Availability of Public Diplomacy Program Material Within the United States, 22016-22018 [2014-09022]
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
the device can be safely scanned, and a
mechanism for a healthcare provider to
obtain detailed information about
magnetic resonance safety and
compatibility if needed.
Dated: April 15, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–08940 Filed 4–18–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF STATE
22 CFR Part 173
[Public Notice 8703]
RIN 1400–AD50
Availability of Public Diplomacy
Program Material Within the United
States
Department of State.
Interim final rule with request
for comments.
AGENCY:
ACTION:
The Department of State
(‘‘Department’’) is amending its
regulations to implement Section 1078
of the National Defense Authorization
Act of 2013. This statutory provision,
which entered into effect on July 2,
2013, amends previous law to allow the
Department and the Broadcasting Board
of Governors (‘‘BBG’’) to make public
diplomacy program material available
within the United States, upon request,
following the dissemination of such
material abroad, and requires the
Department to issue regulations
implementing this change.
DATES: This interim final rule will
become April 21, 2014. The Department
will accept comments on the interim
final rule from the public until June 20,
2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Online: Persons with access to the
Internet may view this rule and provide
comments by going to the
regulations.gov Web site at: https://
www.regulations.gov.
• Mail (paper, disk, or CD–ROM
submission): Director, Office of Policy
and Outreach, Bureau of International
Information Programs, U.S. Department
of State, State Annex 5 (SA–5), Floor 5,
2200 C Street NW., Washington, DC
20522–0505.
• Email: IIP_Inquiries@state.gov. You
must include the RIN (1400–AD50) in
the subject line of your message.
Inspection of Public Comments: All
comments received before the close of
the comment period will be available for
public inspection, including any
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SUMMARY:
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Jkt 232001
personally identifiable or confidential
business or financial information that is
included in a comment. The Department
of State will post all comments received
before the close of the comment period
at https://www.regulations.gov. You may
search on the RIN for this rule, 1400–
AD50.
FOR FURTHER INFORMATION CONTACT: Kim
DeBlauw, Director, Office of Policy and
Outreach, Bureau of International
Information Programs, U.S. Department
of State, SA–5, Floor 5, 2200 C Street
NW., Washington, DC 20522–0505;
phone: (202) 632–9938; fax (202) 632–
9901.
SUPPLEMENTARY INFORMATION:
Executive Summary
Section 1078 of the National Defense
Authorization Act for Fiscal Year 2013,
Public Law 112–239 (‘‘NDAA’’), which
entered into effect on July 2, 2013,
amends and clarifies, respectively,
section 501 of the United States
Information and Educational Exchange
Act of 1948, as amended (22 U.S.C.
1461; ‘‘the Smith-Mundt Act’’) (‘‘Section
501’’), governing the domestic
distribution of certain information about
the United States, its people, and
policies (‘‘Program Material’’) prepared
for dissemination abroad; and section
208 of the Foreign Relations
Authorization Act, Fiscal Years 1986
and 1987 (22 U.S.C. 1461–1a) (‘‘Section
208’’), governing the creation of such
material for the purpose of influencing
domestic public opinion.
The revised Section 501 authorizes
the use of public diplomacy funds for
the preparation, dissemination and use
of Program Material ‘‘intended for
foreign audiences abroad.’’ With respect
to Program Material disseminated
abroad on or after July 2, the
Department and/or the BBG may, upon
request, make such material available
within the United States, and both the
Department and BBG must issue
necessary regulations to establish
procedures to maintain such material,
for reimbursement of reasonable costs
incurred in fulfilling requests for such
material, and to ensure that persons
seeking the release of such material
have secured and paid for necessary
U.S. rights and licenses. (The BBG
published its interim final rule on July
2, 2013, with a final rule published on
November 8, 2013 (78 FR 67025).)
