Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 65975 

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. 

APPENDIX A 

List of Commenters 

Commenter name Abbreviation 

Western Electricity Coordinating Council ......................................................................................................................................... WECC 

North American Electric Reliability Corp .......................................................................................................................................... NERC 

Bonneville Power Administration ...................................................................................................................................................... Bonneville 

California Independent System Operator Corp ................................................................................................................................ CAISO 

California Dept of Water Resources, State Water Project ............................................................................................................... CDWR 

Idaho Power Co. ............................................................................................................................................................................... Idaho Power 

Midwest Independent System Operator, Inc .................................................................................................................................... MISO 

Powerex Corp ................................................................................................................................................................................... Powerex 

Puget Sound Energy, Inc ................................................................................................................................................................. Puget Sound 

Cogeneration Association of California and the Energy Producers and Users Coalition ................................................................ QF Parties 

Sempra Generation .......................................................................................................................................................................... Sempra 

Sierra Pacific Power Co. and Nevada Power Co ............................................................................................................................ NV Energy 

Southern California Edison Co ......................................................................................................................................................... SCE 

Western Interconnection Regional Advisory Body ........................................................................................................................... WIRAB 

WSPP Inc ......................................................................................................................................................................................... WSPP 

Xcel Energy Services Inc ................................................................................................................................................................. Xcel 

[FR Doc. 2010–27134 Filed 10–26–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 7216] 

RIN 1400–AC56 

Exchange Visitor Program—Secondary 

School Students 

AGENCY: United States Department of 

State. 

ACTION: Final rule. 

SUMMARY: The Department is revising 

existing Secondary School Student 

regulations regarding the screening, 

selection, school enrollment, 

orientation, and quality assurance 

monitoring of exchange students as well 

as the screening, selection, orientation, 

and quality assurance monitoring of 

host families and field staff. Further, the 

Department is adopting a new 

requirement regarding training for all 

organizational representatives who 

place and/or monitor students with host 

families. The proposed requirement to 

conduct FBI fingerprint-based criminal 

background checks will not be 

implemented at this time. Rather, it will 

continue to be examined and a 

subsequent Final Rule regarding this 

provision will be forthcoming. These 

regulations, as revised, govern the 

Department designated exchange visitor 

programs under which foreign 

secondary school students (ages 15– 

181⁄2) are afforded the opportunity to 

study in the United States at accredited 

public or private secondary schools for 

an academic semester or year while 

living with American host families or 

residing at accredited U.S. boarding 

schools. 

DATES: Effective November 26, 2010. 

Compliance with the new requirement 

for the State Department designed and 

mandated training module for local 

coordinator training, as set forth at 

§ 62.25(d)(1), will not become effective 

until the development of an online 

training platform implementing this 

requirement is completed. The 

Department anticipates a January 2011 

launch of this training platform. A 

subsequent Federal Register Notice will 

be published when development is 

completed. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary for Private Sector Exchange, 

U.S. Department of State, SA–5, 2200 C 

Street, NW., 5th Floor, Washington, DC 

20522–0505; or e-mail at 

JExchanges@state.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of State has authorized 

Secondary School Student programs 

since 1949, following passage of the 

United States Information and 

Educational Exchange Act of 1948 and 

adoption of 22 CFR Part 62—Exchange 

Visitor Program, establishing a student 

exchange program (14 FR 4592, July 22, 

1949). Over the last 60 years, more than 

850,000 foreign exchange students have 

lived in and learned about the United 

States through these Secondary School 

Student programs. 

While the vast majority of the 

Department’s nearly 28,000 annual 

exchanges of Secondary School students 

conclude with positive experiences for 

both the exchange student and the 

American host families, a number of 

incidents have occurred recently with 

respect to student placement and 

oversight which demand the 

Department’s immediate attention. The 

success of the Secondary School 

Student program is dependent on the 

generosity of the American families who 

support this program by welcoming 

foreign students into their homes. The 

number of qualified foreign students 

desiring to come to the United States for 

a year of high school continues to rise 

and student demand is now placing 

pressure on the ability of sponsors to 

identify available and appropriate host 

family homes. The Department desires 

to provide the means to permit as many 

exchange students into the United 

States as possible so long as we can 

ensure their safety and welfare, which is 

our highest priority. 

A great majority of exchange students 

who come to the United States to attend 

high school enjoy positive life-changing 

experiences, grow in independence and 

maturity, improve their English 

language skills, and build relationships 

with U.S. citizens. As with other 

Exchange Visitor Program categories, 

the underlying purpose of the 


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Secondary School Student program is to 

further U.S. public diplomacy and 

foreign policy goals by encouraging this 

positive academic and social 

interaction. Experience has shown that 

foreign students who participate in this 

program share the knowledge and 

goodwill derived from their exchange 

experience with fellow citizens upon 

return to their home countries. The age 

and vulnerability of high school 

exchange students and the long-term 

importance of these programs 

necessitates increased quality of sponsor 

program administration through both 

the promulgation of clear and enhanced 

regulations and continued Department 

oversight of sponsor activities and 

compliance. The Department believes 

that the increased specificity in this 

Final Rule and the establishment of 

minimum industry standards will 

improve the quality of exchange student 

placements and promote the health, 

safety and well-being of this most 

vulnerable group of exchange visitors. 

The Department, the Congress, the 

American public, and members of the 

exchange community share a common 

goal of ensuring a safe and positive 

exchange experience for every foreign 

student participating in this exchange 

program. 

As a first step in the rulemaking 

process to adopt enhanced program 

safeguards, the Department published in 

the Federal Register an Advance Notice 

of Proposed Rulemaking (ANPRM) 

soliciting comments from sponsors and 

the general public on current best 

practices in the industry (see 74 FR 

45385, September 2, 2009). The ANPRM 

focused on six areas: (1) Utilization of 

standardized information on a sponsordeveloped host family application form; 

(2) a requirement for photographs of all 

host family homes (to include the 

student’s bedroom, living areas, kitchen, 

outside of house and grounds) as a part 

of the host family application process; 

(3) the appropriateness of host family 

references from family members or local 

coordinators, and the feasibility of 

obtaining one reference from the school 

in which the student is enrolled; (4) 

whether fingerprint-based criminal 

background checks should be required 

of all adult host family members and 

sponsor officers, employees, 

representatives, agents and volunteers 

who come, or may come, into direct 

contact with the student and whether 

guidelines regarding the interpretation 

of criminal background checks are 

needed; (5) the establishment of 

baseline financial resources for potential 

host families; and (6) the establishment 

of limitations on the composition of 

potential host families. In response to 

the ANPRM, 97 parties filed comments, 

and the Department, in turn, identified 

16 discrete issues that it believed 

merited specific public comment. These 

issues and the proposed regulatory 

language addressing each matter were 

consolidated into a Notice of Proposed 

Rulemaking (NPRM) (see 75 FR 23197, 

May 3, 2010). The Department received 

a total of 1,698 comments in response to 

the NPRM. Of this number, 1,265 

comments, or 74% of the total 

comments, were submitted by 

individuals self-identifying with three 

sponsor organizations: Rotary 

International (600 comments); American 

Field Services (451 comments); and 

Youth for Understanding (214 

comments). Collectively, comments 

from persons associated with these three 

sponsor organizations opposed: 

Obtaining FBI fingerprint-based 

criminal background checks for adult 

members of potential host families; the 

prohibition of single adults hosting 

exchange students; the prohibition of 

removing exchange students’ 

government issued documents, personal 

computers, and telephones from their 

possession; and the change of required 

maximum distance of local coordinators 

from exchange students from 120 miles 

to one hour’s drive. Sponsor 

organizations, industry associations, 

state law enforcement agencies, and 

other interested members of the public 

submitted the remaining 433 comments. 

