Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23177 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street, NE., 

Room 2A, Washington, DC 20426. 

49. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

50. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from 

FERC Online Support at (202) 502–6652 

(toll free at 1–866–208–3676) or e-mail 

at ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

VII. Effective Date and Congressional 

Notification 

51. These regulations are effective 

May 26, 2011. The Commission has 

determined, with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

List of Subjects in 18 CFR Part 40 

Electric power, Electric utilities, 

Reporting and recordkeeping 

requirements. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–10011 Filed 4–25–11; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

RIN 1400–AC79 

[Public Notice 7427] 

Exchange Visitor Program—Summer 

Work Travel 

AGENCY: Department of State. 

ACTION: Interim final rule with request 

for comment. 

SUMMARY: The Department is amending 

current regulations governing the 

Summer Work Travel category of the 

Exchange Visitor Program. The 

amendments clarify existing policies 

and implement new procedures to 

ensure that the Summer Work Travel 

program continues to foster the 

objectives of the Mutual Educational 

and Cultural Exchange Act of 1961 

(Fulbright-Hays Act). These changes 

will enhance the integrity and 

programmatic effectiveness of Summer 

Work Travel exchanges. 

The Department has examined the 

potential risks and harms related to the 

Summer Work Travel program and 

believe that the current regulations do 

not sufficiently protect national security 

interests; the Department’s reputation; 

and the health, safety, and welfare of 

Summer Work Travel program 

participants. Accordingly, and for 

reasons discussed more fully below, this 

rule modifies the Summer Work Travel 

regulations by establishing different 

employment placement requirements 

based on the aliens’ countries of 

citizenship and by requiring sponsors to 

fully vet the job placements of all 

program participants. It also clarifies 

that only vetted U.S. host employers 

and vetted third party overseas agents or 

partners (i.e., foreign entities) with 

whom sponsors have contractual 

agreements may assist sponsors in the 

administration of the core functions of 

their exchange programs. Sponsor 

monitoring, reporting, and information 

dissemination requirements are also 

strengthened. 

DATES: The interim final rule will 

become effective July 15, 2011. The 

Department will accept comments on 

the interim final rule from the public up 

June 27, 2011. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Online: Persons with access to the 

Internet may view this notice and 

provide comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Designation, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505. 

• E-mail: JExchanges@state.gov. You 

must include the RIN (1400–AC79) in 

the subject line of your message. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary for Private Sector Exchange, 

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

2200 C Street, NW., Washington, DC 

20522–0505; fax (202) 632–2701. 

SUPPLEMENTARY INFORMATION: Summer 

Work Travel exchange programs have 

been a cornerstone of U.S. public 

diplomacy efforts for nearly 50 years, 

providing an estimated two million 

foreign college and university students 

the opportunity to work and travel in 

the United States during their summer 

vacations. The popularity of this 

program arises from its participants’ 

ability to enjoy true cultural exchange 

experiences by being able to underwrite 

the cost of their travel through 

temporary employment in the United 

States. 

Though popular, the program is not 

without problems. Inadequacies in U.S. 

sponsors’ vetting and monitoring 

procedures contribute to potentially 

dangerous or unwelcomed situations for 

these participants. This past summer, 

the Department received a significantly 

increased number of complaints from 

foreign governments, program 

participants, their families, concerned 

American citizens, the media, law 

enforcement agencies, other federal and 

local agencies, and the Congress 

regarding fraudulent job offers, 

inappropriate jobs, job cancellations on 

arrival, insufficient number of work 

hours, and housing and transportation 

problems. Moreover, the Department of 

Homeland Security has reported an 

increase in incidents involving criminal 

conduct (e.g., money laundering, 

identity theft, prostitution) in several 

non-immigrant visa categories. To 

minimize the riskJ–1 visa holders may 

become victims of these types of crimes 

(or actively involved in such conduct) 

the Department must immediately 

modify existing regulations. When the 

health, safety, and welfare of Exchange 

Visitor Program participants are at risk, 

the Exchange Visitor Program’s 

usefulness as a public diplomacy tool is 

jeopardized. 

Of particular concern is the criminal 

nature of some of the complaints 

associated with aliens travelling to the 

United States under some nonimmigrant visa categories. The 

Department has been advised by sister 

law enforcement agencies of numerous 

documented reports of aliens either 

knowingly engaging in or becoming 

hapless victims of and accessories to 

criminal activities, including money 

laundering, money mule schemes, and 

Medicare fraud. Further, the young age 

and limited sophistication of some 

Exchange Visitor Program participants 

underlie a potential vulnerability for 

trafficking initiatives and criminal 

schemes targeted at them. 

By preventing the deleterious effect 

that such unchecked risk can have on 

program participants, the interim final 

rule can have an immediate effect on the 

participants’ cumulative positive 

opinions of the United States, thereby 

meeting the fundamental objective of 

the Exchange Visitor Program. 

To address the problems noted above, 

the Department has taken a number of 

steps to improve the integrity of the 

program. First, in early 2010, the 

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23178 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

Department assembled a working group 

of interested parties, which included 

representatives from the Department’s 

Office of the Inspector General, the 

Bureaus of Consular Affairs and 

Diplomatic Security, and the Office to 

Monitor and Combat Trafficking in 

Persons. In October, we invited all 

Summer Work Travel program sponsors 

to meet with the Department to discuss 

the need for new regulations to 

strengthen the program. In November, 

we sought and reviewed comments from 

these sponsors on a number of 

anticipated regulatory changes and the 

possible need for a pilot program to 

strengthen requirements for aliens from 

certain countries who face greater risks 

when participating in the program. The 

Department also reviewed sponsor 

white papers and engaged the federal 

law enforcement community and our 

sister agencies in wide-ranging 

discussions regarding a workable 

approach to addressing the identified 

problems. 

Also discussed with the sponsor 

community and sister agencies was the 

growing trend among sponsors of 

exchange visitor programs to outsource 

the core programmatic functions 

inherent in the administration of their 

programs (i.e., screening, selection, 

orientation, placement, monitoring, and 

the promotion of mutual 

understanding). To become designated 

sponsors, entities are required to 

demonstrate their experience in 

international exchange and their ability 

to provide the core programmatic 

functions. When they outsource these 

functions, the Department has no 

assurance that the third parties who 

perform these tasks are qualified to take 

on the required roles of the sponsors. 