The mission of U.S. public diplomacy
is to support the achievement of U.S.
foreign policy goals and objectives,
advance national interests, and enhance
national security by informing and
influencing foreign publics, and by
expanding and strengthening the
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relationship between the people and
Government of the United States and
citizens of the rest of the world. Public
diplomacy outreach includes
communications with foreign audiences
abroad through Program Material
prepared with, and efforts supported by,
funds appropriated or otherwise made
available for this purpose. Prior to the
2013 NDAA, such material could not be
disseminated within the United States
but could be available at the Department
following its release abroad, upon
request, for examination only to limited
categories of requesters (i.e.,
representatives of U.S. press
associations, newspapers, magazines;
research students and scholars;
Members of Congress).
Regulatory Analysis
Administrative Procedure Act
The Department is of the opinion that
this rulemaking is exempt from the
notice-and-comment provisions of 5
U.S.C. 553 under the good cause
exception of 5 U.S.C. 553(b). There is
good cause under 5 U.S.C. 553(b)(B) and
(d)(3) to have this rule effective at the
time of publication. Because one of the
purposes of this rule and the law
underlying this rule is to allow
information dissemination outside of
the Freedom of Information Act for
Program Material, and because of the
already-past effective date of the law,
the intent of the law would be frustrated
if the Department could not begin
implementing this rule and responding
to domestic requests for Program
Material as soon as possible.
Accordingly, the Department finds that
normal public rulemaking procedures
are impracticable and unnecessary, and
that there is good cause under 5 U.S.C.
553(b)(B) and (d)(3) to exempt this rule
from public rulemaking procedures and
to implement this rule upon
publication. Without prejudice to the
Department’s determination that there is
good cause to exempt this rule from
public rulemaking procedures, in the
interests of transparency and public
participation, the Department is
publishing this rule as an interim final
rule with a 60-day provision for public
comment.
Furthermore, because this is a
substantive rule that relieves restrictions
imposed by previous versions of 22
U.S.C. 1461 and 1461–1a, the
Department may implement this rule at
the time of publication under 5 U.S.C.
553(d)(1). This rule does not require or
prompt the public to take any action;
rather, it functions to relieve the
prohibition that prevented the
Department from responding to requests
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
for Program Material from the U.S.
public, U.S. media entities, or other U.S.
organizations. This rule benefits the
public, media, and other organizations
by allowing them to request and access
the Department’s Program Material,
which previously could not be
disseminated within the United States.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rulemaking 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. This rulemaking 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
the ability of United States-based
companies to compete in domestic and
export markets.
Unfunded Mandates Reform Act of 1995
This rulemaking 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 Executive Order 13175
do not apply to this rulemaking.
mstockstill on DSK4VPTVN1PROD with RULES
Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Department hereby certifies that
these regulatory changes will not have
a significant impact upon small
businesses.
Executive Order 13563 and Executive
Order 12866
The Department is publishing this
rulemaking in response to a statutory
requirement that will make more
information available to the public;
therefore, the benefits of the rulemaking
outweigh any costs. The Department
does not consider this rulemaking to be
a ‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, as
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amended by Executive Order 13563.
The Department has reviewed this
rulemaking to ensure its consistency
with the regulatory philosophy and
principles set forth in the Executive
Orders.
Executive Order 12988
The Department has reviewed this
rulemaking in light of sections 3(a) and
(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Executive Orders 12372 and 13132
This rulemaking will not have a
substantial direct effect on the states, on
the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rulemaking does not have sufficient
federalism implications to require
consultations or warrant the preparation
of a federalism summary impact
statement. Executive Order 12372,
regarding intergovernmental
consultation on federal programs and
activities, does not apply to this
rulemaking.
Paperwork Reduction Act
This rulemaking contains no new
information collections subject to the
Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
List of Subjects in 22 CFR Part 173
Broadcasting, Communications,
Education, Foreign relations, Freedom
of information, Information,
Publications, Records, Radio.
