Professional Documents
Culture Documents
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48876 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
HUMAN SERVICES Families of political prisoners are not government; supporting United States
THE SECRETARY OF allowed to assemble or peacefully agriculture and protecting plant and
TRANSPORTATION protest the improper confinement of animal health; advancing the
THE SECRETARY OF HOMELAND their loved ones. Worshippers are understanding of the United States
SECURITY harassed, and free association by civil regarding scientific and environmental
THE DIRECTOR OF NATIONAL society organizations is blocked. The challenges; and facilitating safe civil
INTELLIGENCE right to speak freely, including through aviation.
THE DIRECTOR OF THE CENTRAL access to the Internet, is denied, and
INTELLIGENCE AGENCY there is no free press. The United States Sec. 3. Implementation.
THE CHAIRMAN OF THE JOINT condemns these abuses. The heads of departments and agencies
CHIEFS OF STAFF The initial actions set forth in this shall begin to implement the policy set
THE ASSISTANT TO THE memorandum, including restricting forth in section 2 of this memorandum
PRESIDENT AND CHIEF OF STAFF certain financial transactions and travel, as follows:
THE DIRECTOR OF THE OFFICE OF encourage the Cuban government to (a) Within 30 days of the date of this
MANAGEMENT AND BUDGET address these abuses. My memorandum, the Secretary of the
THE ASSISTANT TO THE Administration will continue to Treasury and the Secretary of
PRESIDENT FOR NATIONAL evaluate its policies so as to improve Commerce, as appropriate and in
SECURITY AFFAIRS human rights, encourage the rule of law, coordination with the Secretary of State
THE ASSISTANT TO THE foster free markets and free enterprise, and the Secretary of Transportation,
PRESIDENT FOR HOMELAND and promote democracy in Cuba. shall initiate a process to adjust current
SECURITY AND
Sec. 2. Policy. regulations regarding transactions with
COUNTERTERRORISM
It shall be the policy of the executive Cuba.
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE branch to: (i) As part of the regulatory changes
PRESIDENT FOR ECONOMIC described in this subsection, the
(a) End economic practices that
AFFAIRS Secretary of State shall identify the
disproportionately benefit the Cuban
THE UNITED STATES TRADE entities or subentities, as appropriate,
government or its military, intelligence,
REPRESENTATIVE that are under the control of, or act for
or security agencies or personnel at the
THE DIRECTOR OF THE OFFICE OF or on behalf of, the Cuban military,
expense of the Cuban people.
SCIENCE AND TECHNOLOGY (b) Ensure adherence to the statutory intelligence, or security services or
POLICY ban on tourism to Cuba. personnel (such as Grupo de
THE REPRESENTATIVE OF THE (c) Support the economic embargo of Administracion Empresarial S.A.
UNITED STATES TO THE UNITED Cuba described in section 4(7) of the (GAESA), its affiliates, subsidiaries, and
NATIONS Cuban Liberty and Democratic successors), and publish a list of those
THE ADMINISTRATOR OF THE Solidarity (LIBERTAD) Act of 1996 (the identified entities and subentities with
SMALL BUSINESS embargo), including by opposing which direct financial transactions
ADMINISTRATION measures that call for an end to the would disproportionately benefit such
THE ADMINISTRATOR OF THE embargo at the United Nations and other services or personnel at the expense of
UNITED STATES AGENCY FOR international forums and through the Cuban people or private enterprise
INTERNATIONAL DEVELOPMENT regular reporting on whether the in Cuba.
THE DIRECTOR OF THE OFFICE OF conditions of a transition government (ii) Except as provided in subsection
PERSONNEL MANAGEMENT exist in Cuba. (a)(iii) of this section, the regulatory
(d) Amplify efforts to support the changes described in this subsection
Section 1. Purpose. shall prohibit direct financial
Cuban people through the expansion of
The United States recognizes the need internet services, free press, free transactions with those entities or
for more freedom and democracy, enterprise, free association, and lawful subentities on the list published
improved respect for human rights, and travel. pursuant to subsection (a)(i) of this
increased free enterprise in Cuba. The (e) Not reinstate the ‘‘Wet Foot, Dry section.