When taken to the extreme, this results 

in the entities whose resources and 

experience the Department evaluated 

prior to designating them as program 

sponsors becoming mere purveyors of Jvisas, leaving the actual program 

administration to third parties over 

which the Department and sponsors 

have diminished degrees of control. 

Thus, one objective of this interim final 

rule is to redirect program 

administration back to sponsors by 

requiring them, among other things, to 

more closely scrutinize the reputations 

of the third parties with whom they do 

business (i.e., U.S. host employers and 

foreign entities) and independently vet 

and confirm all program participants’ 

jobs. This clarification of the sponsors’ 

responsibilities will facilitate the 

Department’s monitoring of sponsor 

program activities and assist it in the 

future assessment of underlying causes 

of problems that may arise in the 

Summer Work Travel program. 

Based on information from the 

sources identified above and our own 

trend analysis, the Department has 

concluded that the risk to the 

participants’ health, safety, and welfare 

and to U.S. public diplomacy and 

foreign affairs initiatives warrants 

immediate changes to the Summer Work 

Travel regulatory model. Accordingly, 

the Department is establishing a new 

Summer Work Travel framework that 

recognizes potential underlying risks 

associated historically with participant’s 

countries of origin as well as 

implementing changes to general 

program administration that will 

strengthen the program. 

To this end the Department has 

adopted a pilot program for aliens from 

Belarus, Bulgaria, Moldova, Romania, 

Russia, and the Ukraine (the ‘‘Pilot 

Program Countries’’), countries that, 

according to law enforcement agencies 

are known sources of the types of 

criminal activity that the Department 

wishes to avoid. The second step to 

safeguarding and strengthening the 

Summer Work Travel program is 

adoption of the pilot program concept(s) 

as the model for these amended 

Summer Work Travel Program 

regulations. Finally, the Department 

will closely monitor this exchange 

activity and intends to perform on-site 

reviews this year of the largest Summer 

Work Travel program sponsors 

(accounting for at least 75% of all aliens 

participating in this category of 

exchange) to assess category-wide 

regulatory compliance and to consult 

with sponsors about implementation of 

this interim final rule. Taken together, 

initial discussions with the sponsor 

community, sponsor comments in 

response to this interim final rule, the 

Department’s assessment of the impact 

of the Pilot Program during the 2011 

summer, and feed-back from these onsite reviews, will inform the 

Department’s overall assessment of the 

success of the new Summer Work 

Travel program framework and the need 

for any changes to this interim final 

rule. 

The Department adopts four major 

changes (and several minor changes) to 

the Summer Work Travel regulations in 

order to strengthen sponsors’ oversight 

of both their program participants and 

the third parties who are allowed to 

assist them in the administration of the 

core functions of their programs. We 

believe that these changes will 

minimize the risk that program 

participants will be subjected to abuse 

or less than satisfactory program 

experiences. First, only aliens from 

countries that participate in the Visa 

Waiver Program can enter the country 

without pre-placed jobs (though if they 

do obtain pre-placed jobs, sponsors 

must vet such job offers as they would 

those of participants from all other 

countries). Second, sponsors are 

required to fully vet the third parties 

(i.e., U.S. host employers and foreign 

entities) whom they engage to assist in 

performing the core functions inherent 

with the program administration of the 

Exchange Visitor Program (i.e., 

screening, selection, orientation, 

placement, monitoring, and the 

promotion of mutual understanding). 

Third, sponsors are required to fully vet 

all job offers, regardless of whether they, 

the participants, or foreign entities 

arrange the placements and regardless of 

whether the offers are arranged prior to 

their departure to or following their 

arrival in the United States. Finally, 

sponsors will be required to contact 

active program participants on a 

monthly basis to monitor both their 

welfare and their whereabouts. A 

summary of these and other Summer 

Work Travel program modifications 

follows: 

Pre-Placement 

Under the current regulations, no 

more than half of a sponsor’s program 

participants may enter the United States 

without pre-arranged job placements. 

Because consular officials evaluate 

eligibility on a case-by-case basis, it was 

impossible for them to know whether 

sponsors were complying with this 

requirement. The interim final rule now 

links the pre-placement requirement 

directly to the underlying risk factor 

(i.e., country of origin). Thus, the 

interim final rule allows such officers to 

discern directly from applicants’ 

paperwork whether they are required to 

be pre-placed. 

The new Summer Work Travel 

regulatory model reflects different risk 

assessments for aliens, depending on 

their countries of origin. The 

Department recognized that a country’s 

participation in the Visa Waiver 

Program could provide a means of 

identifying program participants who 

would experience lower levels of risk 

while visiting the United States. 

Governments of participating Visa 

Waiver Program countries must meet 

specific security and other 

requirements, such as timely reporting 

of incidents and enhanced law 

enforcement and security-related data 

sharing with the United States. In 

addition, countries are designated for 

inclusion in the Visa Waiver Program 

only if the Secretary of the Department 

of Homeland Security, in consultation 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23179 

with the Secretary of State, establishes 

that the designation will not 

compromise security and law 

enforcement interests of the United 

States, and that the country satisfies 

high U.S. border control and document 

security standards (see http:// 

travel.state.gov/visa/temp/without/ 

without_1990.html#countries for a 

current list of these countries.) 

Accordingly, this interim final rule 

recognizes that there is less risk for 

aliens from Visa Waiver Program 

countries being brought to the United 

States under false pretenses or stranded 

here without jobs or resources if 

allowed to enter the United States 

without pre-arranged job placements. If, 

however, they do secure job placements 

prior to departure for the United States, 

sponsors must vet (i.e., confirm the 

terms, conditions, and viability of) those 

placements prior to their departure. 

Aliens from countries other than the 

Visa Waiver Program countries will be 

able to enter the United States only after 

they or their sponsors have secured firm 

job offers, and their sponsors have 

similarly vetted them. 

