

he or she will teach as a participant. The 

Department estimates these additional 

requirements annually will cost $24,000 

(one burden hour at $20 for each of 

the1,200 new participants annually). 

Teaching Position 

The proposed rule more precisely 

defines exchange teacher positions by 

requiring sponsors to ensure that 

potential exchange teachers have 

accepted written offers of full-time 

teaching positions; program dates 

coincide with the academic year cycle; 

exchange teachers are in compliance 

with any applicable collective 

bargaining agreement; exchange 

teachers are appointed in temporary 

positions at primary or secondary 

accredited academic institutions; and 

exchange teachers’ duties/ 

responsibilities and hours of 

employment are consistent with 

similarly situated teachers in an 

exchange teacher’s district or school. 

The Department estimates the cost of 

the additional administrative burden 

caused by the new requirements to be 

$5,690 (0.5 burden hours at $20 for each 

of the 569 participants) annually. 

Program Disclosure 

The proposed rule requires sponsors 

to provide exchange teachers with the 

following information before their 

program begins: the length of program 

participation; the name and location of 

the school where the exchange teacher 

will be placed; a brief description of the 

school; residential accommodation 

arrangements (including cost 

implications); transportation 

arrangements to and from the exchange 

teacher’s residence and school 

(including cost implications); licensing 

procedures; terms and conditions of 

compensation (including deductions for 

tax, health insurance, etc. from the gross 

salary); any provisions affecting the 

ability of the exchange teacher to be 

accompanied abroad by a spouse or 

dependents (including any assistance 

and allowances offered therewith); a 

summary of the significant components 

of the program (including a statement of 

the teaching requirements and related 

professional obligations, including the 

required cultural activity and cultural 

heritage curriculum components); 

transparency in fees; and a written 

statement that clearly identifies the 

compensation, if any, to be paid to each 

exchange teacher and any other 

financial arrangements concerning the 

exchange visitor program. The 

Department estimates these additional 

requirements will cost $11,380 (1 

burden hour at $20 for each of the 569 

participants) annually. 

Cultural Activity Component 

The proposed rule requires sponsors 

to collect teachers’ annual reports 

detailing their cultural activity 

component. The Department estimates 

that the collection of these reports will 

annually cost $2,845.00 (0.5 burden 

hours at $10 for each of the 569 

teachers). 

Collectively, the proposed rule will 

impose new costs of no more than 

$43,915 in total to the 19 small program 

sponsors. The additional burden cost of 

this proposed rule per exchange teacher 

is approximately $70. The 19 small 

businesses vary in the number of 

exchange teachers they sponsor 

annually. Ten of the 19 small businesses 

bring in no more than the five required 

participants annually, which means a 

new burden of $350. Three small 

businesses bring in approximately 30 

teachers annually, one small business 

sponsored 75 exchange teachers in 

2012, one sponsored 150 and one 

sponsored 200 exchange teachers. For 

the small business that recruited the 

most teachers (200 teachers) in 2012, the 

cost of this proposed rule will be 

$14,000. The Department therefore does 

not believe that these regulatory changes 

will have a significant economic impact 

on a substantial number of small 

entities. 

Executive Order 12866 and 13563 

The Department is of the opinion that 

the Exchange Visitor Program is a 

foreign affairs function of the United 

States Government and that rules 

governing the conduct of this function 

are exempt from the requirements of 

Executive Order 12866 and 13563. The 

Department has nevertheless reviewed 

the proposed rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

those Executive Orders. 

The teacher exchange program 

regulations have not been amended 

since March 19, 1993. Although the 

teacher exchange program is a fairly 

small program of approximately 1,200 

new teachers annually, the Department 

is aware of the impact these exchange 

teachers have on local schools and 

school districts. First, to ensure that 

both the exchange teachers and the 

Americans with whom they work and 

teach are receiving the full benefit of 

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25674 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

this program, the Department proposes 

to increase the screening and vetting of 

potential exchange teachers. 

Specifically, a sponsor (or sponsor 

representative) must conduct an 

interview in-person or by 

videoconferencing during the 

application process to ensure sufficient 

English proficiency. In the case where 

either in-person or videoconferencing is 

not an option, telephone interviews may 

be used. The Department identifies the 

potential costs associated with the 

additional screening requirements as 

minimal. Screening applicants and 

ensuring English proficiency is a current 

business practice of sponsors. 