Accordingly, 22 CFR chapter I,
subchapter R, is amended by adding a
new part 173 as follows:
PART 173—AVAILABILITY OF PUBLIC
DIPLOMACY PROGRAM MATERIAL IN
THE UNITED STATES
Sec.
173.1
173.2
173.3
173.4
173.5
Purpose and scope.
Definitions.
Availability of program material.
Terms of use and other compliance.
Fees.
Authority: the United States Information
and Educational Exchange Act of 1948, as
amended (22 U.S.C. 1461, et seq.); Section
1078 of the National Defense Authorization
Act for Fiscal Year 2013, Pub. L. 112–239.
§ 173.1
Purpose and scope.
This part contains the rules that the
Department follows for responding to
requests for the release within the
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22017
United States of public diplomacy
program material generated pursuant to
the U.S. Information and Educational
Exchange Act of 1948, as amended (22
U.S.C. 1431, et seq.; ‘‘the Smith-Mundt
Act’’). It is the Department’s policy to
make its program material available on
its public Web site or via third-party
platforms whenever doing so is
consistent with the Department’s
mission and all statutory authorities,
prohibitions, contractual obligations,
principles, and standards. Requests for
program material that is not available on
the Department’s public Web site or via
third-party platforms must be submitted
under the Freedom of Information Act
(the ‘‘FOIA’’) pursuant to the FOIA
provisions of 22 CFR part 171, subpart
B.
§ 173.2
Definitions.
For the purposes of this part,
(a) Program material shall mean
information about the United States, its
people and policies, intended for
foreign audiences abroad, that the
Department prepares or assists in
preparing using public diplomacy funds
and disseminates to foreign audiences
outside of the United States pursuant to
the Smith-Mundt Act and Section 208 of
the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (22 U.S.C.
1461–1a), as amended. Program Material
includes, but is not limited to,
electronic journals, pamphlets, books,
maps, posters, videos, presentations,
photos, games, curricula and other
teaching materials, and certain social
media and web-based interactive
technology content produced in
Washington, DC, as well as such
materials and content produced at U.S.
embassies abroad.
(b) Request shall mean any attempt to
access the Department’s Program
Material, including through the
Department’s public Web sites and
third-party platforms, or through a
direct inquiry to a Department official in
connection with a speech or other
engagement.
(c) Requester shall mean any private
person or entity that requests that the
Department make Program Material
available within the United States.
§ 173.3
Availability of program material.
(a) The Department makes Program
Material available to Requesters
electronically through Department Web
sites and/or various third-party
platforms, where such material has been
disseminated to audiences abroad. Once
Program Material is published, it
remains available in digital format until
removed or archived by the Department
at its discretion (see paragraph (c) of this
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
section). For access to such Program
Material, Requesters may visit
www.state.gov/r.
(b) As a general matter, Program
Material published both electronically
and in hard copy will be made available
electronically through Department Web
sites and/or various third-party
platforms, although the Department
reserves the right to make Program
Material available in hard copy at its
sole discretion. To the extent a
Requester seeks Program Material that is
not made available online through
Department Web sites or third-party
platforms, such material must be
requested under the FOIA pursuant to
the procedures outlined at 22 CFR part
171, Subpart B.
(c) The Department will remove
Program Material from Department and
third-party Web sites when it deems
such material no longer relevant to the
Department’s public diplomacy mission.
The Department will also remove
Program Material when required by
licensing agreements with third-party
copyright holders. To the extent a
Requester seeks Program Material that
has been removed for whatever reason,
such material must be requested under
the FOIA pursuant to the procedures
outlined at 22 CFR part 171, Subpart B.
(d) Once Program Material has been
removed from the Department’s Web
site or third-party platforms, a
determination will be made as to
whether it is a permanent Department
record under the Department’s
applicable Records Disposition
Schedule (‘‘RDS’’). Permanent records
will be transferred in their entirety to
the National Archives and Records
Administration (‘‘NARA’’) according to
the RDS; see 36 CFR 1256.98 for
information about how to request
Department Program Material that has
been transferred to NARA. Material
designated as ‘‘temporary’’ under the
applicable RDS will be destroyed once
it has been removed from the
Department or third-party sites.
mstockstill on DSK4VPTVN1PROD with RULES
§ 173.4 Terms of use and other
compliance.