Although Public Law 105–277 

specifically authorized Summer Work 

Travel program to operate ‘‘without 

regard to pre-placement requirements,’’ 

the Department has long required 

sponsors to find job placements for at 

least 50 percent (50%) of program 

participants before they departed their 

home countries. The interim final rule 

eliminates this arbitrary percentage and 

specifically and appropriately links the 

increased risk to the heightened 

regulatory requirements. Of the 

approximately 120,000 Summer Work 

Travel program participants entering the 

United States in 2010, however, 13 

percent (13%) were from 29 of the 36 

Visa Waiver Program countries. If such 

country-of-origin entry trends continue, 

implementation of the new approach 

will result in approximately 87% of all 

Summer Work Travel participants 

entering the United States with prearranged and vetted jobs. Accordingly, 

requiring participants from non-Visa 

Waiver Program countries (including 

participants from the Pilot Program 

Countries) to be pre-placed with a 

vetted job offer will help to ensure that 

most Summer Work Travel participants 

will not be stranded in the United States 

without jobs and resources or be 

engaged in inappropriate or problematic 

placements. 

Job and Employee Vetting 

The interim final rule also requires 

sponsors to vet U.S. host employers by 

utilizing publicly available information 

to confirm that potential host employers 

are ongoing and viable business entities. 

Sponsors must obtain and verify host 

employers’ Employer Identification 

Numbers and verify that host employers 

meet state-specific workers’ 

compensation requirements. Sponsors 

and foreign entities acting on their 

behalf are also prohibited from paying 

or otherwise providing any incentives to 

host employers to induce them to 

provide placements for their 

participants. Further, the interim final 

rule requires sponsors to vet all foreign 

entities (i.e., overseas agents or partners) 

that assist them in fulfilling the core 

programmatic functions that may be 

conducted outside the United States 

(i.e., screening, selection, and 

orientation) and maintain current 

listings of such parties in a new 

‘‘Foreign Entity Report.’’ The 

information in this Report is provided to 

Consular Officials as a means to verify 

that the foreign entity is a bona fide 

partner/agent of a US sponsor. The 

contents of this report have been 

submitted for OMB approval as a 

collection and will be required upon 

approval. Until such approval is 

received, we encourage sponsors to 

submit this information voluntarily. 

To assist in the recruiting, screening, 

selection, and orientation of Summer 

Work Travel participants, sponsors can 

engage only those vetted foreign entities 

with whom they have executed written 

agreements that explain their 

relationships and identify their 

respective obligations and who are 

included in the Foreign Entity Report. 

These agreements must include 

annually updated price lists for the 

Summer Work Travel programs such 

third parties market on behalf of the 

sponsors and provisions confirming that 

they will not: (1) Outsource any of the 

core programmatic functions covered by 

the agreement (i.e., screening, selection, 

and orientation) to any other third party, 

including staffing or employment 

agencies; or (2) pay or otherwise provide 

any incentives to host employers to 

induce them to provide placements for 

the participants of the sponsors whose 

interests they represent. Sponsors must 

obtain proof that potential foreign 

entities are bona fide business entities 

that are appropriately licensed and/or 

registered to conduct business in the 

venue(s) where they operate. They must 

obtain notarized statements from 

recognized financial entities in such 

venues that demonstrate the business 

solvency of potential foreign entities. 

Such foreign entities must disclose to 

the sponsors any previous bankruptcy 

proceedings and any pending legal 

actions; they must obtain written 

references from three current business 

associates; and they must provide 

summaries of any previous experience 

with the Exchange Visitor Program. 

Further, all owners and officers of such 

foreign entities must be vetted by 

criminal background checks and 

provide sponsors with copies of the 

reports in both the original language and 

translated into English. 

Under the interim final rule, sponsors 

must vet all jobs (e.g., verify the terms 

and conditions of such employment and 

fully vet the identified U.S. host 

employers) for all participants before 

they can (in the case of participants 

from the non-Visa Waiver Program 

countries) enter the United States or (in 

the case of participants from Visa 

Waiver Program countries who do not 

have jobs upon entry) start work. 

Participants may obtain self-placed 

jobs, whereby they (through a foreign 

entity or other source) identify their 

own job placements. Alternatively, they 

may elect for direct-placed jobs, in 

which cases, sponsors have contracted 

with host employers and arranged the 

employment of Summer Work Travel 

participants for specified periods, 

number of hours, and at specified 

wages. For such direct-placed jobs, the 

Department recognizes that sponsors 

and participants enter into quasi or 

actual contracts regarding the terms of 

the placements. In such cases, the 

sponsors have assumed an affirmative 

obligation to arrange suitable 

employment for the participants under 

the terms specified in the agreements. 

We seek specific comment on this point. 

To ensure that Summer Work Travel 

participants do not work in unsafe or 

unseemly jobs, the Department has 

expanded the enumerated list of 

excluded positions program participants 

may not fill. Also, to ensure that 

sponsors maintain sufficient control to 

effectively administer their exchange 

programs, the interim final rule clarifies 

that sponsors may enlist the assistance 

of only host employers in fulfilling the 

core programmatic functions that are 

generally conducted within the United 

States (i.e., orientation and monitoring). 

Thus, sponsors may not engage third 

parties other than host employers—and 

host employers may not engage any 

third parties to assist in fulfilling these 

functions. The Department specifically 

requests comment on this matter. 

Program Administration 

All participants must contact their 

sponsors upon arrival in the United 

States to inform their sponsors of their 

current U.S. addresses. Participants 

without pre-arranged employment may 

contact their sponsors for job search 

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23180 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

assistance and must contact their 

sponsors upon obtaining job offers. Only 

once the sponsors vet the job placement 

can the participant start to work. 

This interim final rule further clarifies 

that applicants must be bona fide 

students enrolled and participating full 

time at accredited post-secondary 

academic institutions located outside 

the United States at the time of 

application. Participants must have 

completed at least one semester (or the 

quarter or trimester equivalent) in order 

to qualify to participate. Final year 

students who apply for the Summer 

Work Travel program while still in 

school may participate in the Summer 

Work Travel program during the 

school’s major academic break that 

follows their graduation. This rule also 

limits all students’ program 

participation to the shorter of four 

months or the length of the long break 

between academic years at the schools 

they attend. Whether this break occurs 

during the winter or summer months in 

the United States or lasts two, three, or 

four months is determined in one of two 

ways. In most countries, consular 

officials have established country-wide 

program start and end dates that 

correspond with typical academic 

calendars. In other countries, the period 

of program duration may be tied to 

specific school calendars. 