The proposed rule also includes a 

requirement for sponsors to provide full 

transparency on all fees associated with 

teacher exchanges. The Department 

believes that requiring sponsors to 

provide participants with a 

comprehensive breakdown of total 

program fees (including visa fee, SEVIS 

fee, estimates for food, housing and 

transportation costs, foreign agent/ 

partner fee, sponsor fee, expected workrelated deductions, and estimates of all 

other fees) would greatly enhance 

transparency and better ensure that 

participants fully understand the 

financial obligation they assume when 

choosing to participate in the Exchange 

Visitor Program. The Department 

accordingly believes that sponsors and 

foreign agents should post on their Web 

sites or through recruiting measures a 

comprehensive breakdown of those total 

program fees listed above. The 

Department believes that sponsors 

already prepare the comprehensive 

breakdown information as a business 

practice. The cost of this requirement 

will come from adding a summary to the 

existing sponsor application and 

orientation materials and is estimated at 

an additional $1.00 per exchange 

teacher for a total of $1,200.00 annually. 

Finally, to ensure that this program 

remains an educational and cultural 

exchange program, the Department 

proposes the submission of an annual 

cultural activity to be reported by all 

exchange teachers to their sponsors. The 

average cost of these reports per 

exchange teacher is estimated at $50.00 

per person. These costs would derive 

from travel expenses and materials 

required for presentations and reporting 

requirements. The Department 

recognizes that the sponsor may need 

additional resources or staff to review 

and store the reports. The Department 

estimates that the collection of these 

reports will annually cost $12,500.00 

(0.5 burden hours at $10 for 2500 

teachers). 

Teacher exchange programs 

conducted under the authorities of the 

Exchange Visitor Program promote 

mutual understanding by providing 

foreign teachers the opportunity to teach 

in American schools and participate in 

daily educational curricula in the 

United States. Teacher program 

participants gain an understanding of 

and an appreciation for the similarities 

and differences between their culture 

and that of the United States. Upon their 

return home, these teachers enrich their 

schools and communities with their 

fresh perspectives of U.S. culture and 

events. Teacher exchanges also foster 

enduring relationships and lifelong 

friendships that help build longstanding 

ties between the people of the United 

States and other countries. In reciprocal 

fashion, American school teachers and 

students are provided opportunities to 

increase their knowledge and 

understanding of the world through 

these friendships. Though the benefits 

of these exchanges to the United States 

and its people cannot be monetized, the 

Department is nonetheless of the 

opinion that these benefits outweigh the 

costs associated with this proposed rule. 

Executive Order 12988 

The Department of State has reviewed 

this proposed rule in light of §§ 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Orders 12372 and 13132 

Acknowledging that the 

administration of schools is primarily a 

state function, the Department finds that 

this proposed rule will not have 

substantial direct effect on the states, on 

the relationships between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with § 6 of Executive Order 

13132, it is determined that this 

proposed rule does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. Executive Order 12372, 

regarding intergovernmental 

consultation on federal programs and 

activities, does not apply to this 

regulation. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law 104–13, all 

Departments are required to submit to 

the Office of Management and Budget 

(OMB), for review and approval, any 

reporting and recordkeeping 

requirements inherent in a rule. See 

Public Law 104–13, 109 Stat. 163 (May 

22, 1995). This proposed rule requires 

new collection of information by 

sponsors and is covered under the PRA. 

The Department has submitted an 

information collection request to OMB 

for review and approval under the PRA. 

The information collection 

requirements contained in this proposed 

rule are pursuant to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35 

and OMB Control Number 1405–0147, 

Form DS–7000, which requires 

collection of additional information for 

the Exchange Visitor Program. As part of 

this rulemaking, the Department is 

seeking comment on the administrative 

burden associated with modifying the 

collection of information in three areas. 

Additional collections are being 

proposed under the teacher selection, 

teaching position, program disclosure 

and cultural activity component 

sections. 

First, sponsors would be required to 

provide additional information for the 

teacher, including information on the 

length of program participation; the 

name and location of the school where 

the teacher will be placed; a description 

of the school; residential 

accommodation arrangements; 

transportation options from the 

teacher’s residence to his or her site of 

activity (the school) and return; 

licensing procedures; terms and 

conditions of compensation; and a 

summary of the significant components 

of the program, as set forth in proposed 

Section 62.24(f). Also, sponsors would 

be required to collect each year a report 

on the cultural activity component of 

the teacher’s program, as set forth in 

proposed Section 62.24(g). 

(1) Type of Information Collection: 

Revision of a Currently Approved 

Collection. 