Cuban people have long suffered under Foot’’ policy, which encouraged untold (iii) The regulatory changes shall not
a Communist regime that suppresses thousands of Cuban nationals to risk prohibit transactions that the Secretary
their legitimate aspirations for freedom their lives to travel unlawfully to the of the Treasury or the Secretary of
and prosperity and fails to respect their United States. Commerce, in coordination with the
essential human dignity. (f) Ensure that engagement between Secretary of State, determines are
My Administration’s policy will be the United States and Cuba advances consistent with the policy set forth in
guided by the national security and the interests of the United States and the section 2 of this memorandum and:
foreign policy interests of the United Cuban people. These interests include: (A) concern Federal Government
States, as well as solidarity with the advancing Cuban human rights; operations, including Naval Station
Cuban people. I will seek to promote a encouraging the growth of a Cuban Guantanamo Bay and the United States
stable, prosperous, and free country for private sector independent of mission in Havana;
the Cuban people. To that end, we must government control; enforcing final (B) support programs to build
channel funds toward the Cuban people orders of removal against Cuban democracy in Cuba;
nationals in the United States; (C) concern air and sea operations that
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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48877
(F) support the sale of agricultural that travelers are complying with President on issues related to fugitives
commodities, medicines, and medical relevant statutes and regulations. The from American justice living in Cuba or
devices sold to Cuba consistent with the Secretary of the Treasury shall request being harbored by the Cuban
Trade Sanctions Reform and Export that the Inspector General of the government.
Enhancement Act of 2000 (22 U.S.C. Department of the Treasury inspect the (h) The Secretary of State and the
7201 et seq.) and the Cuban Democracy activities taken by the Department of the Administrator of the United States
Act of 2002 (22 U.S.C. 6001 et seq.); Treasury to implement this audit Agency for International Development
(G) relate to sending, processing, or requirement. The Inspector General of shall review all democracy development
receiving authorized remittances; the Department of the Treasury shall programs of the Federal Government in
(H) otherwise further the national provide a report to the President, Cuba to ensure that they align with the
security or foreign policy interests of the through the Secretary of the Treasury, criteria set forth in section 109(a) of the
United States; or summarizing the results of that LIBERTAD Act.
(I) are required by law. inspection within 180 days of the (i) The Secretary of State shall
(b) Within 30 days of the date of this adjustment of current regulations convene a task force, composed of
memorandum, the Secretary of the described in subsection (b) of this relevant departments and agencies,
Treasury, in coordination with the section and annually thereafter. including the Office of Cuba
Secretary of State, shall initiate a (d) The Secretary of the Treasury shall Broadcasting, and appropriate non-
process to adjust current regulations to adjust the Department of the Treasury’s governmental organizations and private-
ensure adherence to the statutory ban on current regulation defining the term sector entities, to examine the
tourism to Cuba. ‘‘prohibited officials of the Government technological challenges and
(i) The amended regulations shall of Cuba’’ so that, for purposes of title 31, opportunities for expanding internet
require that educational travel be for part 515 of the Code of Federal access in Cuba, including through
legitimate educational purposes. Except Regulations, it includes Ministers and Federal Government support of
for educational travel that was Vice-Ministers, members of the Council programs and activities that encourage
permitted by regulation in effect on of State and the Council of Ministers; freedom of expression through
January 27, 2011, all educational travel members and employees of the National independent media and internet
shall be under the auspices of an Assembly of People’s Power; members freedom so that the Cuban people can
organization subject to the jurisdiction of any provincial assembly; local sector enjoy the free and unregulated flow of
of the United States, and all such chiefs of the Committees for the Defense information.
travelers must be accompanied by a of the Revolution; Director Generals and
(j) The Secretary of State and the
representative of the sponsoring sub-Director Generals and higher of all
Secretary of Homeland Security shall
organization. Cuban ministries and state agencies;
(ii) The regulations shall further continue to discourage dangerous,
employees of the Ministry of the Interior
require that those traveling for the unlawful migration that puts Cuban and
(MININT); employees of the Ministry of
permissible purposes of non academic Defense (MINFAR); secretaries and first American lives at risk. The Secretary of
education or to provide support for the secretaries of the Confederation of Labor Defense shall continue to provide
Cuban people: of Cuba (CTC) and its component support, as necessary, to the Department
(A) engage in a full-time schedule of unions; chief editors, editors, and of State and the Department of
activities that enhance contact with the deputy editors of Cuban state-run media Homeland Security in carrying out the
Cuban people, support civil society in organizations and programs, including duties regarding interdiction of
Cuba, or promote the Cuban people’s newspapers, television, and radio; and migrants.