The new regulations retain the longstanding requirement that sponsors 

interview potential participants and 

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, sponsors may either 

obtain English language test scores from 

recognized language skills tests 

administered by academic institutions 

or English language schools, or evaluate 

applicants’ language skills during 

documented sponsor interviews. A new 

regulatory requirement has been added 

to document such interviews. The new 

regulations afford additional flexibility 

for meeting this requirement by 

allowing sponsors the option of videoconferencing applicant interviews, 

rather than conducting them only in 

person and ensures that the conduct of 

an interview has been documented. 

Although foreign entities may assist 

sponsors in this recruiting function, 

sponsors are responsible for the final 

selection of their program participants. 

The interim final rule also requires 

sponsors to provide the following 

orientation materials to all participants 

(in addition to the currently required 

information) prior to departing for the 

United States: (1) A copy of the 

Department’s Summer Work Travel 

Participant Letter; (2) a copy of the 

Department’s Summer Work Travel 

Brochure; (3) the telephone number for 

the Department’s 24/7 toll-free help 

line; and (4) the telephone numbers for 

the sponsors’ 24/7 immediate contact 

line. Sponsors are also required to 

inform participants of their obligations 

to report their U.S. addresses to their 

sponsors upon their arrival in the 

United States as well as any changes in 

their employment or residence 

throughout the duration of their 

programs. As a point of clarification of 

existing regulations, sponsors are 

obligated to end the exchange programs 

of participants who do not report their 

arrival within ten days following the 

program start date or who do not report 

changes in their U.S. addresses or sites 

of activity within ten days of such 

moves. Sponsors would generally learn 

that an unreported move had occurred 

when they attempt to make monthly 

contact and cannot reach the 

participants for ten days. In addition, 

sponsors continue to be required to 

inform pre-placed participants of the 

name and address of their employer, 

and to disclose any contractual 

obligations (e.g., the hourly wage, how 

many hours per week they will work, 

whether the host employer has arranged 

housing) related to their acceptance of 

such paid employment. 

The interim final rule retains the 

requirement that sponsors provide 

participants from Visa Waiver Countries 

who do not have pre-arranged and 

vetted jobs prior to departing from their 

home countries with information that 

explains how to seek employment and 

secure lodging in the United States. 

Sponsors must also continue to provide 

rosters of bona fide job opportunities to 

such participants and undertake 

reasonable efforts to help them secure 

placements after their arrival. Sponsors 

are required to ensure that non-preplaced participants have sufficient 

financial resources to support 

themselves while they are searching for 

employment. The interim final rule also 

retains the requirement that sponsors 

make reasonable efforts to secure job 

placements for these participants if they 

have not obtained employment within 

one week after arriving in the United 

States. 

Monitoring 

The interim final rule expands the 

current obligations of sponsors to 

monitor their program participants. In 

addition to providing the currently 

required emergency assistance, sponsors 

must now make personal contact with 

each participant on a monthly basis. 

Sponsors must document such monthly 

contacts, which can be in-person, by 

telephone, or via e-mail. Such routine 

contact between sponsors and 

participants is required to ensure that 

participants are safe, the conditions of 

employment are being met, and 

participants are informing their 

sponsors of their current U.S. addresses. 

The interim final rule also adds a new 

section on host employer obligations. 

First, host employers are expected to 

provide program participants with the 

approximate number of hours of paid 

employment per week that they agreed 

to when the sponsors vetted the jobs. 

Second, they are required to pay 

participants for any overtime work, in 

accordance with state-specific and 

federal employment laws. Further, to 

assist sponsors in maintaining current 

and accurate SEVIS records, host 

employers must promptly notify 

sponsors when participants start their 

jobs. Host employers must also notify 

sponsors in case of any changes in 

employment conditions, any issues 

related to the welfare of the participants, 

or if the participants are not meeting 

their obligations to the host employers. 

Sponsors must ensure that participants 

are placed only with host employers 

that materially comply with all 

applicable federal, state, and local 

occupational health and safety laws; 

and adhere to Exchange Visitor Program 

regulations and sponsor program rules, 

as set forth at § 62.9. 

Current regulations allow sponsors 

either to submit to the Department semiannual placement reports or list the 

names and addresses of participants’ 

pre-arranged host employers on Forms 

DS–2019. The interim final rule requires 

all sponsors to submit semi-annual 

placement reports according to a 

Department-provided format upon OMB 

approval of the collection. For all 

participants for whom pre-placement is 

obtained (i.e., all participants from nonVisa Waiver Program countries and 

participants from Visa Waiver Program 

countries who are pre-placed), sponsors 

may not issue Forms DS–2019 unless 

they include the vetted host employers’ 

names (i.e., business names), the work 

addresses (i.e., sites of activity), and the 

job title of the participants. 

The Department had intended to 

publish the interim final rule in time to 

be effective when the bulk of program 

participants entered the country for the 

summer 2011 season. Discussions with 

the industry, however, determined that 

sponsors would not be able to make 

major changes to their business 

operations (i.e., vet foreign entities, 

renegotiate contracts with them, and 

increase their capacity for securing jobs 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23181 

prior to the aliens’ arrival in the United 

States) in time to apply these aspects of 

the regulations to program participants 

entering the United States from 

countries other than the Pilot Program 

Countries. However, there are key 

monitoring and reporting components of 

the new regulations that can be 

implemented immediately. These 

monitoring provisions will apply to all 

Summer Work Travel participants who 

are in the United States on July 15, 

2011, the date that sponsors 

recommended as the effective date of 

the interim final rule. There are no 

administrative barriers that should 

delay the implementation of these 

important safety-and security-related 

monitoring provisions. By maintaining 

monthly contacts with their 

participants, sponsors will take a more 

active role in tracking their geographical 

whereabouts and offering participants 

on-going support and assistance with 

any program-related problems during 

the upcoming summer season. As 

sponsors often issue Forms DS–2019 as 

far as four months in advance of a 

program start date, the interim final rule 

affords sufficient lead time to allow 

sponsors issuing Forms DS–2019 after 

the effective date of this interim final 

rule (i.e., for participants entering the 

United States during the 2011–2012 

‘‘winter season’’ and thereafter) to follow 

the job placement, job vetting, and third 

party vetting requirements as well. 