The Department also hosted a public 

meeting on June 17, 2010, to discuss the 

Notice of Proposed Rulemaking. The 

Executive Directors of the Alliance and 

Council on Standards for International 

Educational Travel (CSIET) and a 

representative of the National Center for 

Missing and Exploited Children 

provided statements on behalf of their 

respective organizations. Eleven (11) 

other individuals spoke at the public 

meeting, including directors of three 

organizations, two local Rotary leaders, 

four exchange program volunteers, and 

one current exchange student. The 

Department received twelve (12) written 

comments from attendees following the 

public meeting. 

Analysis of Comments 

1. Standard Host Family Application 

Form. The Department proposed that a 

new regulatory provision be added at 

§ 62.25(j)(2) to require the use of 

standard information fields on sponsors’ 

host family application forms. The 

information set forth at Appendix F to 

Part 62, ‘‘Information to be Collected on 

Secondary School Student Host Family 

Applications,’’ includes all data fields 

that, at a minimum, must be collected. 

The Department received 93 comments, 

85 of which supported this change 

indicating that it is important that all 

sponsors collect the same information 

on potential host families. The eight 

parties opposing this proposal argued 

that sponsor organizations are 

sufficiently able to determine 

information to be collected on the Host 

Family Application without guidance 

from the Department. The Department 

disagrees with these eight parties. Based 

on the Department’s administration of 

this program, the collection of uniform 

information by all sponsors will 

establish a consistent, program-wide 

base for evaluating potential host 

families. Having considered all points of 

view on this issue, the Department 

hereby adopts, without change, this 

proposed language set forth at 

§ 62.25(j)(2). 

2. Requiring Photographs of the Host 

Family Home. The Department 

proposed that a new regulatory 

provision be added at § 62.25(j)(2) to 

require sponsors to photograph the 

exterior and grounds, kitchen, student’s 

bedroom, bathroom, and family or living 

room of the potential host family’s home 

as part of the host family application. 

The Department received 81 comments, 

38 of which supported this change. 

Parties supporting this proposal 

explained that requiring photographs of 

the host family home would provide an 

objective visual means of evaluating the 

suitability of the home and is currently 

a standard practice of many sponsors. 

Many of the parties who did not support 

this requirement submitted comments 

that were general in nature, i.e., merely 

voicing opposition to the proposal but 

without an explanation. A few 

comments stated that requiring 

photographs was an invasion of privacy. 

The Department disagrees with 

comments opposed to this proposed 

change and has determined that the 

safety of students outweighs any privacy 

issues that could be raised. The 

Department hereby adopts, without 

change, this proposed language set forth 

at § 62.25(j)(2). 

3. Personal Character References for 

Host Family Applicants. As a 

procedural safeguard, the Department 

proposed that a new regulatory 

provision be added at § 62.25(j)(5) to 

eliminate host family members, and 

sponsor representatives from serving as 

character references for potential host 

families. The Department received 45 

comments, 37 of which supported this 

change. Parties who did not support this 

requirement submitted comments that 

were general in nature, i.e., merely 

voicing opposition to the proposal but 

without an explanation. The 


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Department believes that the obtainment 

of personal character references from 

family members and persons affiliated 

with the sponsor organization does not 

provide a sufficiently impartial 

recommendation of a family’s suitability 

to host. Having considered all points of 

view on this issue, the Department 

thereby adopts, without change, the 

proposed language set forth at 

§ 62.25(j)(5). 

4. Measuring Host Family Financial 

Resources. The Department proposed 

that a new regulatory provision be 

added at § 62.25(j)(6) to prohibit the 

placement of exchange students with 

host families receiving financial needsbased government subsidies for food or 

housing and to require that program 

sponsors collect the range of annual 

household income of potential host 

families on the host family application. 

The Department received 150 

comments, 43 of which supported the 

collection of host family financial 

information. No comments were 

received opposing prohibiting a family 

that receives needs-based government 

subsidies for food or housing from 

hosting exchange students. Parties 

opposed to the proposed change 

regarding collection of information on 

host family income expressed the 

following concerns: Host families would 

not want to disclose their annual 

income levels; the requirement of such 

disclosure could discourage families 

from hosting; and income level is not a 

determinant of whether a family will be 

a good host family. The Department 

disagrees with those comments opposed 

to collecting household income 

information and has determined that the 

benefits of knowing a potential host 

family’s range of income is an important 

factor in assessing a family’s financial 

ability to care for an exchange student 

and outweighs any concerns that such 

information collection would 

discourage some families from hosting. 

Having considered all points of view on 

this issue, the Department hereby 

adopts, without change, the proposed 

language set forth at § 62.25(j)(6). 

5. Criminal Background Checks. The 

Department proposed that a new 

regulatory provision be added at 

§ 62.25(j)(7) to require that all potential 

host family adults (age 18 or older) 

complete an FBI fingerprint-based 

criminal background check before the 

family is able to host an exchange 

student. The Department received 882 

comments, 160 of which supported this 

change. Opponents of the proposed FBI 

fingerprint-based criminal background 

check requirement suggested it would 

‘‘criminalize’’ host families participating 

in the program and could potentially 

reduce by as much as 30% the number 

of families willing to host. This estimate 

was calculated by sponsors and industry 

trade associations involved in the 

program through surveys of current host 

families. Opponents also suggested that 

this proposal could not be executed in 

a timely, cost effective, or convenient 

manner as there is no existing 

mechanism for such checks to be 

performed directly by placement 

organizations. Supporters of this 

proposed requirement explained that 

the extra level of protection that FBI 

fingerprint-based criminal background 

checks of host family adults would 

provide exchange students far 

outweighs the inconveniences that such 

checks would impose on host families. 

The Department notes that the 

proposal to require FBI fingerprintbased criminal history checks for all 

adult members of potential host families 

is responsive to public demands for the 

increased protections and reflects a 

trend at both the state and federal levels 

towards requiring FBI fingerprint-based 

criminal background checks for 

volunteers working with children. 

Specifically, the Congress created the 

Child Safety Pilot Program to be 

administered by the National Center for 

Missing and Exploited Children (see the 

National Child Protection Act/ 

Volunteers for Children Act) to provide 

a national means to complete FBI 

fingerprint-based criminal background 

checks on volunteers working with 

children, a category that includes adult 

members of potential host families. 

Given the National Center for Missing 

and Exploited Children’s limited 

authorization and resources to perform 

these checks, a number of cost, 

administrative, and statutory issues 

need to first be addressed before this 

proposal can be adopted. Accordingly, 

the Department will conduct further 

fact-finding and analysis on this matter 

and will not adopt at this time the 

proposed language set forth at 

§ 62.25(j)(7). The existing requirements 

for criminal background checks remain. 

As a matter of clarification, sponsors 

must verify that each member of the 

host family household eighteen years of 

age and older, as well as any new adult 

member added to the household, or any 

member of the host family household 

who will turn eighteen years of age 

during the exchange student’s stay in 

that household, has undergone a 

criminal background check (which must 

include a search of the Department of 

Justice’s National Sex Offender Public 

Registry). See http://www.nsopk.gov. 