independence from Cuban authorities; members and employees of the Supreme (k) The Secretary of State, in
and Court (Tribuno Supremo Nacional). coordination with the Secretary of the
(B) meaningfully interact with (e) The Secretary of State and the Treasury, the Secretary of Defense, the
individuals in Cuba. Representative of the United States to Attorney General, the Secretary of
(iii) The regulations shall continue to the United Nations shall oppose efforts Commerce, and the Secretary of
provide that every person engaging in at the United Nations or (with respect to Homeland Security, shall annually
travel to Cuba shall keep full and the Secretary of State) any other report to the President regarding the
accurate records of all transactions international forum to lift the embargo engagement of the United States with
related to authorized travel, regardless until a transition government in Cuba, Cuba to ensure that engagement is
of whether they were effected pursuant as described in section 205 of the advancing the interests of the United
to license or otherwise, and such LIBERTAD Act, exists. States.
records shall be available for (f) The Secretary of State, in (l) All activities conducted pursuant
examination by the Department of the coordination with the Attorney General, to subsections (a) through (k) of this
Treasury for at least 5 years after the shall provide a report to the President section shall be carried out in a manner
date they occur. assessing whether and to what degree that furthers the interests of the United
(iv) The Secretary of State, the the Cuban government has satisfied the States, including by appropriately
Secretary of the Treasury, the Secretary requirements of a transition government protecting sensitive sources, methods,
of Commerce, and the Secretary of as described in section 205(a) of the and operations of the Federal
Transportation shall review their LIBERTAD Act, taking into account the Government.
agency’s enforcement of all categories of additional factors listed in section
Sec. 4. Earlier Presidential Actions.
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permissible travel within 90 days of the 205(b) of that Act. This report shall
date the regulations described in this include a review of human rights abuses (a) This memorandum supersedes and
subsection are finalized to ensure such committed against the Cuban people, replaces both National Security
enforcement accords with the policies such as unlawful detentions, arbitrary Presidential Directive-52 of June 28,
outlined in section 2 of this arrests, and inhumane treatment. 2007, U.S. Policy toward Cuba, and
memorandum. (g) The Attorney General shall, within Presidential Policy Directive-43 of
(c) The Secretary of the Treasury shall 90 days of the date of this October 14, 2016, United States-Cuba
regularly audit travel to Cuba to ensure memorandum, issue a report to the Normalization.
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48878 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
(b) This memorandum does not affect served Aug. 20, 2004).1 On September By the Board, Scott M. Zimmerman, Acting
either Executive Order 12807 of May 24, 11, 2017, CKIN and the Town entered Director, Office of Proceedings.
1992, Interdiction of Illegal Aliens, or into a new 10-year agreement for CKIN Marline Simeon,
Executive Order 13276 of November 15, to continue to operate over the Line.2 Clearance Clerk.
2002, Delegation of Responsibilities CKIN states that the amended operating [FR Doc. 2017–22817 Filed 10–19–17; 8:45 am]
Concerning Undocumented Aliens agreement will take effect on the BILLING CODE 4915–01–P
Interdicted or Intercepted in the effective date of this notice of
Caribbean Region. exemption.
Sec. 5. General Provisions. CKIN certifies that its projected DEPARTMENT OF TRANSPORTATION
annual revenues as a result of this
(a) Nothing in this memorandum shall transaction will not result in the Federal Highway Administration
be construed to impair or otherwise creation of a Class I or Class II rail
affect: [FHWA Docket No. FHWA–2017–0007]
carrier and will not exceed $5 million.
(i) the authority granted by law to an CKIN also states that there are no Fixing America’s Surface
executive department or agency, or the provisions or agreements limiting Transportation (FAST) Act; Solicitation
head thereof; or interchange with other carriers. for Candidate Projects in the Interstate
(ii) the functions of the Director of the The transaction may be consummated System Reconstruction and
Office of Management and Budget on or after November 4, 2017, the Rehabilitation Pilot Program (ISRRPP)
relating to budgetary, administrative, or effective date of the exemption (30 days
legislative proposals. after the verified notice of exemption AGENCY: Federal Highway
(b) This memorandum shall be was filed). Administration (FHWA), Department of
implemented consistent with applicable If the verified notice contains false or Transportation (DOT).
laws and subject to the availability of misleading information, the exemption ACTION: Notice; solicitation for
appropriations. is void ab initio. Petitions to revoke the applications.