Taken together, these regulatory 

modifications, enhancements, and 

changes are intended to create a new 

Summer Work Travel paradigm by 

addressing emerging problems and 

concerns. By developing better ways to 

ensure the health, safety, and welfare of 

its program participants, this interim 

final rule enhances the integrity of the 

Summer Work Travel program and 

continues to build global goodwill 

through this important public 

diplomacy initiative. 

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). Pursuant to U.S. 

Government policy and longstanding 

practice, the Department of State has 

supervised either directly or through 

private sector program sponsors or 

grantee organizations, those foreign 

nationals who come to the United States 

as participants in exchange visitor 

programs. 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 interim 

final rule is to protect the health, safety 

and welfare of aliens 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 or last legal permanent 

residence upon completion of their 

programs. The Department of State 

represents that failure to protect the 

health, safety and welfare of these 

program participants will have direct 

and substantial adverse effects on the 

foreign affairs of the United States. 

Although the Department is of the 

opinion that this interim final rule is 

exempt from the rulemaking provisions 

of the APA, the Department is 

publishing this rule as an interim final 

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. 

Moreover, and as discussed above, the 

Department has been engaged in a 

lengthy dialogue with the sponsors of 

Summer Work Travel exchanges, 

keeping them fully apprised of its vision 

for reshaping the Summer Work Travel 

program. The sponsor community, 

therefore, has had the opportunity to 

participate in and influence agency 

decision making at an early stage. 

In addition, under Section 553(b) of 

the Administrative Procedure Act (APA) 

(5 U.S.C. 551 et seq.) a general notice of 

proposed rulemaking is required unless 

an agency, for good cause, finds that 

notice and public comment thereon are 

impracticable, unnecessary, or contrary 

to the public interest. As discussed in 

the preamble to this rule, the 

Department has concluded that the 

national security, program 

administration and participant health, 

safety and welfare considerations would 

make public comment impracticable 

and contrary to the public interest. 

Further, the Department has determined 

that it would be impracticable and 

contrary to the public interest to delay 

putting the provisions in these interim 

final regulations in place until a full 

public notice and comment process was 

completed. For the foregoing reasons, 

the Department determines that good 

cause exists to implement this rule as an 

interim rule under the Administrative 

Procedure Act, 5 U.S.C. 553(b) and 

accordingly, adopts this rule on this 

basis. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This interim final 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). 

This interim final 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 United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Unfunded Mandates Reform Act of 1995 

This interim final rule will not result 

in the expenditure by State, local and 

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 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 Section 5 of Executive 

Order 13175 do not apply to this 

rulemaking. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Since this interim final rule is exempt 

from 5 U.S.C 553, and no other law 

requires the Department of State to give 

notice of such rulemaking, it 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 the Rule upon designated 

program sponsors, the Department notes 

that this Rule will affect the operations 

of 53 corporate, academic, and taxexempt entities designated by the 

Department to conduct Summer Work 

Travel program activities. The 

Department calculates that these new 

requirements may require up to three 

additional hours of work per placement 

and therefore with 120,000 placements, 

that 360,000 additional hours of work 

will be required by program sponsors. 

At an estimated cost of $20 per hour, the 

Department projects that these 

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23182 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

enhanced selection, screening, vetting, 

placement, monitoring and evaluation 

requirements represent an aggregate cost 

of $7.2 million to the collective Summer 

Work Travel sponsor community. Of the 

53 entities sponsoring SWT placements, 

34 have annual revenues of less than 

7 million dollars. These 34 entities 

account for approximately 15,000 of the 

120,000 annual SWT exchange 

participants. Thus an estimated 12% 

($864,000) of the additional costs will 

fall upon small entities. These costs will 

range from an additional estimated $120 

for one small entity having two 

participants up to an estimated 

additional $540,000 for a small entity 

conducting an exchange program with 

900 participants. The Department has 

been advised by both large and small 

entity sponsors that the additional $60 

cost of these security and programmatic 

safeguards will be passed along either to 

the foreign national applicant or foreign 

entity that assists the U.S. entity in 

arranging these exchange activities. The 

Department has no reason to believe 

that this additional $60 program cost to 

participants will result in a reduction in 

the number of program participants and 

notes that this cost increase would 

represent a 3% increase in the average 

cost of a participant’s program. 

The Department has also examined 

the additional costs associated with 

employer reporting and job vetting 

requirements and concludes that these 

requirements are no different than the 

existing business practices of designated 

sponsors currently placing 

approximately 90% of these student 

participants with U.S. employers and 

that, accordingly, there is not additional 

burden upon employers. The 

Department estimates that the vetting 

and reporting requirements require no 

more than 1 man hour per participant 

and thus for the 10% of placements 

where job vetting and reporting 

requirements are not the current 

practice and there will be an additional 

burden of 12,000 man hours spread 

across an indeterminate number of large 

and small entities, government and 

academic employers who will 

collectively bear an additional financial 

burden of some $240,000.00 (12,000 

hours × $20 per hour). The Department 

thus certifies that it does not believe 

that these regulatory changes will have 

a significant impact upon small 

businesses. 

Executive Order 13563 and Executive 

Order 12866 

The Department of State does not 

consider this interim final rule to be a 

‘‘significant regulatory action’’ under 

Executive Order 12866, § 3(f), 

Regulatory Planning and Review, as 

amended by Executive Order 13563. 

The Department has reviewed the 

interim final rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Orders. 