6. Host Family Composition. The 

Department proposed that a new 

regulatory provision be added at 

§ 62.25(j)(9) to prohibit single adults 

without a school-aged child living in the 

home or without a child who visits the 

home frequently from hosting exchange 

students. The Department received 

1,190 comments, 77 of which supported 

this change. Supporters of this proposed 

change believe that the placement of an 

exchange student or students with a 

single adult without a school-aged child 

who lives in or frequently visits the 

home necessarily increases potential 

risk to the exchange student as there is 

no additional person in the home with 

whom the student can communicate, 

should the relationship with the host 

parent become strained or abusive. 

However, parties opposing this proposal 

argued that the exclusion of single 

adults without school-aged children in 

the home or who frequently visit is 

discriminatory and would unnecessarily 

eliminate approximately ten percent 

(10%) of current host families many of 

whom, sponsors reported, provide 

excellent experiences for their exchange 

students and who tend to repeatedly 

volunteer to participate in this exchange 

program. This potential reduction of 

host families was provided by trade 

associations involved in this program 

through a survey of current host 

families. 

The Department notes that numerous 

public comments submitted by sponsor 

organizations outlined best practices 

regarding the placement of exchange 

students in single adult host homes, 

including additional screening measures 

for single adults. Having considered 

competing points of view, the 

Department finds that the language set 

forth at § 62.25(j)(9) should be amended 

to impose additional screening 

procedures for exchange student 

placements involving single adult 

parents with no school-aged children in 

the home, including a secondary level of 

review by an organizational 

representative other than the individual 

who recruited and selected the 

applicant. Such secondary review 

should include demonstrated evidence 

from the individual’s friends or family 

who can provide an additional support 

network for the exchange student and 

evidence of the individual’s ties to the 

community. Finally, both the exchange 

student and his or her natural parents 

must agree in writing to any placement 

with a single adult host parent without 

a school-aged child in the home. These 

additional screening procedures for 

single adult homes will be monitored by 

the Department over an experimental 

period of not more than three years, 

following which the success of this 

approach will be further reviewed and 


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65978 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

any necessary adjustments will be 

considered for adoption. 

7. Local Coordinator Training Course. 

The Department proposed that a new 

regulatory provision be added at 

§ 62.25(d)(1) to require that all local 

coordinators complete a training 

program, to be developed and 

administered by the Department. The 

Department received 108 comments, 65 

of which supported this proposal. The 

Department notes that local 

coordinators, who serve as 

representatives (as either employees or 

volunteers) of program sponsors and 

who have responsibility for obtaining 

school enrollment and locating and 

recruiting host families, are the critical 

component in a successful exchange 

program. Local coordinators exercise a 

degree of independent judgment when 

determining whether a potential host 

family is capable of providing a 

comfortable and nurturing home 

environment for an exchange student, 

whether that family is an appropriate 

match for the student, and whether it 

has adequate financial resources to 

undertake hosting obligations. 

Opponents of this proposed change 

explained that the local coordinator 

training programs currently offered by 

sponsors are sufficient and that a 

Department-administered training 

course is redundant. The Department 

disagrees with those comments and 

determines that a uniform and programwide local coordinator training course 

will better ensure that all agents and 

employees placing exchange students 

on behalf of a sponsor are equally 

educated and informed of their 

responsibilities. Having considered all 

points of view on this issue, the 

Department hereby adopts, without 

change, the proposed language set forth 

at § 62.25(d)(1). 

8. Number of Students and Host 

Families for Whom a Local Coordinator 

May Be Responsible. The Department 

sought public comment on whether 

limiting the number of student and host 

family placements that a local 

coordinator may oversee would enhance 

the quality of host family placements. 

The Department received 61 comments, 

17 of which supported this proposal. 

Opponents of the proposal opined that 

such a ratio was a decision best left to, 

and most accurately set by, the sponsor 

organization. The Department agrees 

with the 44 parties opposing this 

proposal, and, having considered all 

points of view on this issue, does not 

adopt this requirement. 

9. Athletic Participation in the United 

States. The Department proposed that a 

new regulatory provision be added at 

§ 62.25(h)(2). This provision would 

prohibit exchange student selection and 

placement based on athletic ability. The 

Department received 37 comments, 35 

of which supported this proposal. 

Comments in support of this 

requirement noted that this proposal is 

an existing CSIET provision and that the 

adoption of this standard would 

establish a uniform policy across the 

Secondary School Student program 

industry. The two parties opposed to 

this requirement provided no explicit 

reasons. Having has considered all 

points of view on this issue, the 

Department hereby adopts, without 

change, the proposed language set forth 

at § 62.25(h)(2). 

10. Prohibition of Payments to Host 

Families. The Department proposed that 

a new regulatory provision be added at 

§ 62.25(d)(6) to prohibit payments to 

host families for hosting exchange 

students. The Department received 141 

comments, 122 of which supported this 

proposal. Parties who supported the 

proposal cited the established 

Secondary School Student program 

practice of not paying host families to 

ensure that host families are involving 

themselves in the program with the 

correct motives, i.e., for the experience, 

and not for compensation. The parties 

who opposed this requirement 

suggested that host families were 

providing a service for which the family 

should be compensated. The 

Department disagrees with the 19 

parties opposing this proposal and 

maintains its position that hosting an 

exchange student must remain a 

volunteer activity. Having considered 

all points of view on this issue, the 

Department hereby adopts, without 

change, the proposed language set forth 

at § 62.25(d)(6). 

11. Separate Orientation for Host 

Families. The Department proposed that 

a new regulatory provision be added at 

§ 62.25(d)(9). This provision would 

clarify that sponsors must conduct the 

host family orientation at the end of the 

host family application process, i.e., 

after the host family has been fully 

vetted and accepted into the program. 

The Department received 519 

comments, 75 of which supported this 

proposal. Parties opposed to this 

proposed change argued that the host 

family orientation is often used as the 

initial recruitment session. The 

Department disagrees with those 

comments opposed to requiring a 

separate host family orientation and has 

determined that a separate orientation, 

to be conducted following the 

recruitment, screening, and selection of 

host families, will better ensure that the 

host family fully understands and 

accepts the obligations it assumes when 

choosing to host an exchange student. 

Having considered all points of view on 

this issue, the Department hereby 

adopts, without change, the proposed 

language set forth at § 62.25(d)(9). 

12. Additional Visit to Host Family 

Homes. The Department proposed that a 

new regulatory provision be added at 

§ 62.25(d)(12) to require that a visit to 

the host family home be conducted, 

within two months of placement, by an 

organizational representative of the 

sponsor other than the local coordinator 

who screened and selected the host 

family and made the placement. The 

Department received 91 comments, 31 

of which supported this proposal. 

Opponents focused on additional 

administration and cost burdens for 

sponsors required for a second 

organizational representative to make 

these visits. The Department disagrees 

with those comments opposed to this 

proposed change and has determined 

that the enhanced monitoring outweighs 

any possible administrative 

inconveniences. The Department also 

recognizes that some sponsors will need 

to adjust their current business models 

to satisfy this new requirement but has 

determined that this requirement is a 

minimal cost to sponsors. Having 

considered all points of view on this 

issue, the Department hereby adopts, 

without change, the proposed language 

set forth at § 62.25(d)(12). 

13. Local Coordinator Distance from 

Exchange Students. The Department 

proposed that a new regulatory 

provision similar to that which has been 

successfully incorporated into the Au 

Pair category regulations be added at 

§ 62.25(d)(5) to require that no 

secondary school student placement be 

made beyond one hour’s drive of the 

home of the local organizational 

representative responsible for 

monitoring the student. The Department 

received 54 comments, 22 of which 

supported this proposal. Opponents of 

this change explained that such a 

requirement would serve only to the 

limit number of exchange student 

placements in rural locations, especially 

the Mountain West region. The 

Department agrees with those comments 

opposed to this proposed change. 