Requesters and users of Department
Web sites, or third-party Web sites
containing Program Material, are
responsible for complying with the
Terms of Use applicable to any such
site. Requesters are also solely
responsible for complying with any
applicable statutes governing the use of
such material and securing appropriate
licenses for use of such material, if
required.
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Jkt 232001
§ 173.5
Fees.
(a) The Department will make
Program Material available online (i.e.,
in digital format) at no cost.
(b) The Department may collect a fee
for reimbursement of the reasonable
costs incurred to fulfill requests for
Program Material not available online.
Such requests, including fees applicable
thereto, shall be governed by part 171,
subpart B of this subchapter.
Dated April 14, 2014.
Richard Stengel,
Under Secretary for Public Diplomacy and
Public Affairs.
[FR Doc. 2014–09022 Filed 4–18–14; 8:45 am]
BILLING CODE 4710–11–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1917
[Docket ID: OSHA–2012–0028]
RIN 1218–AC72
Vertical Tandem Lifts
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule; remand.
AGENCY:
OSHA is implementing a
court-ordered remand of certain
portions of the standard for vertical
tandem lifts (VTLs). This final rule
implements the remand by: Limiting the
application of the corner-casting and
interbox-connector inspection
requirements to shore-to-ship VTLs; and
removing the tandem lifts of platform
containers from the scope of the VTL
standard.
SUMMARY:
The final rule becomes effective
on July 21, 2014.
ADDRESSES: In accordance with 28
U.S.C. 2112(a), the Agency designates
Joseph Woodward, the Associate
Solicitor of Labor for Occupational
Safety and Health, Office of the Solicitor
of Labor, Room S4004, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210, to receive
petitions for review of the final rule.
FOR FURTHER INFORMATION CONTACT:
General information and press
inquiries: Frank Meilinger, Director,
OSHA Office of Communications, U.S.
Department of Labor, Room N–3647,
200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–1999; email: Meilinger.francis2@
dol.gov.
Technical Information: Mrs. Amy
Wangdahl, Director, Office of Maritime
DATES:
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Frm 00010
Fmt 4700
Sfmt 4700
and Agriculture, OSHA, U.S.
Department of Labor, Room N–3609,
200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2086 or email wangdahl.amy@
dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice:
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This notice, as
well as news releases and other relevant
information, are also available at
OSHA’s Web site at https://
www.osha.gov.
Since the 1970s, intermodalism (the
containerization of cargo) has become
the dominant mode of cargo transport in
the maritime industry, replacing
centuries-old, break-bulk cargo
handling. In the marine cargo handling
industry, intermodalism typically
involves three key components:
Standardized containers with uniform
corner castings; interbox connectors
(such as semiautomatic twistlocks) to
secure the containers (to each other at
the four corners, to the deck of the ship,
to a railroad car, or to a truck chassis);
and a type of crane called a container
gantry crane that has specialized
features for rapid loading and unloading
of containers. Because intermodalism is
highly dependent on standardized
containers and connecting gear, several
international organizations have
developed standards for equipment and
practices to facilitate intermodal freight
operations. This helps ensure that
containers and interbox connectors are
sized and operate properly so that
containers and connectors from
different manufacturers will fit together.
On a ship, containers above deck are
secured, by interbox connectors, to each
other and to the deck of the ship. In the
conventional loading and unloading
process, the container gantry crane lifts
one container (either 6.1 or 12.2 meters
long) at a time, using the crane’s
specially developed spreader beam. A
VTL is the practice of a container crane
lifting two or more intermodal
containers, one on top of the other,
connected by a particular type of
interbox connector, known as a
semiautomatic twistlock.