(c) This memorandum is not intended exemption under 49 U.S.C. 10502(d)
to, and does not, create any right or SUMMARY: The FHWA invites State
may be filed at any time. The filing of
benefit, substantive or procedural, transportation departments to submit
a petition to revoke will not
enforceable at law or in equity by any applications for candidate projects in
automatically stay the effectiveness of
party against the United States, its the Interstate System Reconstruction
the exemption. Petitions for stay must
departments, agencies, or entities, its and Rehabilitation Pilot Program
be filed no later than October 27, 2017
officers, employees, or agents, or any (ISRRPP), authorized in the
(at least seven days before the
other person. Transportation Equity Act for the 21st
exemption becomes effective).
(d) The Secretary of State is hereby Century and amended by the Fixing
An original and 10 copies of all America’s Surface Transportation
authorized and directed to publish this pleadings, referring to Docket No. FD
memorandum in the Federal Register. (FAST) Act. Under the ISRRPP, FHWA
36147, must be filed with the Surface may permit up to three States to collect
Donald J. Trump Transportation Board, 395 E Street SW., tolls on a facility on the Interstate
[FR Doc. 2017–22928 Filed 10–19–17; 8:45 am] Washington, DC 20423–0001. In System for the purpose of reconstructing
BILLING CODE 4710–10–P addition, a copy of each pleading must or rehabilitating Interstate highway
be served on applicant’s representative, corridors that could not otherwise be
John D. Heffner, Strasburger & Price, adequately maintained or functionally
LLP, 1025 Connecticut Avenue NW., improved without the collection of tolls.
SURFACE TRANSPORTATION BOARD Suite 717, Washington, DC 20036. This notice describes general program
According to CKIN, this action is provisions, eligibility and selection
[Docket No. FD 36147] categorically excluded from criteria, and the application submission
environmental review under 49 CFR and evaluation process.
Chesapeake and Indiana Railroad 1105.6(c).
DATES: Applications are due to FHWA
Company—Amended Operation Board decisions and notices are Division Offices by February 20, 2018.
Exemption—Town of North Judson, available on our Web site at The FHWA will review these
Ind. WWW.STB.GOV. submissions and award up to three
Chesapeake and Indiana Railroad Decided: October 17, 2017. provisional approvals to States that will
Company (CKIN), a Class III rail carrier, be expected to fully satisfy the ISRRPP
has filed a verified notice of exemption 1 CKIN states that it was selected by the Town to criteria within 3 years. Should FHWA
under 49 CFR 1150.41 to continue to operate the Line pursuant to an Operating award fewer than three provisional
Agreement executed on July 31, 2004, and expiring
operate an approximately 27.92-mile on December 31, 2015. Subsequently, the parties
approvals, it will re-solicit for
line of railroad owned by the Town of extended the operating agreement, first until May applications at a future date.
North Judson, Ind. (Town). The rail line 15, 2016, and later until August 15, 2016. During The FHWA will conduct an
extends between milepost CF 0.23, at these extensions, CKIN initiated litigation in state information session regarding the
court and brought a petition before the Board that ISRRPP in the form of a Webinar on
Lacrosse, and milepost CF 15.23, at was later denied. See CSX Transp., Inc.—Aban.
Wellsboro, and between milepost CI Exemption—in LaPorte, Porter, & Starke Ctys., Ind., November 13, 2017 at 2:00 p.m., e.t. For
218.0, at English Lake, and milepost CI AB 55 (Sub-No. 643X) et al. (STB served May 31, more information, please visit: https://
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230.92, at Malden, in LaPorte, Porter, 2017). Ultimately, the parties reached a mutually www.fhwa.dot.gov/ipd/revenue/road_
satisfactory settlement. See CSX Transp., Inc.— pricing/tolling_pricing/interstate_
and Starke Counties, Ind. (the Line). Aban. Exemption—in LaPorte, Porter, & Starke
According to CKIN, the Board Ctys., Ind., AB 55 (Sub-No. 643X) et al. (STB served rr.aspx.
originally authorized CKIN’s operation Oct. 2, 2017). FOR FURTHER INFORMATION CONTACT: For
2 CKIN states that the parties’ operating agreement
of the Line in 2004. See Chesapeake & questions about the pilot program: Ms.
is automatically renewable at CKIN’s option for two
Ind. R.R.—Operation Exemption—Town additional five-year terms, for a total occupancy of Cynthia Essenmacher, Center for
of N. Judson, Ind., FD 34529 (STB 20 years. Innovative Finance Support, Office of
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