Having considered all points of view on 

this issue, the Department does not 

adopt this requirement. 

14. Restrictions on Local 

Coordinators. The Department proposed 

that a new regulatory provision be 

added at § 62.25(d)(10) to limit the 

functions and responsibilities of a local 

coordinator. Such limitations would 

prohibit a local coordinator from 

performing the duties of both a host 

family and a local coordinator/area 


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supervisor for an exchange student; or 

performing the duties of both a host 

family for one sponsor and a local 

coordinator for another. A local 

coordinator would also be prohibited 

from performing the duties of a local 

coordinator for a student if the 

coordinator also holds a position of 

direct authority over the student that is 

not related to or arising from the 

coordinator’s placement of a student 

with a host family. Many local 

coordinators are teachers and principals 

in the schools where a student is placed. 

The Department received 62 comments, 

31 of which supported this proposal. 

Opponents specifically argued that 

school officials (both teachers and 

principals) best know the school and 

student environment in which exchange 

students will be immersed and to 

exclude such a cohort needlessly 

eliminates some of the most important 

volunteers in the Secondary School 

Student program. The Department 

adopts, without change, the proposed 

language set forth at § 62.25(d)(10)(i) 

and (ii) but finds that the language set 

forth at § 62.25(d)(10)(iii) should be 

amended so that principals and teachers 

are not excluded from serving as local 

coordinators. However, a teacher cannot 

serve as a local coordinator for a student 

in his/her class. A principal cannot 

serve as a local coordinator for a student 

in his/her school. The Department also 

notes that students are placed in U.S. 

boarding schools. 

15. Removing Exchange Student 

Property. The Department proposed that 

a new regulatory provision be added at 

§ 62.25(d)(8) to prohibit the removal of 

exchange students’ government issued 

documents, personal computers, and 

telephones from their possession. The 

Department received 550 comments, 68 

of which supported this proposal. 

Comments opposed to this proposed 

requirement argued both that students 

often do not understand the importance 

of safekeeping their government issued 

documents and that confiscating cell 

phones and computers is a time-tested 

and acceptable disciplinary action for 

host parents. Comments supporting this 

proposed requirement explained that 

exchange students should always have 

access to their telephones and 

computers to maintain contact with 

parents, authorities, or friends in case of 

a problem, thus viewing such access as 

a safeguard for the student. Federal law 

prohibits the removal of official 

governmental documents from foreign 

nationals. The Department agrees with 

the comments opposed to these 

proposed requirements regarding the 

removal of cell phones and computers 

and has determined that the language 

set forth at § 62.25(d)(8) should be 

amended to delete the prohibition 

against removing an exchange student’s 

personal computer or cell phone. 

However, under no circumstance is a 

sponsor or a host family permitted to 

prohibit a student from communicating 

with his/her natural parents and 

families by telephone and e-mail. 

16. Limits to Advertising. The 

Department proposed that new 

regulatory provisions be added at 

§ 62.25(m)(3) and (4) to prohibit 

sponsors from including personal data, 

contact information, or photographs of 

potential exchange students on web 

sites or in other promotional materials 

and would require sponsors to ensure 

that access to student profiles be 

password protected and available only 

to potential host families who have been 

fully vetted and selected for program 

participation. The Department received 

103 comments, 27 of which supported 

this proposal. Parties supporting this 

proposal stated that prohibiting the use 

of photographs and personal 

information of potential exchange 

students for recruiting un-vetted host 

families would better ensure the safety 

of exchange students as it makes such 

information more difficult for predators 

to access. Opponents stated that use of 

photographs in a restricted and limited 

manner is essential for host family 

recruiting. Opponents also described 

this type of ‘‘photo-listing,’’ or using a 

photograph with a student’s first name 

but no last name, address, or contact 

information to be a safe and responsible 

practice and one widely used in the U.S. 

adoption of children process. The 

Department disagrees with those 

comments opposing this proposed 

change and notes that the family 

selection process in the U.S. adoption 

system is much more lengthy and 

comprehensive than the selection of 

exchange student host families, and is 

therefore an inexact comparison. Having 

considered all points of view on this 

issue, the Department hereby adopts, 

without change, the proposed language 

set forth at § 62.25(m)(3) and 

§ 62.25(m)(4). 

Finally, in drafting the Proposed Rule, 

the language contained in section 

62.25(n) Reporting Requirements, 

paragraph 3 was amended to clarify the 

information the report was to contain. 

The Department views this as a 

clarification and not a change in 

requirements. Currently, a sponsor 

cannot prepare a report on changes in 

student placement with more than one 

host family or school without having the 

data, requested in the proposed rule, 

readily available. Likewise, a sponsor 

cannot perform requisite monitoring of 

a student without having this 

information on each student in their 

exchange program. In addition, 

consistent with the current process 

required for completion of the 

Placement Reports, this report is being 

requested in electronic format to enable 

the data submitted from all sponsor 

organizations to be compared and 

analyzed. The Department received no 

comments on this section of the 

proposed requirement and hereby 

adopts the proposed language set forth 

at 62.25(n)(3) as stated. For additional 

clarification, a final sentence was added 

to reflect the date by which the report 

is required. The sentence reads: This 

report is due by July 31 for the previous 

academic school year. 

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 section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act (APA). 

The U.S. Government policy and 

longstanding practice have supervised 

and overseen foreign nationals who 

come to the United States as 

participants in exchange visitor 

programs, either directly or through 

private sector program sponsors or 

grantees. 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 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 exchange programs. 

In support of its position that this Final 

Rule involves a foreign affairs function 

of the U.S. Government, the Department 

of State represents that failure to protect 

the health and welfare of these foreign 

nationals will have direct and 

substantial adverse effects on the foreign 

affairs of the United States. Given this 

foreign affairs function exemption, the 

Department of State considers that it is 

under no legal obligation to provide 

public notice and comment with respect 

to proposed regulations. Nonetheless, in 

this instance, the Department of State 

offered reasonable opportunity for 

public notice and comment. 


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65980 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

As discussed above, the Department 

believes that this rule is exempt from 

the provisions of 5 U.S.C. 553, and that 

no other law requires the Department to 

give notice of rulemaking. Accordingly, 

the Department believes that this rule is 

not subject to the requirements of the 

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

et seq.) or Executive Order 13272, 

section 3(b). 

However, the Department has 

examined the potential impact of this 

rule on small entities. Entities 

conducting student exchange programs 

are classified under code number 

6117.10 of the North American Industry 

Classification System. Some 5,573 forprofit and tax-exempt entities are listed 

as falling within this classification. Of 

this total number of so-classified 

entities, 1,226 are designated by the 

Department of State as sponsors of an 

exchange visitor program, designated as 

such to further the public diplomacy 

mission of the Department and U.S. 

Government through the conduct of 

people to people exchange visitor 

programs. Of these 1,226 Department 

designated entities, 933 are accredited 

degree granting academic institutions, 

none of which we believe to be a small 

entity under the terms of the Regulatory 

Flexibility Act and the remaining 293 

are for-profit or tax-exempt entities. Of 

the 293 for-profit or tax-exempt entities 

designated by the Department 131 have 

annual revenues of less than $7 million 

dollars, thereby falling within the 

purview of the Regulatory Flexibility 

Act. Of these 131 entities 61 conduct 

secondary school student activities. 