(2) Title of the Form/Collection: 

Recording, Reporting, and Data 

Collection Requirements under 22 CFR 

Part 62. 

(3) Agency form number: DS–7000. 

(4) Affected public: This is an 

expansion and continuation of an 

existing information collection utilized 

by the Bureau of Educational and 

Cultural Affairs in its administration 

and program oversight of the Exchange 

Visitor Program (J-Visa) under the 

provisions of the Mutual Educational 

and Cultural Exchange Act, as amended. 

The Department seeks public comment, 

including comments from teacher 

exchange program sponsors and other 

persons directly involved in the 

administration of teacher exchanges. 

(5) Change to information collected by 

the Department of State: The 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25675 

Department is proposing changes to 

both reporting and recordkeeping 

requirements. In addition to current 

collections, the Department proposes 

that sponsors will now be required to 

provide the following to exchange 

teachers in advance of their arrival in 

the United States: 

1. the name of the specific school 

where the teacher will be placed; 

2. a brief description of the school; 

3. residential accommodation 

arrangements (including cost 

implications); 

4. transportation arrangements to and 

from the exchange teacher’s residence 

and school (including cost 

implications); 

5. fees associated with the teacher 

exchange program; 

6. licensing procedures; 

7. terms and conditions of 

compensation (including deductions for 

taxes, health insurance, etc. from the 

gross salary); 

8. any provisions affecting the ability 

of the teacher to be accompanied abroad 

by a spouse or dependents (including 

any assistance and allowances offered 

therewith); and 

9. a summary of the required cultural 

activity component. 

The Department proposes that 

program participants will now be 

required to provide the following 

documents to the sponsors: 

1. cultural requirement annual report; 

2. proof of educational requirements; 

and 

3. proof of English proficiency. 

Recordkeeping: Sponsors will now be 

required to retain additional records as 

a result of these changes. The additional 

recordkeeping requirements are the 

results of the cultural component 

requirement annual reports. The school 

information, teaching position, and 

compensation are already collected. 

Additional information collection or 

retention burdens are discussed below. 

(6) You may submit comments by any 

of the following methods: 

Persons with access to the Internet 

may also view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. 

Email: JExchanges@State.gov. 

Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

ECA/EC/D, SA–5, Floor 5, 2200 C Street 

NW., Washington, DC 20522–0505, 

ATTN: Federal Register Notice 

Response. 

You must include the DS form 

number (DS–7000), information 

collection title, and OMB control 

number (1405–0147) in any 

correspondence. 

(7) The Department seeks public 

comment on: 

• Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Department, including whether the 

information will have practical utility; 

• The accuracy of the Department’s 

estimate of the burden of the collection 

of information, including the validity of 

the methodology and assumptions used; 

• The quality, utility, and clarity of 

the information to be collected; and 

• How to minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

(8) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The total number of 

respondents for the teacher selection, 

teacher position and program disclosure 

sections remains at an estimated 59 

organizations designated by the 

Department to conduct teacher 

exchange program activities. The 

number of respondents for the annual 

cultural activity component reporting 

requirement is estimated to be 2,500 

active exchange teachers annually. The 

recordkeeping burden on the 59 

sponsors as a result of retaining the 

annual cultural activity reports is 

estimated to be $12,500.00 (0.5 burden 

hours at $10 for 2500 active teachers). 

However, it is estimated that the burden 

on the 2500 active teachers to complete 

the cultural activity component will be 

approximately two hours. Of those 

2,500 active teachers, 1,200 teachers 

who are in their first year of the program 

will be required to provide English 

language test scores as part of the 

teacher selection process. 

(9) An estimate of the total annual 

public burden (in hours) associated with 

the collection: The additional burden 

hours for the additional teacher 

selection requirements for the 59 

program sponsors will be approximately 

1.5 hours for each of the 1,200 new 

teacher applicants annually, for a total 

additional burden of 1,800 hours (1,200 

responses × 1.5 burden hours). The 

Department calculates that the new 

annual reporting requirements for the 

cultural component may require up to 

two additional hours of work for each 

exchange teacher to complete the 

activity and a half hour per placement 

for the 59 program sponsors. The 

Department estimates that for 2,500 

active exchange teachers, the burden 

hours will total 5,000 hours (2,500 

responses × 2 hours) annually and 1,200 

hours for all sponsors (2,500 responses 

× 0.5 hours). Under the current 

collection, program disclosures are 

already estimated at 0.5 burden hours. 

