Exchange Visitor Program-Sanctions; Notifications

CourtState Department
Citation86 FR 50993
Record Number2021-19746
Publication Date14 Sep 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations Federal Register
Vol. 86, No. 175
Tuesday, September 14, 2021
22 CFR Part 62
[Public Notice: 11538]
RIN 1400–AF38
Exchange Visitor Program—Sanctions;
: U.S. Department of State.
: Final rule.
: The U.S. Department of State
(Department) is amending existing
Exchange Visitor Program regulations
governing the manner in which the
Department may accomplish service of
a notice to a sponsor that is the subject
of a sanction action, to include
electronic mail (email) as an acceptable
method of providing written notice.
: This regulation is effective on
October 14, 2021.
: G.
Kevin Saba, Director, Office of Policy
and Program Support, Private Sector
Exchange Directorate, Bureau of
Educational and Cultural Affairs, U.S.
Department of State, SA–4E, 2200 C
Street NW, Washington, DC 20522–
0505. Email:
: The
Department oversees the Exchange
Visitor Program, a federal educational
and cultural exchange program, in
accordance with its authorizing statute,
the Mutual Educational and Cultural
Exchange Act of 1961 (Fulbright-Hays
Act, 22 U.S.C. 2451, et seq.). The
Department, which facilitates these
programs to further the foreign policy
objectives of the United States,
determines the suitability of public and
private entities to be ‘‘designated
sponsors’’ to conduct individual
exchange programs. When the
Department suspects that designated
sponsors have violated the Exchange
Visitor Program regulations set forth in
22 CFR part 62, it may initiate sanction
actions pursuant to the sanction
provisions set forth in Subpart D
In this rulemaking, the Department
amends the current regulatory provision
governing the service of written notice
to designated sponsors by adding
electronic mail to the list of acceptable
means of providing such service.
Current regulations limit service to three
methods enumerated in 22 CFR
62.50(j)(2), i.e., delivery, mail, or
facsimile. Despite advances in
technology and standard business
procedures, the regulations have not
expanded this list for more than 30
years. In 2008, the ‘‘portable document
format’’ (PDF) became an open file
format standard. Using email with PDF
attachments became a preferred means
of transmitting documents because it is
readily available, paperless, reliable,
virtually without cost, does not require
a land-line telephone connection or a
fax machine, can be remotely accessed,
and offers privacy not available on fax
machines situated in public locations
within an office suite. Most designated
sponsors submit documents to the
Department by attaching PDF files to
email messages.
As part of the designation and
redesignation application process, a
sponsor must provide the Department
the email addresses of its Responsible
Officer and all Alternate Responsible
Officers to facilitate communications
between the Department and the
sponsor organization. Sponsors must
report changes in these email addresses
to the Department within ten days (22
CFR 62.13(c)(1)). These emails will be
used by the Department to serve written
notice of sanctions to sponsors by
electronic means. The Department’s
service of sanction emails will include
an automatic delivery notification back
to the Department.
The Department is issuing this simple
regulatory clarification as a final rule
since it expands the methods by which
it can serve written notice in sanction
actions, without eliminating any of the
current options.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is issuing this
rulemaking as a final rule, pursuant to
5 U.S.C. 553(b), as a rule of agency
procedure or practice. In this
rulemaking, the Department is adding a
mechanism for providing documents to
sponsors but is not removing any
avenues of communication or imposing
any costs. For this reason, the
Department believes that notice and
public comment thereon are not
Congressional Review Act
This regulation is not a major rule as
defined by 5 U.S.C. 804. This rule will
not result in an annual effect on the
economy of $100 million or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of U.S.-based companies to
compete with foreign-based companies
in domestic and export markets.
Unfunded Mandates Reform Act of 1995
This regulation will not result in the
expenditure by State, local or tribal
governments, in the aggregate, or by the
private sector, of $100 million in any
year, and it will not significantly or
uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1501 et seq.).
Executive Order 13175—Consultation
and Coordination With Indian Tribal
The Department has determined that
this regulation will not have tribal
implications; will not impose
substantial direct compliance costs on
Indian tribal governments; and will not
preempt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Regulatory Flexibility Act: Small
Business Impacts
Since this rule is exempt from section
553 (Rulemaking) and section 554
(Adjudications) of the Administrative
Procedure Act, this rule is not subject to
the Regulatory Flexibility Act (5 U.S.C.