This Rule will involve additional costs 

for these 61 entities. These costs arise 

from the additional staff time needed to 

photograph host family homes, 

additional screening procedures for 

single adult family homes, ensuring that 

an orientation is conducted after a 

potential host family has been fully 

vetted and accepted and an additional 

home visit to the host family by an 

organizational representative within two 

months of placement of the student in 

the home. The Department estimates 

these additional requirements will 

involve approximately four additional 

hours of staff time, per student and at 

an estimated $20 per hour will cost $80 

additional per student participant. 

These 61 small entities program some 

3,750 students annually. Thus at an 

additional $80 per student these 61 

entities will incur $300,000 in 

additional administrative costs. 

Although, as stated above, the 

Department is of the opinion that the 

Exchange Visitor Program is a foreign 

affairs function of the United States 

Government and, as such, that this rule 

is exempt from the rulemaking 

provisions of section 553 of the APA, 

given the projected costs of this rule 

(discussed under the Executive Order 

12866 heading below) and the number 

of entities conducting student exchange 

programs noted above, the Department 

has determined that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Unfunded Mandates Reform Act of 1995 

This 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. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This 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 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. 

Executive Order 12866 

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. However, the 

Department has nevertheless reviewed 

this regulation to ensure its consistency 

with the regulatory philosophy and 

principles set forth in that Executive 

Order. 

The Department has identified 

potential costs associated with this rule 

beginning with the requirement that 

sponsors collect photographs 

documenting the exterior and interior of 

a potential host family home. Although 

many sponsors currently collect such 

photographs as part of the host family 

application and vetting process, not all 

designated sponsors do so. Those 

sponsors that do collect this 

photographic documentation find that 

the cost of doing so is not substantial as 

the photographs are taken by the local 

coordinator with digital cameras, 

uploaded electronically, and attached to 

the host family application that is in 

turn sent to the sponsor for evaluation 

and further vetting. For program 

sponsors not currently following this 

practice, the cost of doing so will be 

associated with the purchase of a digital 

camera for those local coordinators that 

do not own or have access to one (or a 

telephone with camera capability). The 

Department does not believe this will be 

a substantial cost to sponsors. No 

comments received cited cost as an 

objection to photo use. 

The Department also identifies the 

costs associated with the 

implementation of enhanced training for 

local coordinators, the individuals 

acting as agents of program sponsors in 

screening, selecting, and monitoring 

host family placements. The Department 

will develop a training program for all 

local coordinators at a projected onetime development cost to the 

Department of $100,000. An additional 

cost of this rule is the time required for 

these individuals to take this training. 

While some local coordinators receive 

payment for placing exchange students, 

others do not. In determining costs for 

required training, the Department places 

a value of $20 per hour on the time 

spent in taking this required training 

and thus finds that if all volunteers and 

agents (estimated at 4,000 individuals) 

spend three hours each taking the 

proposed training, then the aggregate 

cost would be approximately $240,000. 

Finally, the Department notes that there 

will be an increased cost arising from 

the requirement that each host family 

home be visited within the first or 

second month of the student’s 

placement in the home by a 

representative of the sponsor other than 

the local coordinator who screened and 

selected the host family and arranged 

the placement. The Department 

recognizes that the sponsor will utilize 

its existing local coordinator network 

and that the identifiable cost of this 

proposal will be related to the 


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additional cost of travel for this sponsor 

representative, which the Department 

anticipates to not be substantial. 

The Department has examined the 

costs and benefits associated with this 

rule and declares that educational and 

cultural exchanges are both the 

cornerstone of U.S. public diplomacy 

and an integral component of U.S. 

foreign policy. The Secondary School 

Student exchange programs conducted 

under the authorities of the Exchange 

Visitor Program promote mutual 

understanding by providing foreign 

students the opportunity to study in 

U.S. high schools while living with 

American host families. Not only are the 

students themselves transformed by 

these experiences, but so too are their 

families, friends, and teachers in their 

home countries. By studying and 

participating in daily student life in the 

United States, Secondary School 

Student 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 students enrich their schools and 

communities with different perspectives 

of U.S. culture and events, providing 

local communities with new and 

diverse perspectives. Secondary School 

Student exchanges also foster enduring 

relationships and lifelong friendships 

which help build longstanding ties 

between the people of the United States 

and other countries. In reciprocal 

fashion, American secondary school 

students are provided opportunities to 

increase their knowledge and 

understanding of the world through 

these friendships. Participating schools 

gain from the experience of having 

international students in the classroom, 

at after-school activities, and in their 

communities. Although 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 rule. 

Executive Order 12988 

The Department has reviewed this 

regulation in light of sections 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 effects 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 section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this regulation. 

Paperwork Reduction Act 

The information collection 

requirements contained in this 

rulemaking are pursuant to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35 and OMB Control Number 

1405–0147, Form DS–7000. 

List of Subjects in 22 CFR Part 62 

Cultural exchange program. 

■ Accordingly, 22 CFR part 62 is to be 

amended as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ 1. The Authority citation for part 62 

is revised 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. Section 62.25 is revised to read as 

follows: 

§ 62.25 Secondary school students. 

(a) Purpose. This section governs 

Department of State designated 

exchange visitor programs under which 

foreign secondary school students are 

afforded the opportunity to study in the 

United States at accredited public or 

private secondary schools for an 

academic semester or an academic year, 

while living with American host 

families or residing at accredited U.S. 

boarding schools. 

(b) Program sponsor eligibility. 

Eligibility for designation as a secondary 

school student exchange visitor program 

sponsor is limited to organizations: 

(1) With tax-exempt status as 

conferred by the Internal Revenue 

Service pursuant to section 501(c)(3) of 

the Internal Revenue Code; and 

(2) Which are United States citizens 

as such term is defined in § 62.2. 

(c) Program eligibility. Secondary 

school student exchange visitor 

programs designated by the Department 

of State must: 

(1) Require all exchange students to 

be enrolled and participating in a full 

course of study at an accredited 

academic institution; 

(2) Allow entry of exchange students 

for not less than one academic semester 

(or quarter equivalency) and not more 

than two academic semesters (or quarter 

equivalency) duration; and 

(3) Ensure that the program is 

conducted on a U.S. academic calendar 

year basis, except for students from 

countries whose academic year is 

opposite that of the United States. 

Exchange students may begin an 

exchange program in the second 

semester of a U.S. academic year only if 

specifically permitted to do so, in 

writing, by the school in which the 

exchange student is enrolled. In all 

cases, sponsors must notify both the 

host family and school prior to the 

exchange student’s arrival in the United 

States whether the placement is for an 

academic semester, an academic year, or 

a calendar year. 

(d) Program administration. Sponsors 

must ensure that all organizational 

officers, employees, representatives, 

agents, and volunteers acting on their 

behalf: 

(1) Are adequately trained. Sponsors 

must administer training for local 

coordinators that specifically includes, 

at a minimum, instruction in: Conflict 

resolution; procedures for handling and 

reporting emergency situations; 

awareness or knowledge of child safety 

standards; information on sexual 

conduct codes; procedures for handling 

and reporting allegations of sexual 

misconduct or any other allegations of 

abuse or neglect; and the criteria to be 

used to screen potential host families 

and exercise good judgment when 

identifying what constitutes suitable 

host family placements. In addition to 

their own training, sponsors must 

ensure that all local coordinators 

complete the Department of State 

mandated training module prior to their 

appointment as a local coordinator or 

assumption of duties. The Department 

of State training module will include 

instruction designed to provide a 

comprehensive understanding of the 

Exchange Visitor Program; its public 

diplomacy objectives; and the 

Secondary School Student category 

rules and regulations. Sponsors must 

demonstrate the individual’s successful 

completion of all initial training 


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requirements and that annual refresher 

training is also successfully completed. 

(2) Are adequately supervised. 