The Department is increasing the 

estimated burden by .5 hour for an 

estimated total 1,200 burden hours 

(1,200 responses × 1.0 burden hour). 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, reporting 

and recordkeeping requirements. 

Accordingly, 22 CFR part 62 is 

proposed to be amended as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ 1. The Authority citation for Part 62 

continues to read as follows: 

Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 

1184, 1258; 22 U.S.C. § 1431 et seq.; 22 

U.S.C. 2451 et seq. (Fulbright-Hays Act); 

Foreign Affairs Reform and Restructuring Act 

of 1998, Pub. L. 105–277, Div. G, 112 Stat. 

2681 et seq.; Reorganization Plan No. 2 of 

1977, 3 CFR, 1977 Comp. p. 200; E.O. 12048 

of March 27, 1978; 3 CFR, 1978 Comp. p. 

168; the Illegal Immigration Reform and 

Immigrant Responsibility Act (IIRIRA) of 

1996, Pub. L. 104–208, Div. C, 110 Stat. 

3009–546, as amended; Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept and 

Obstruct Terrorism Act of 2001 (USA 

PATRIOT ACT), Pub. L. 107–56, § 416, 115 

Stat. 354; and the Enhanced Border Security 

and Visa Entry Reform Act of 2002, Pub. L. 

107–173, 116 Stat. 543. 

■ 2. Section 62.24 is revised to read as 

follows: 

§ 62.24 Teachers 

(a) Purpose. These regulations govern 

exchange visitors who teach full-time in 

primary and secondary (K–12) 

accredited, public or private academic 

institutions in the United States. 

Programs in this category promote the 

interchange of American and foreign 

teachers and enhance the mutual 

understanding between people of the 

United States and other countries. 

Program participants sharpen their 

professional skills and participate in 

cross-cultural activities with Americans 

in schools and communities, and they 

return home ultimately to share their 

experiences and increased knowledge of 

the United States and the U.S. 

educational system. Such exchanges 

enable exchange teachers to better 

understand American culture, society, 

and teaching practices at the primary 

and secondary levels and enhance 

Americans’ knowledge of foreign 

cultures, customs, and teaching 

approaches. 

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25676 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

(b) Designation. The Department of 

State may, in its discretion, designate 

bona fide programs satisfying the 

objectives in paragraph (a) of this 

section as exchange visitor programs in 

the teacher category. 

(c) Visitor eligibility. Foreign nationals 

are eligible to participate in exchange 

visitor programs as full-time teachers if, 

at the time of application to the sponsor, 

the individual demonstrates to the 

satisfaction of the sponsor that they: 

(1) Meet the qualifications for 

teaching in primary or secondary 

schools in their country of nationality or 

last legal permanent residence, and are 

working as teachers at the time of 

application; 

(2) At a minimum have a degree 

equivalent to a U.S. Bachelor’s degree in 

either education or the subject matter 

they intend to teach; 

(3) Have, at a minimum, the 

equivalent of two years of full-time 

teaching experience, post-degree; 

(4) Satisfy the teaching eligibility 

standards of the U.S. state in which they 

will teach; 

(5) Are of good reputation and 

character; and 

(6) Agree to come to the United States 

temporarily for the purpose of full-time 

teaching as the teacher of record in a 

primary or secondary (K–12) accredited 

public or private academic institution in 

the United States. 

(d) Teacher selection. Sponsors must 

adequately screen foreign teachers prior 

to acceptance in the program. In 

addition to the requirements of 

§ 62.10(a) and all security checks 

required by State Departments of 

Education and host schools, sponsor 

screening must include: 

(1) Evaluating the qualifications of the 

foreign teachers to determine whether 

they satisfy the criteria set forth in 

paragraph (c) of this section; 

(2) Securing references from one 

colleague and one current or former 

employer of the foreign teachers, 

attesting to the teachers’ good 

reputations, character, and teaching 

skills; and 

(3) Ensuring that foreign teachers 

possess sufficient proficiency in the 

English language to function in 

American classrooms on a day-to-day 

basis. Sponsors must verify applicants’ 

English language proficiency through 

one of the following: 

(i) A recognized English language test; 

(ii) Signed documentation from 

academic institutions or English 

language schools; 

(iii) Documented interviews 

conducted by the sponsors in-person or 

through videoconferencing; or 

(iv) A telephone interview if an inperson interview or videoconferencing 

is not a viable option. 