Executive Order 12988 

The Department of State has reviewed 

this interim final 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 

This regulation will not have 

substantial direct effect on the states, on 

the relationship 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 interim 

final 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 

The information collection 

requirements contained in this interim 

final rule are pursuant to the Paperwork 

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

and OMB Control Number 1405–0147, 

Form DS–7000. As part of this 

rulemaking, the Department is seeking 

comment regarding the additional 

administrative burden associated with 

the collection of information for a new 

Foreign Entity Report, the 

documentation of interviews and 

monthly contact with participants, and 

the modification of existing semi-annual 

reporting requirements for the Summer 

Work Travel Program. 

(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 comment from 

Summer Work Travel Program sponsors 

and other persons directly involved in 

the administration of the Summer Work 

Travel Program. 

(5) Change to information collected by 

the Department of State: The existing 

Placement Report data collection is a 

current collection required by all 

Summer Work Travel sponsors and 

doesn’t impose any further record 

keeping burden. Further, the 

Department anticipates that the 

electronic spreadsheet template that 

will be provided to sponsors for 

reporting purposes will reduce 

sponsors’ recordkeeping burden and 

will eliminate their need to submit 

semi-annual placement reports in a 

paper report format. A planned Foreign 

Entity Report is expected to place a 

minimal additional administrative 

burden on the 53 currently designated 

Summer Work Travel program sponsors. 

The Department believes that the 

requested information is currently 

collected by sponsors in their routine 

administration of their programs. The 

additional regulatory requirements for 

documenting interviews and monthly 

contact with participants are already a 

standard business practice for some 

sponsors. The Department outlines the 

increased cost and burden hours 

associated with this collection 

requirement and discussed it fully in 

the Regulatory Flexibility Act/Executive 

Order 13272: Small Business section 

above and also 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. 

• E-mail: 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, 

information collection title, and OMB 

control number 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 

agency, including whether the 

information will have practical utility; 

• The accuracy of the agency’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 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23183 

• 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 is estimated to be those 53 

organizations designated by the 

Department to conduct the Summer 

Work Travel Program activities. 

(9) An estimate of the total annual 

public burden (in hours) associated with 

the collection: The Department 

calculates that these new requirements 

may require up to three additional hours 

of work per placement for those 

program sponsors that are not currently 

documenting participant interviews or 

actively maintaining monthly contact 

with their program participants. The 

Foreign Entity Report is estimated at 

one burden hour, documenting 

participant interviews as 30 minutes, 

and the documentation of monthly 

contacts at 20 minutes per month. 

Under the current collection, the semiannual placement report already is 

estimated at 4 burden hours under the 

current paper format. This burden is 

expected to be reduced based on the 

new electronic template that will be 

provided to all Summer Work Travel 

sponsors. The Department estimates that 

for 60,000 of the 120,000 annual 

Summer Work Travel placements, no 

additional burden will be imposed to 

the given current business practices of 

some sponsors. Thus, for the remaining 

60,000 participant placements an 

additional 180,000 hours of work will 

be imposed on those sponsors not 

currently maintaining monthly contact 

with their participants or properly 

documenting participant interviews. 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, 

Reporting and recordkeeping 

requirements. 

Accordingly, 22 CFR Part 62 is 

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. 1431–1442, 2451 et 

seq.; 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, section 416, 

115 Stat. 354; and the Enhanced Border 

Security and Visa Entry Reform Act of 2002, 

Pub. L. 107–173, 116 Stat. 543. 

■ 2. § 62.32 is revised to read as follows: 

§ 62.32 Summer work travel. 

(a) Introduction. These regulations 

govern program participation in 

Summer Work Travel programs 

conducted by Department of Statedesignated sponsors pursuant to the 

authority granted the Department of 

State under Public Law 105–277. 

(b) Purpose. The purpose of this 

program is to provide bona fide foreign 

students who are enrolled full-time and 

pursuing studies at accredited postsecondary academic institutions located 

outside the United States with the 

opportunity to work and travel in the 

United States for the shorter of four 

months or the length of the long break 

between academic years at the schools 

they attend (i.e., the summer break). 

(c) Duration of participation. Summer 

work travel participants are authorized 

to participate in the Exchange Visitor 

Program for up to four months during 

their official summer breaks. Extensions 

of program participation are not 

permitted. 

(d) Participant screening and 

selection. In addition to satisfying the 

requirements set forth at § 62.10(a), 

sponsors are solely responsible for 

adequately screening and making the 

final selection of their program 

participants and at a minimum must: 

(1) Conduct and document interviews 

with potential participants either inperson or by video-conference; 

(2) Ensure that selected applicants 

have English language skills sufficient 

to successfully function on a day-to-day 

basis in their work environments. 

Sponsors must verify each participant’s 

English language proficiency either 

through a recognized language test 

administered by an academic institution 

or English language school or through 

the required documented interview; and 

(3) Confirm that at the time of 

application, applicants (including final 

year students) are enrolled full-time and 

pursuing studies at accredited postsecondary academic institutions located 

outside of the United States and have 

successfully completed at least one 

semester, or equivalent, of postsecondary academic study. 

(e) Participant orientation. In addition 

to satisfying the requirements set forth 

at § 62.10(b) and (c), sponsors must 

provide program participants, prior to 

participants’ departures from their home 

countries, the following information 

and/or documentation: 

(1) A copy of the Department of 

State’s Summer Work Travel Participant 

Letter; 

(2) A copy of the Department of 

State’s Summer Work Travel Program 

Brochure; 

(3) The Department of State’s toll-free 

help line telephone number; 

(4) The sponsor’s 24/7 immediate 

contact telephone number; 

(5) Information advising participants 

of their obligation to notify their 

sponsors when they arrive in the United 

States and to provide information, 

within 10 days, of any change in jobs or 

residences; and 

(6) Information concerning any 

contractual obligations related to 

participants’ acceptance of paid 

employment in the United States, if 

employment has been pre-arranged. 

(f) Participant placement. Sponsors 

and foreign entities (i.e., overseas agents 

or partners acting on their behalf) may 

not pay or otherwise provide any 

incentive to host employers to accept 

program participants for job placements. 

Sponsors must confirm the placements 

of all Summer Work Travel participants 

before the participants may start work, 

at a minimum, by verifying the terms 

and conditions of such employment and 

vetting their identified host employers 

as set forth at § 62.32(l). 