Sponsors must create and implement 

organization-specific standard operating 

procedures for the supervision of local 

coordinators designed to prevent or 

deter fraud, abuse, or misconduct in the 

performance of the duties of these 

employees/agents/volunteers. They 

must also have sufficient internal 

controls to ensure that such employees/ 

agents/volunteers comply with such 

standard operating procedures. 

(3) Have been vetted annually through 

a criminal background check (which 

must include a search of the Department 

of Justice’s National Sex Offender Public 

Registry); 

(4) Place no exchange student with 

his or her relatives; 

(5) Make no exchange student 

placement beyond 120 miles of the 

home of the local coordinator 

authorized to act on the sponsor’s behalf 

in both routine and emergency matters 

arising from that exchange student’s 

participation in the Exchange Visitor 

Program; 

(6) Make no monetary payments or 

other incentives to host families; 

(7) Provide exchange students with 

reasonable access to their natural 

parents and family by telephone and email; 

(8) Make certain that the exchange 

student’s government issued documents 

(i.e., passports, Forms DS–2019) are not 

removed from his/her possession; 

(9) Conduct the host family 

orientation after the host family has 

been fully vetted and accepted; 

(10) Refrain, without exception, from 

acting as: 

(i) Both a host family and a local 

coordinator or area supervisor for an 

exchange student; 

(ii) A host family for one sponsor and 

a local coordinator for another sponsor; 

or 

(iii) A local coordinator for any 

exchange student over whom he/she has 

a position of trust or authority such as 

the student’s teacher or principal. This 

requirement is not applicable to a 

boarding school placement. 

(11) Maintain, at minimum, a monthly 

schedule of personal contact with the 

exchange student. The first monthly 

contact between the local coordinator 

and the exchange student must be in 

person. All other contacts may take 

place in-person, on the phone, or via 

electronic mail and must be properly 

documented. The sponsor is responsible 

for ensuring that issues raised through 

such contacts are promptly and 

appropriately addressed. 

(12) That a sponsor representative 

other than the local coordinator who 

recruited, screened and selected the 

host family visit the exchange student/ 

host family home within the first or 

second month following the student’s 

placement in the home. 

(13) Maintain, at a minimum, a 

monthly schedule of personal contact 

with the host family. At least once 

during the fall semester and at least 

once during the spring semester, (i.e., 

twice during the academic year) the 

contact by the local coordinator with the 

host family must be in person. All other 

contacts may take place in person, on 

the phone, or via electronic mail and 

must be properly documented. The 

sponsor is responsible for ensuring the 

issues raised through such contacts are 

promptly and appropriately addressed. 

(14) That host schools are provided 

contact information for the local 

organizational representative (including 

name, direct phone number, and e-mail 

address), the program sponsor, and the 

Department’s Office of Designation; and 

(15) Adhere to all regulatory 

provisions set forth in this Part and all 

additional terms and conditions 

governing program administration that 

the Department may impose. 

(e) Student selection. In addition to 

satisfying the requirements of § 62.10(a), 

sponsors must ensure that all 

participants in a designated secondary 

school student exchange visitor 

program: 

(1) Are secondary school students in 

their home countries who have not 

completed more than 11 years of 

primary and secondary study, exclusive 

of kindergarten; or are at least 15 years 

of age, but not more than 18 years and 

six months of age as of the program start 

date; 

(2) Demonstrate maturity, good 

character, and scholastic aptitude; and 

(3) Have not previously participated 

in an academic year or semester 

secondary school student exchange 

program in the United States or 

attended school in the United States in 

either F–1 or J–1 visa status. 

(f) Student enrollment. (1) Sponsors 

must secure prior written acceptance for 

the enrollment of any exchange student 

in a United States public or private 

secondary school. Such prior 

acceptance must: 

(i) Be secured from the school 

principal or other authorized school 

administrator of the school or school 

system that the exchange student will 

attend; and 

(ii) Include written arrangements 

concerning the payment of tuition or 

waiver thereof if applicable. 

(2) Under no circumstance may a 

sponsor facilitate the entry into the 

United States of an exchange student for 

whom a written school placement has 

not been secured. 

(3) Under no circumstance may a 

sponsor charge a student private school 

tuition if such arrangements are not 

finalized in writing prior to the issuance 

of Form DS–2019. 

(4) Sponsors must maintain copies of 

all written acceptances for a minimum 

of three years and make such documents 

available for Department of State 

inspection upon request. 

(5) Sponsors must provide the school 

with a translated ‘‘written English 

language summary’’ of the exchange 

student’s complete academic course 

work prior to commencement of school, 

in addition to any additional documents 

the school may require. Sponsors must 

inform the prospective host school of 

any student who has completed 

secondary school in his/her home 

country. 

(6) Sponsors may not facilitate the 

enrollment of more than five exchange 

students in one school unless the school 

itself has requested, in writing, the 

placement of more than five students 

from the sponsor. 

(7) Upon issuance of a Form DS–2019 

to a prospective participant, the sponsor 

accepts full responsibility for securing a 

school and host family placement for 

the student, except in cases of voluntary 

student withdrawal or visa denial. 

(g) Student orientation. In addition to 

the orientation requirements set forth at 

§ 62.10, all sponsors must provide 

exchange students, prior to their 

departure from their home countries, 

with the following information: 

(1) A summary of all operating 

procedures, rules, and regulations 

governing student participation in the 

exchange visitor program along with a 

detailed summary of travel 

arrangements; 

(2) A copy of the Department’s 

welcome letter to exchange students; 

(3) Age and language appropriate 

information on how to identify and 

report sexual abuse or exploitation; 

(4) A detailed profile of the host 

family with whom the exchange student 

will be placed. The profile must state 

whether the host family is either a 

permanent placement or a temporaryarrival family; 

(5) A detailed profile of the school 

and community in which the exchange 

student will be placed. The profile must 

state whether the student will pay 

tuition; and 

(6) An identification card, that lists 

the exchange student’s name, United 

States host family placement address 


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and telephone numbers (landline and 

cellular), sponsor name and main office 

and emergency telephone numbers, 

name and telephone numbers (landline 

and cellular) of the local coordinator 

and area representative, the telephone 

number of Department’s Office of 

Designation, and the Secondary School 

Student program toll free emergency 

telephone number. The identification 

card must also contain the name of the 

health insurance provider and policy 

number. Such cards must be corrected, 

reprinted, and reissued to the student if 

changes in contact information occur 

due to a change in the student’s 

placement. 

(h) Student extra-curricular activities. 

Exchange students may participate in 

school sanctioned and sponsored extracurricular activities, including athletics, 

if such participation is: 

(1) Authorized by the local school 

district in which the student is enrolled; 

and 

(2) Authorized by the state authority 

responsible for determination of athletic 

eligibility, if applicable. Sponsors shall 

not knowingly be party to a placement 

(inclusive of direct placements) based 

on athletic abilities, whether initiated 

by a student, a natural or host family, 

a school, or any other interested party. 

(3) Any placement in which either the 

student or the sending organization in 

the foreign country is party to an 

arrangement with any other party, 

including receiving school personnel, 

whereby the student will attend a 

particular school or live with a 

particular host family must be reported 

to the particular school and the National 

Federation of State High School 

Associations prior to the first day of 

classes. 

(i) Student employment. Exchange 

students may not be employed on either 

a full or part-time basis but may accept 

sporadic or intermittent employment 

such as babysitting or yard work. 