(e) Teaching position. Sponsors must 

ensure: 

(1) Forms DS–2019 are not issued 

until potential exchange teachers have 

received and accepted written offers of 

full-time teaching positions of not less 

than 32 hours per week from the 

primary or secondary (K–12) accredited 

academic institutions in which they will 

teach; 

(2) Program dates coincide with the 

academic year cycle to ensure a smooth 

transition as exchange teachers arrive 

and depart, unless otherwise requested 

in writing by the school; 

(3) Exchange teachers are in 

compliance with any applicable 

collective bargaining agreement where 

one exists; 

(4) Exchange teacher appointments to 

positions at primary or secondary 

accredited academic institutions must 

be temporary, even if the teaching 

positions are permanent, and may not 

lead to tenure; and 

(5) Teaching positions, including 

duties/responsibilities and hours of 

employment, must be consistent and 

commensurate with the pay and benefits 

with similarly situated teachers in the 

district or school where an exchange 

teacher is assigned to teach. 

(f) Program disclosure. Before 

programs begin and prior to finalization 

of any contracts, sponsors must provide 

each exchange teacher, in addition to 

the requirements set forth in § 62.10(b), 

with the following information in 

writing: 

(1) The length of program 

participation; the name and location of 

the school where the teacher will be 

placed; a brief description of the school; 

any residential accommodation 

arrangements (including cost 

implications); transportation 

arrangements to and from the exchange 

teacher’s residence and school 

(including cost implications); licensing 

procedures; terms and conditions of 

compensation (including deductions for 

tax, health insurance, etc. from the gross 

salary); any provisions affecting the 

ability of the teacher to be accompanied 

abroad by a spouse or dependents 

(including any assistance and 

allowances offered therewith); and a 

summary of the significant components 

of the program (including a statement of 

the teaching requirements and related 

professional obligations, including the 

required cultural activity component, as 

set forth in paragraph (g) of this section); 

(2) A written statement that clearly 

identifies the compensation to be paid 

to each exchange teacher and any other 

financial arrangements concerning the 

Exchange Visitor Program. Teacher 

salaries, unless provided directly to the 

participants through government 

funding or through continued support 

from their home school, must come 

directly from the schools or school 

districts in which the teachers are 

placed; and 

(3) A full listing of all fees associated 

with the exchange program (i.e., sponsor 

and third party fees, insurance, housing, 

transportation, visa fees) 

(g) Cultural activity component. (1) 

Sponsors must require and should assist 

exchange teachers to: 

(i) Complete a cultural activity 

component each academic year of 

program participation (e.g., making a 

presentation in a public setting where 

there is direct interaction with the 

school community or the American 

public, designed to give an overview of 

the history, traditions, heritage, music, 

dance, art, economy, educational system 

and/or other attributes of their home 

country); and 

(ii) Maintain and involve U.S. 

students in dialogue or other activities 

with schools or students in another 

country through virtual exchange or 

other means, in order to supplement the 

goals of the in-person exchange and to 

integrate global knowledge, cultural 

awareness and/or foreign language into 

the classroom. 

(2) Sponsors must require exchange 

teachers to submit annual reports 

detailing the cultural activity 

components of their exchange programs. 

The reports do not have to be in a 

specific format, but must contain the 

following information: 

(i) Date(s) of the activity; 

(ii) Teacher’s full name; 

(iii) Program sponsor’s name; and 

(iv) Location, attendance, topic, 

impact and general overview of the 

activity. 

(h) Location of the exchange. 

Exchange teachers must participate in 

exchange visitor programs at the 

primary or secondary accredited 

academic institution(s) listed on their 

Forms DS–2019 or at location(s) where 

the institutions are involved in official 

school activities (e.g., school field trips, 

teacher development programs). 

(i) Duration of participation. 

Exchange teachers may be authorized to 

participate in the Exchange Visitor 

Program for the length of time necessary 

to complete the program, which may not 

exceed three years. 

(j) Repeat participation. Foreign 

nationals who have successfully 

completed teacher exchange programs 

are eligible to participate in additional 

teacher exchange programs, provided 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25677 

that they have resided outside the 

United States for at least two years 

following the completion of their most 

recent teacher exchange program, and 

provided they continue to meet the 

eligibility requirements set forth in 

paragraph (c) of this section. 

Dated: April 26, 2013. 