601 et seq. (1980)).
Executive Orders 12866 and 13563
The Department believes that the
benefits of this rulemaking outweigh
any costs, which are negligible for the
public and program sponsors. The
Office of Information and Regulatory
Affairs has determined that this is a
non-significant rule under Executive
Order 12866.
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
Executive Order 12988
The Department has reviewed this
rulemaking 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 burdens.
Executive Orders 12372 and 13132—
The Department finds that this
regulation does not have sufficient
federalism implications to require
consultations or warrant the preparation
of a federalism summary impact
Paperwork Reduction Act
This rulemaking does not create or
affect any information collection that is
subject to 44 U.S.C. chapter 35.
List of Subjects in 22 CFR Part 62
Cultural exchange programs,
Reporting and recordkeeping
For reasons stated in the preamble,
the State Department amends 22 CFR
part 62 as follows:
1. The Authority citation for part 62
continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182,
1184, 1258; 22 U.S.C. 1431 et seq.; 22 U.S.C.
2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C.
6531–6553; Reorganization Plan No. 2 of
1977, 42 FR 62461, 3 CFR, 1977 Comp. p.
200; E.O. 12048, 43 FR 13361, 3 CFR, 1978
Comp., p. 168; 8 U.S.C. 1372; section 416 of
Pub. L. 107–56, 115 Stat. 354 (8 U.S.C. 1372
note); and 8 U.S.C. 1761–1762.
2. Revise § 62.50(j)(2) to read as
§ 62.50 Sanctions.
* * * * *
(j) * * *
(2) Service of notice to sponsor.
Service of notice to a sponsor pursuant
to this section may be accomplished
through written notice by mail, delivery,
electronic mail, or facsimile, upon the
president, chief executive officer,
managing director, General Counsel,
Responsible Officer, or Alternate
Responsible Officer of the sponsor.
Zachary A. Parker,
Director, Office of Directives Management,
Department of State.
[FR Doc. 2021–19746 Filed 9–13–21; 8:45 am]
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0622]
RIN 1625–AA08
Special Local Regulations; Roar on the
River, Detroit River, Wyandotte, MI
: Coast Guard, DHS.
: Temporary final rule.
: The Coast Guard is
establishing a special local regulation
for certain waters of the Detroit River,
Wyandotte, MI. This action is necessary
to protect safety of life on navigable
waters immediately prior to, during, and
after the Roar on the River power boat
race. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Detroit or a designated
: This regulation is effective from
11 a.m. through 1 p.m. on September 25,
: To view documents
mentioned in this preamble as being
available in the docket, go to https://, type USCG–2021–
0622 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
: If
you have questions on this rule, call or
email Ms. Tracy Girard, Waterways
Management Division, Sector Detroit,
U.S. Coast Guard; telephone (313) 568–
9564, email
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because we
must establish this special local
regulation by September 25, 2021.
Delaying the effective date of this
regulation for a comment period to run
would be contrary to the public interest
and impractical because it would inhibit
the Coast Guard’s ability to protect
spectators and vessels from the potential
safety hazards associated with a power
boat race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with the Roar on the River
Powerboat Race on September 25, 2021,
will be a safety concern for anyone
navigating within the Trenton Channel
in the Detroit River.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 11 a.m.
through 1 p.m. on September 25, 2021.
In light of the aforementioned hazards,
the COTP has determined that a special
local regulation is necessary to protect
spectators, vessels, and participants.
The special local regulation will
encompass the following waterway: All
waters of the Detroit River encompassed
within the following four points: From
point 42°14.160N, 083°08.580W (NAD
83); a line drawn south to point
42°14.140N, 083°08.400W (NAD 83);
a line drawn east to position
42°14.1407N, 083°08.280W (NAD
83); a line drawn north to position
42°14.0407N, 083°08.460W (NAD
83); a line drawn west to point
42°14.160N, 083°08.580W (NAD 83).
The COTP or a designated on-scene
representative will notify the public of
the enforcement of this rule by all
appropriate means, including a
Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
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