Rule2021-19746
Exchange Visitor Program-Sanctions; Notifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 14, 2021
Effective
October 14, 2021
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 50993-50994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19746]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 /
Rules and Regulations
[[Page 50993]]
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 11538]
RIN 1400-AF38
Exchange Visitor Program--Sanctions; Notifications
AGENCY: U.S. Department of State.
ACTION: Final rule.
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SUMMARY: 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.
DATES: This regulation is effective on October 14, 2021.
FOR FURTHER INFORMATION CONTACT: 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:
<a href="/cdn-cgi/l/email-protection#48020d302b2029262f2d3b083b3c293c2d662f273e"><span class="__cf_email__" data-cfemail="58121d203b3039363f3d2b182b2c392c3d763f372e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 thereof.
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 necessary.
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
Governments
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.
[[Page 50994]]
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--Federalism
The Department finds that this regulation does not have sufficient
federalism implications to require consultations or warrant the
preparation of a federalism summary impact statement.
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
requirements.
For reasons stated in the preamble, the State Department amends 22
CFR part 62 as follows:
PART 62--EXCHANGE VISITOR PROGRAM
0
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.
0
2. Revise Sec. 62.50(j)(2) to read as follows:
Sec. 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]
BILLING CODE 4710-05-P
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