Robin J. Lerner, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. 2013–10400 Filed 5–1–13; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 162 

[Docket No. USCG–2013–0027] 

Inland Waterways Navigation 

Regulations; Correction 

AGENCY: U.S. Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: The Coast Guard is correcting 

a notice of proposed rulemaking that 

appeared in the Federal Register of 

April 26, 2013 (78 FR 24697). The 

document contained an incorrect RIN 

number. The corrected RIN number is 

RIN 1625–AC04. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice of 

proposed rulemaking, contact Ms. 

Oneida Cuevas, U.S. Coast Guard, 

Department of Homeland Security, 

telephone (202) 372–3848, 

Oneida.Cuevas@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

heading of the notice of proposed 

rulemaking published in the Federal 

Register of April 26, 2013, in FR Doc. 

2013–09853, on page 24697, contained 

an incorrect RIN Number, ‘‘1625– 

AB84.’’ The correct RIN Number is 

‘‘1625–AC04.’’ To advise the public of 

this error, we are publishing this notice 

of correction. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking Inland Waterways 

Navigation Regulations published in the 

Federal Register of April 26, 2013, in 

FR Doc. 2013–09853, is corrected as 

follows: On page 24697, in the heading, 

‘‘RIN 1625–AB84’’ is corrected to read 

‘‘RIN 1625–AC04.’’ 

Dated: April 26, 2013. 

Michael Cavallaro, 

Commander, U.S. Coast Guard, Acting Chief, 

Office of Regulations and Administrative Law. 

[FR Doc. 2013–10364 Filed 5–1–13; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Balloting Materials Postage 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service proposes 

to revise Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) 703.8.0 to require 

all ballot types to indicate that the 

proper amount of postage must be paid 

and to require balloting materials 

indicate the amount of postage for the 

return of ballots, unless mailed under 

the special exemption for military or 

overseas voting or returned under 

Business Reply Mail® service. 

DATES: We must receive your comments 

on or before June 3, 2013. 

ADDRESSES: Mail or deliver written 

comments to the manager, Product 

Classification, U.S. Postal Service, 475 

L’Enfant Plaza SW., Room 4446, 

Washington DC 20260–5015. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza SW., 11th 

Floor N, Washington DC, between 9 a.m. 

and 4 p.m., Monday through Friday. 

Email comments concerning the 

proposed rule, containing the name and 

address of the commenter, may be sent 

to: ProductClassification@usps.gov, 

with a subject line of ‘‘Balloting 

Materials Postage.’’ Faxed comments are 

not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Steven Monteith at (202) 268–6983, or 

Garry Rodriguez at 202–268–7281. 

SUPPLEMENTARY INFORMATION: With the 

growth of no excuse absentee voting, 

and the spread of vote-by-mail efforts 

throughout the country, the United 

States Postal Service® has noted an 

increase in ballots mailed back to 

Election Officials with insufficient 

postage. Each election cycle presents a 

different set of parameters for ballot 

creation and for the size and weight of 

the mail piece. As a result, we believe 

that many voters may not be adequately 

informed of the sufficient amount of 

postage required to return a ballot by 

mail. 

To rectify this problem, the Postal 

Service is proposing that the balloting 

materials for all types of ballots whether 

disseminated hardcopy or electronically 

not qualified under the special 

exemption for military and overseas 

voting or returned under Business Reply 

Mail service must indicate in a 

prominent location the proper amount 

of First-Class Mail® postage that must be 

paid. This information must be included 

in the ballot materials (i.e., on the ballot, 

ballot instructions, mailing instructions, 

or the envelope) with the marking 

‘‘Sufficient First-Class Mail postage 

must be applied.’’ Alternatively, the 

marking ‘‘Apply sufficient First-Class 

Mail postage here’’ could be printed in 

the upper right corner of the address 

side of the envelope used by the voter 

to return the ballot to election officials. 

Additionally, the Postal Service is 

proposing that the balloting material 

indicate in a prominent location the 

specific First-Class Mail postage amount 

required for the return of the ballot to 

election officials, unless the ballot 

qualifies under the special exemption or 

is returned under Business Reply Mail 

service. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C. 

553(b), (c)] regarding proposed 

rulemaking by 39 U.S.C. 410 (a), we 

invite public comments on the 

following proposed revisions to Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED.] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

* * * * * 

700 Special Standards 

[Revise the heading of 703 as follows:] 

703 Nonprofit Standard Mail and/or 

Other Unique Eligibility 

* * * * * 

[Revise the heading of 8.0 as follows:] 

mstockstill on DSK4VPTVN1PROD with PROPOSALS