(1) Sponsors of participants who are 

nationals of non-Visa Waiver Program 

countries must: 

(i) Ensure that all such participants 

enter the United States with job 

placements secured in advance by the 

sponsors (direct-placement) or by the 

participants (self-placement); 

(ii) Fully vet and confirm such 

placements in advance of placement by, 

at a minimum, verifying the terms and 

conditions of such employment and 

fully vetting their identified host 

employers as set forth at § 62.32(l); and 

(iii) Enter the participants’ host 

employers, sites of activities, and job 

titles in SEVIS prior to issuing their 

Forms DS–2019. 

(2) Sponsors of participants who are 

nationals of Visa Waiver Program 

countries must: 

(i) Ensure that participants who enter 

the United States without job 

placements secured in advance are 

nationals of Visa Waiver Program 

countries; 

(ii) Ensure that such participants 

receive pre-departure information that 

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23184 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

explains how to seek employment and 

secure lodging in the United States; 

(iii) Maintain and provide such 

participants with a roster of bona fide 

job listings equal to or greater than the 

number of participants who entered the 

United States without pre-arranged and 

confirmed job placements; 

(iv) Ensure that such participants 

have sufficient financial resources to 

support themselves during their search 

for employment; 

(v) Undertake reasonable efforts to 

assist any such participant who has not 

found suitable employment within two 

weeks of commencing his or her job 

search; and 

(vi) Instruct participants of their 

obligation to notify their sponsors when 

they obtain job offers. 

(g) Participant compensation. 

Sponsors must inform program 

participants of Federal Minimum Wage 

requirements and ensure that at a 

minimum participants are compensated 

at the prevailing local wage, which must 

meet the higher of either the applicable 

state or the Federal minimum wage 

requirement, including payment for 

overtime in accordance with statespecific employment laws. 

(h) Monitoring. Sponsors must: 

(1) Maintain, at a minimum, a 

monthly schedule of personal contact 

with program participants. Such contact 

may be in-person, by telephone, or via 

electronic mail and must be properly 

documented. Sponsors must ensure that 

issues affecting the participants’ health, 

safety, and welfare identified through 

such contacts are promptly and 

appropriately addressed; and 

(2) Ensure appropriate assistance is 

provided to participants on an asneeded basis and that sponsors are 

available to participants (and host 

employers) to assist as facilitators, 

counselors, and information resources. 

(i) Internal controls. Sponsors must 

utilize organization-specific standard 

operating procedures for training and 

supervising all organization employees. 

In addition, sponsors must establish 

internal controls to ensure that host 

employers and/or foreign entities 

comply with the terms of agreements 

with such third parties involved in the 

administration of the sponsors’ 

exchange visitor programs, i.e., affect 

the core programmatic functions. 

(j) Sponsors’ use of third parties. 

(1) If sponsors utilize foreign entities to 

assist in fulfilling the sponsors’ core 

programmatic functions that may be 

conducted outside the United States 

(i.e., screening, selection, and 

orientation), they must obtain written 

and executed agreements with such 

third parties. For the purpose of this 

section, U.S. entities operating outside 

the United States (or its possessions or 

territories) are considered foreign 

entities. These agreements must outline 

the obligations and full relationship 

between the sponsors and such third 

parties on all matters involving the 

administration of the sponsors’ 

exchange visitor programs; 

(2) Written and executed agreements 

between sponsors and foreign entities 

acting on their behalf must delineate the 

respective responsibilities of the 

sponsors and third parties and include: 

(i) Annually updated price lists for 

Summer Work Travel programs 

marketed by the foreign entities; 

(ii) Representations that such foreign 

entities will not engage in, permit the 

use of, or otherwise cooperate or 

contract with other third parties 

(including staffing or employment 

agencies or subcontractors) for the 

purpose of recruiting or outsourcing any 

core programmatic functions covered by 

the agreement (i.e., screening, selection, 

and orientation); and 

(iii) Confirmation that the foreign 

entities agree not to pay or provide 

incentives to host employers in the 

United States to accept program 

participants for job placements. 

(3) Sponsors may utilize only host 

employers to assist in fulfilling the 

sponsors’ core programmatic functions 

that are generally conducted within the 

United States (i.e., orientation and 

monitoring). Sponsors may not engage 

third parties other than host employers; 

and host employers may not engage or 

subcontract any third parties to assist in 

fulfilling these functions. 

(k) Screening and vetting of foreign 

entities. Sponsors must undertake 

appropriate due diligence in the review 

of potential overseas agents or partners 

who assist in fulfilling the sponsors’ 

core programmatic functions that may 

be conducted outside the United States 

(i.e., screening, selection, and 

orientation) and must, at a minimum, 

review the following documentation for 

each potential overseas agent or partner: 

(1) Proof of business licensing and/or 

registration to enable it to conduct 

business in the venue(s) where it 

operates; 

(2) Disclosure of any previous 

bankruptcy and of any pending legal 

actions; 

(3) Written references from three 

current business associates or partner 

organizations; 

(4) Summary of previous experience 

conducting J–1 Exchange Visitor 

Program activities; 

(5) Criminal background check reports 

(including original and English 

translation) for all owners and officers 

of the organization; and 

(6) A copy of the sponsor-approved 

advertising materials the overseas agent 

or partner intends to use to market the 

sponsor’s program (including original 

and English translation). 

(l) Vetting host employers. 

(1) Sponsors must adequately vet all 

potential host employers of Summer 

Work Travel program participants to 

confirm that the job offers are viable and 

at a minimum sponsors must: 

(i) Make direct contact in person or by 

telephone with host employers to verify 

the business owners’/managers’ names, 

telephone numbers, email addresses, 

street addresses, and professional 

activities; 

(ii) Utilize publicly available 

information (i.e., Web sites of 

Secretaries of States, advertisements, 

brochures, Web sites, and/or feedback 

from prior participants) to confirm that 

all job offers have been made by viable 

business entities; 

(iii) Obtain and verify the host 

employers’ Employer Identification 

Numbers used for tax purposes; and 

(iv) Verify the Worker’s Compensation 

Insurance Policy or equivalent in each 

state where a participant will be placed 

or, if applicable, evidence of that state’s 

exemption from requirement of such 

coverage. 