(j) Host family application and 

selection. Sponsors must adequately 

screen and select all potential host 

families and at a minimum must: 

(1) Provide potential host families 

with a detailed summary of the 

Exchange Visitor Program and of their 

requirements, obligations and 

commitment to host; 

(2) Utilize a standard application form 

developed by the sponsor that includes, 

at a minimum, all data fields provided 

in Appendix F, ‘‘Information to be 

Collected on Secondary School Student 

Host Family Applications’’. The form 

must include a statement stating that: 

‘‘The income data collected will be used 

solely for the purposes of determining 

that the basic needs of the exchange 

student can be met, including three 

quality meals and transportation to and 

from school activities.’’ Such application 

form must be signed and dated at the 

time of application by all potential host 

family applicants. The host family 

application must be designed to provide 

a detailed summary and profile of the 

host family, the physical home 

environment (to include photographs of 

the host family home’s exterior and 

grounds, kitchen, student’s bedroom, 

bathroom, and family or living room), 

family composition, and community 

environment. Exchange students are not 

permitted to reside with their relatives. 

(3) Conduct an in-person interview 

with all family members residing in the 

home where the student will be living; 

(4) Ensure that the host family is 

capable of providing a comfortable and 

nurturing home environment and that 

the home is clean and sanitary; that the 

exchange student’s bedroom contains a 

separate bed for the student that is 

neither convertible nor inflatable in 

nature; and that the student has 

adequate storage space for clothes and 

personal belongings, reasonable access 

to bathroom facilities, study space if not 

otherwise available in the house and 

reasonable, unimpeded access to the 

outside of the house in the event of a 

fire or similar emergency. An exchange 

student may share a bedroom, but with 

no more than one other individual of 

the same sex. 

(5) Ensure that the host family has a 

good reputation and character by 

securing two personal references from 

within the community from individuals 

who are not relatives of the potential 

host family or representatives of the 

sponsor (i.e., field staff or volunteers), 

attesting to the host family’s good 

reputation and character; 

(6) Ensure that the host family has 

adequate financial resources to 

undertake hosting obligations and is not 

receiving needs-based government 

subsidies for food or housing; 

(7) Verify that each member of the 

host family household 18 years of age 

and older, as well as any new adult 

member added to the household, or any 

member of the host family household 

who will turn eighteen years of age 

during the exchange student’s stay in 

that household, has undergone a 

criminal background check (which must 

include a search of the Department of 

Justice’s National Sex Offender Public 

Registry); 

(8) Maintain a record of all 

documentation on a student’s exchange 

program, including but not limited to 

application forms, background checks, 

evaluations, and interviews, for all 

selected host families for a period of 

three years following program 

completion; and 

(9) Ensure that a potential single adult 

host parent without a child in the home 

undergoes a secondary level review by 

an organizational representative other 

than the individual who recruited and 

selected the applicant. Such secondary 

review should include demonstrated 

evidence of the individual’s friends or 

family who can provide an additional 

support network for the exchange 

student and evidence of the individual’s 

ties to his/her community. Both the 

exchange student and his or her natural 

parents must agree in writing in 

advance of the student’s placement with 

a single adult host parent without a 

child in the home. 

(k) Host family orientation. In 

addition to the orientation requirements 

set forth in § 62.10, sponsors must: 

(1) Inform all host families of the 

philosophy, rules, and regulations 

governing the sponsor’s exchange visitor 

program, including examples of ‘‘best 

practices’’ developed by the exchange 

community; 

(2) Provide all selected host families 

with a copy of the Department’s letter of 

appreciation to host families; 

(3) Provide all selected host families 

with a copy of Department of Statepromulgated Exchange Visitor Program 

regulations; 

(4) Advise all selected host families of 

strategies for cross-cultural interaction 

and conduct workshops to familiarize 

host families with cultural differences 

and practices; and 

(5) Advise host families of their 

responsibility to inform the sponsor of 

any and all material changes in the 

status of the host family or student, 

including, but not limited to, changes in 

address, finances, employment and 

criminal arrests. 

(l) Host family placement. (1) 

Sponsors must secure, prior to the 

student’s departure from his or her 

home country, a permanent or arrival 

host family placement for each 

exchange student participant. Sponsors 

may not: 

(i) Facilitate the entry into the United 

States of an exchange student for whom 

a host family placement has not been 

secured; 

(ii) Place more than one exchange 

student with a host family without the 

express prior written consent of the host 

family, the natural parents, and the 

students being placed. Under no 

circumstance may more than two 

exchange students be placed with a host 

family, or in the home of a local 

coordinator, regional coordinator, or 

volunteer. Sponsors may not place 

students from the same countries or 


jdjones on DSK8KYBLC1PROD with RULES
65984 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

with the same native languages in a 

single home. 

(2) Prior to the student’s departure 

from his or her home country, sponsors 

must advise both the exchange student 

and host family, in writing, of the 

respective family compositions and 

backgrounds of each, whether the host 

family placement is a permanent or 

arrival placement, and facilitate and 

encourage the exchange of 

correspondence between the two. 

(3) In the event of unforeseen 

circumstances that necessitate a change 

of host family placement, the sponsor 

must document the reason(s) 

necessitating such change and provide 

the Department of State with an annual 

statistical summary reflecting the 

number and reason(s) for such change in 

host family placement in the program’s 

annual report. 

(m) Advertising and Marketing for the 

recruitment of host families. In addition 

to the requirements set forth in § 62.9 in 

advertising and promoting for host 

family recruiting, sponsors must: 

(1) Utilize only promotional materials 

that professionally, ethically, and 

accurately reflect the sponsor’s 

purposes, activities, and sponsorship; 

(2) Not publicize the need for host 

families via any public media with 

announcements, notices, 

advertisements, etc. that are not 

sufficiently in advance of the exchange 

student’s arrival, appeal to public pity 

or guilt, imply in any way that an 

exchange student will be denied 

participation if a host family is not 

found immediately, or identify photos 

of individual exchange students and 

include an appeal for an immediate 

family; 

(3) Not promote or recruit for their 

programs in any way that compromises 

the privacy, safety or security of 

participants, families, or schools. 

Specifically, sponsors shall not include 

personal student data or contact 

information (including addresses, phone 

numbers or email addresses) or 

photographs of the student on Web sites 

or in other promotional materials; and 

(4) Ensure that access to exchange 

student photographs and personally 

identifying information, either online or 

in print form, is only made available to 

potential host families who have been 

fully vetted and selected for program 

participation. Such information, if 

available online, must also be password 

protected. 

(n) Reporting requirements. Along 

with the annual report required by 

regulations set forth at § 62.15, sponsors 

must file with the Department of State 

the following information: 

(1) Sponsors must immediately report 

to the Department any incident or 

allegation involving the actual or 

alleged sexual exploitation or any other 

allegations of abuse or neglect of an 

exchange student. Sponsors must also 

report such allegations as required by 

local or state statute or regulation. 

Failure to report such incidents to the 

Department and, as required by state 

law or regulation, to local law 

enforcement authorities shall be 

grounds for the suspension and 

revocation of the sponsor’s Exchange 

Visitor Program designation; 

(2) A report of all final academic year 

and semester program participant 

placements by August 31 for the 

upcoming academic year or January 15 

for the Spring semester and calendar 

year. The report must be in the format 

directed by the Department and must 

include at a minimum, the exchange 

student’s full name, Form DS–2019 

number (SEVIS ID #), host family 

placement (current U.S. address), school 

(site of activity) address, the local 

coordinator’s name and zip code, and 

other information the Department may 

request; and 

(3) A report of all situations which 

resulted in the placement of an 

exchange student with more than one 

host family or in more than one school. 