(m) Host employer obligations. 

Sponsors must ensure that employers of 

Summer Work Travel program 

participants: 

(1) Provide participants the number of 

hours of paid employment per week as 

identified on the job offer and agreed to 

when the sponsors vetted the jobs; 

(2) Pay those participants eligible for 

overtime worked in accordance with 

applicable state or federal law; 

(3) Notify sponsors promptly when 

participants arrive at the work sites to 

begin their programs; when there are 

any changes or deviations in the job 

placements during the participants’ 

programs; when participants are not 

meeting the requirements of their job 

placements; or when participants leave 

their position ahead of their planned 

departure; and 

(4) Contact sponsors immediately in 

the event of any emergency involving 

participants or any situation that 

impacts the welfare of participants. 

(n) Reporting requirements. Sponsors 

must electronically submit the following 

reports utilizing Department-provided 

templates: 

(1) A Placement Report, on January 31 

and July 31 of each year, identifying all 

Summer Work Travel exchange visitor 

participants who began an exchange 

program during the preceding six-month 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23185 

period. The report must include the 

exchange visitors’ names, SEVIS 

Identification Numbers (or other 

Department-mandated participant 

identification numbers), countries of 

citizenship or legal permanent 

residence, names of employers, the 

length of time it took non-pre-placed 

participants to secure job placements, 

and other information the Department 

may deem essential. For participants 

who change jobs or have multiple jobs 

during their programs, the report must 

include all such placements; and 

(2) Sponsors are required to maintain 

current listings of all foreign agents or 

partners on the Foreign Entity Report by 

promptly informing the Department of 

any additions, deletions, or changes to 

overseas partner information by 

submitting new versions of the report 

that reflect all current information. The 

report must include the names, 

addresses, and contact information (i.e., 

telephone numbers and email 

addresses) of all foreign entities that 

assist the sponsors in fulfilling the 

provision of core program services, and 

other information the Department may 

deem essential. Sponsors may utilize 

only vetted foreign entities identified in 

the report to assist in fulfilling the 

sponsors’ core programmatic functions 

outside the United States. 

(o) Program exclusions. U.S. sponsors 

must not place participants: 

(1) In any position in the adult 

entertainment industry; 

(2) In sales positions that require 

participants to purchase inventory that 

they must sell in order to support 

themselves; 

(3) In domestic help positions in 

private homes (e.g., child care, elder 

care, gardener, chauffeur); 

(4) As pedicab or rolling chair drivers 

or operators; 

(5) As operators of vehicles or vessels 

that carry passengers for hire and/or for 

which commercial drivers licenses are 

required; 

(6) In any position related to clinical 

care that involves patient contact; or 

(7) In any position that could bring 

notoriety or disrepute to the Exchange 

Visitor Program. 

Dated: April 21, 2011. 

Stanley S. Colvin, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. 2011–10079 Filed 4–25–11; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0996] 

Hydroplane Races Within the Captain 

of the Port Puget Sound Area of 

Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Special Local Regulation, 

Hydroplane Races within the Captain of 

the Port Puget Sound Area of 

Responsibility for the Tastin’ n’ Racin’ 

hydroplane event in Lake Sammamish, 

WA from 9 a.m. through 6 p.m. on June 

11, 2011 and from 9 a.m. through 6 p.m. 

on June 12, 2011. This action is 

necessary to restrict vessel movement in 

the vicinity of the race courses thereby 

ensuring the safety of participants and 

spectators during these events. During 

the enforcement period non-participant 

vessels are prohibited from entering the 

designated race areas. Spectator craft 

entering, exiting or moving within the 

spectator area must operate at speeds 

which will create a minimum wake. 

DATES: The regulations in 33 CFR 

100.1308 will be enforced from 9 a.m. 

through 6 p.m. on June 11, 2011 and 

from 9 a.m. through 6 p.m. on June 12, 

2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Ensign Anthony P. LaBoy, 

Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone 206–217–6323, e-mail 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard is providing notice of 

enforcement of the Special Local 

Regulation for Hydroplane Races within 

the Captain of the Port Puget Sound 

Area of Responsibility 33 CFR 100.1308. 

The Lake Sammamish area, 33 CFR 

100.1308(a)(3) will be enforced on June 

11, 2011, from 9 a.m. to 6 p.m. and on 

June 12, 2011 from 9 a.m. to 6 p.m. 

These regulations can be found in the 

March 29, 2011 issue of the Federal 

Register (76 FR 17341). 

Under the provisions of 33 CFR 

100.1308, the regulated area shall be 

closed for the duration of the event to 

all vessel traffic not participating in the 

event and authorized by the event 

sponsor or Coast Guard Patrol 

Commander. 

When this special local regulation is 

enforced, non-participant vessels are 

prohibited from entering the designated 

race areas unless authorized by the 

designated on-scene Patrol Commander. 

Spectator craft may remain in 

designated spectator areas but must 

follow the directions of the designated 

on-scene Patrol Commander. The event 

sponsor may also function as the 

designated on-scene Patrol Commander. 

Spectator craft entering, exiting or 

moving within the spectator area must 

operate at speeds which will create a 

minimum wake. 

Emergency Signaling: A succession of 

sharp, short signals by whistle or horn 

from vessels patrolling the areas under 

the discretion of the designated onscene Patrol Commander shall serve as 

a signal to stop. Vessels signaled shall 

stop and shall comply with the orders 

of the patrol vessel. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

This notice is issued under authority 

of 33 CFR 100.1308 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners. If the 

Captain of the Port determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

regulated area. 

Dated: April 11, 2011. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2011–9985 Filed 4–25–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0612] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Isle 

of Wight (Sinepuxent) Bay, Ocean City, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation governing the operation 

of the US 50 Bridge over Isle of Wight 

(Sinepuxent) Bay, mile 0.5, at Ocean 

City, MD. This rule will require any 

mariner requesting an opening in the 

mstockstill on DSKH9S0YB1PROD with RULES