The report must be in a format directed 

by the Department and include, at a 

minimum, the exchange student’s full 

name, Form DS–019 number (SEVIS ID 

#), host family placements (current U.S. 

address), schools (site of activity 

address), the reason for the change in 

placement, and the date of the move. 

This report is due by July 31 for the 

previous academic school year. 

A new Appendix F is added to Part 

62, as follows: 

Appendix F to Part 62—Information To 

Be Collected on Secondary School 

Student Host Family Applications 

Basic Family Information: 

a. Host Family Member—Full name and 

relationship (children and adults) either 

living full-time or part-time in the home or 

who frequently stay at the home) 

b. Date of Birth (DOB) of all family 

members 

c. Street Address 

d. Contact information (telephone; e-mail 

address) of host parents 

e. Employment—employer name, job title, 

and point of contact for each working 

resident of the home 

f. Is the residence the site of a functioning 

business? (e.g., daycare, farm) 

g. Description of each household member 

(e.g., level of education, profession, interests, 

community involvement, and relevant 

behavioral or other characteristics of such 

household members that could affect the 

successful integration of the exchange visitor 

into the household) 

h. Has any member of your household ever 

been charged with any crime? 

Household Pets: 

a. Number of Pets 

b. Type of Pets 

Financial Resources: 

a. Average Annual Income Range: Less 

than $25,000; $25,000–$35,000; $35,000– 

$45,000; $45,000–$55,000; $55,000–$65,000; 

$65,000–$75,000; and $75,000 and above. 

Note: The form must include a statement 

stating that: ‘‘The income data collected will 

be used solely for the purposes of ensuring 

that the basic needs of the exchange students 

can be met, including three quality meals and 

transportation to and from school activities’’ 

b. Describe if anyone residing in the home 

receives any kind of public assistance 

(financial needs-based government subsidies 

for food or housing) 

c. Identify those personal expenses 

expected to be covered by the student 

Diet: 

a. Does anyone in the family follow any 

dietary restrictions? (Y/N) 

If yes, describe: 

b. Do you expect the student to follow any 

dietary restrictions? (Y/N) 

If yes, describe: 

c. Would you feel comfortable hosting a 

student who follows a particular dietary 

restriction (ex. Vegetarian, Vegan, etc.)? (Y/N) 

d. Would the family provide three (3) 

square meals daily? 

High School Information: 

a. Name and address of school (private or 

public school) 

b. Name, address, e-mail and telephone 

number of school official 

c. Approximate size of the school student 

body 

d. Approximate distance between the 

school and your home 

e. Approximate start date of the school year 

f. How will the exchange student get to the 

school (e.g. bus, carpool, walk)? 

g. Would the family provide special 

transportation for extracurricular activities 

after school or in the evenings, if required? 

h. Which, if any, of your family’s children, 

presently attend the school in which the 

exchange visitor is enrolled? 

If applicable list sports/clubs/activities, if 

any, your child(ren) participate(s) in at the 

school 

i. Does any member of your household 

work for the high school in a coaching/ 

teaching/or administrative capacity? 

j. Has any member of your household had 

contact with a coach regarding the hosting of 

an exchange student with particular athletic 

ability? 

If yes, please describe the contact and 

sport. 

Community Information: 

a. In what type of community do you live 

(e.g.: Urban, Suburban, Rural, Farm) 

b. Population of community 

c. Nearest Major City (Distance and 

population) 

d. Nearest Airport (Distance) 

e. City or town website 

f. Briefly describe your neighborhood and 

community 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 65985 

g. What points of interest are near your 

area (parks, museums, historical sites)? 

h. Areas in or near neighborhood to be 

avoided? 

Home Description: 

a. Describe your type of home (e.g. single 

family home, condominium, duplex, 

apartment, mobile home) and include 

photographs of the host family home’s 

exterior and grounds, kitchen, student’s 

bedroom, student’s bathroom, and family and 

living areas. 

b. Describe Primary Rooms and Bedrooms 

c. Number of Bathrooms 

d. Will the exchange student share a 

bedroom? (Y/N) 

If yes, with which household resident? 

e. Describe the student’s bedroom 

f. Describe amenities to which the student 

has access 

g. Utilities 

Family Activities: 

a. Language spoken in home 

b. Please describe activities and/or sports 

each family member participates in: (e.g., 

camping, hiking, dance, crafts, debate, 

drama, art, music, reading, soccer, baseball, 

horseback riding) 

c. Describe your expectations regarding the 

responsibilities and behavior of the student 

while in your home (e.g., homework, 

household chores, curfew (school night and 

weekend), access to refrigerator and food, 

drinking of alcoholic beverages, driving, 

smoking, computer/Internet/E-Mail) 

Would you be willing voluntarily to inform 

the exchange visitor in advance of any 

religious affiliations of household members? 

(Y/N) 

Would any member of the household have 

difficulty hosting a student whose religious 

beliefs were different from their own? (Y/N) 

Note: A host family may want the exchange 

visitor to attend one or more religious 

services or programs with the family. The 

exchange visitor cannot be required to do so, 

but may decide to experience this facet of 

U.S. culture at his or her discretion. 

How did you learn about being a host 

family? 

References: 

Dated: October 21, 2010. 

Sally J. Lawrence, 

Director, Office of Designation, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2010–27200 Filed 10–26–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0901] 

RIN 1625–AA00 

Safety Zone: Epic Roasthouse Private 

Party Firework Display, San Francisco, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of San Francisco 

Bay 1,000 yards off Epic Roasthouse 

Restaurant, San Francisco, CA during a 

fireworks display in support of the Epic 

Roasthouse Private Party. This safety 

zone is established to ensure the safety 

of participants and spectators from the 

dangers associated with the 

pyrotechnics. Unauthorized persons and 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission from 

the Captain of the Port or her designated 

representative. 

DATES: This rule is effective from 10:45 

a.m. through 9:30 p.m. on November 5, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0901 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0901 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Liz Ellerson, 

U.S. Coast Guard Sector San Francisco; 

telephone 415–399–7436, e-mail D11- 

PF-MarineEvents@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that it 

would be impracticable to publish a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event would occur before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the pyrotechnics used in this 

fireworks display, the safety zone is 

necessary to provide for the safety of 

event participants, spectators, spectator 

craft, and other vessels transiting the 

event area. For the safety concerns 

noted, it is in the public interest to have 

these regulations in effect during the 

event. 

Basis and Purpose 

The Epic Roasthouse Private Party is 

scheduled to take place on November 5, 

2010, on the navigable waters of San 

Francisco Bay, 1,000 yards off Epic 

Roasthouse Restaurant, San Francisco, 

CA. The fireworks display is meant for 

entertainment purposes. This safety 

zone is issued to establish a temporary 

restricted area on the waters 

surrounding the fireworks launch site 

during loading of the pyrotechnics, and 

during the fireworks display. This 

restricted area around the launch site is 

necessary to protect spectators, vessels, 

and other property from the hazards 

associated with the pyrotechnics on the 

fireworks barges. The Coast Guard has 

granted the event sponsor a marine 

event permit for the fireworks display. 

Discussion of Rule 

During the set up of the fireworks and 

until the start of the fireworks display, 

the temporary safety zone applies to the 

navigable waters around the fireworks 

site within a radius of 100 feet. From 

8:45 p.m. until 9:30 p.m., the area to 

which the temporary safety zone applies 

will increase in size to encompass the 

navigable waters around the fireworks 

site within a radius of 1,000 feet. 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the fireworks site while the 

fireworks are set up, and until the 

conclusion of the scheduled display. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep spectators and 

vessels away from the immediate 

vicinity of the fireworks barge to ensure 


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