On December 10, 2008, OSHA
published a final rule [73 FR 75245]
adopting new requirements relating to
VTLs (73 FR 75246). The final standard
permitted VTLs of no more than two
empty containers provided that certain
safeguards are followed. The final rule
required, among other safeguards,
inspections of each container, interbox
connector, and corner casting
immediately before use in a VTL (29
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]]>Agencies
[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22016-22018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09022]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 173
[Public Notice 8703]
RIN 1400-AD50
Availability of Public Diplomacy Program Material Within the
United States
AGENCY: Department of State.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of State (``Department'') is amending its
regulations to implement Section 1078 of the National Defense
Authorization Act of 2013. This statutory provision, which entered into
effect on July 2, 2013, amends previous law to allow the Department and
the Broadcasting Board of Governors (``BBG'') to make public diplomacy
program material available within the United States, upon request,
following the dissemination of such material abroad, and requires the
Department to issue regulations implementing this change.
DATES: This interim final rule will become April 21, 2014. The
Department will accept comments on the interim final rule from the
public until June 20, 2014.
ADDRESSES: You may submit comments by any of the following methods:
Online: Persons with access to the Internet may view this
rule and provide comments by going to the regulations.gov Web site at:
https://www.regulations.gov.
Mail (paper, disk, or CD-ROM submission): Director, Office
of Policy and Outreach, Bureau of International Information Programs,
U.S. Department of State, State Annex 5 (SA-5), Floor 5, 2200 C Street
NW., Washington, DC 20522-0505.
Email: IIP_Inquiries@state.gov. You must include the RIN
(1400-AD50) in the subject line of your message.
Inspection of Public Comments: All comments received before the
close of the comment period will be available for public inspection,
including any personally identifiable or confidential business or
financial information that is included in a comment. The Department of
State will post all comments received before the close of the comment
period at https://www.regulations.gov. You may search on the RIN for
this rule, 1400-AD50.
FOR FURTHER INFORMATION CONTACT: Kim DeBlauw, Director, Office of
Policy and Outreach, Bureau of International Information Programs, U.S.
Department of State, SA-5, Floor 5, 2200 C Street NW., Washington, DC
20522-0505; phone: (202) 632-9938; fax (202) 632-9901.
SUPPLEMENTARY INFORMATION:
Executive Summary
Section 1078 of the National Defense Authorization Act for Fiscal
Year 2013, Public Law 112-239 (``NDAA''), which entered into effect on
July 2, 2013, amends and clarifies, respectively, section 501 of the
United States Information and Educational Exchange Act of 1948, as
amended (22 U.S.C. 1461; ``the Smith-Mundt Act'') (``Section 501''),
governing the domestic distribution of certain information about the
United States, its people, and policies (``Program Material'') prepared
for dissemination abroad; and section 208 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a)
(``Section 208''), governing the creation of such material for the
purpose of influencing domestic public opinion.
The revised Section 501 authorizes the use of public diplomacy
funds for the preparation, dissemination and use of Program Material
``intended for foreign audiences abroad.'' With respect to Program
Material disseminated abroad on or after July 2, the Department and/or
the BBG may, upon request, make such material available within the
United States, and both the Department and BBG must issue necessary
regulations to establish procedures to maintain such material, for
reimbursement of reasonable costs incurred in fulfilling requests for
such material, and to ensure that persons seeking the release of such
material have secured and paid for necessary U.S. rights and licenses.
(The BBG published its interim final rule on July 2, 2013, with a final
rule published on November 8, 2013 (78 FR 67025).)
The mission of U.S. public diplomacy is to support the achievement
of U.S. foreign policy goals and objectives, advance national
interests, and enhance national security by informing and influencing
foreign publics, and by expanding and strengthening the relationship
between the people and Government of the United States and citizens of
the rest of the world. Public diplomacy outreach includes
communications with foreign audiences abroad through Program Material
prepared with, and efforts supported by, funds appropriated or
otherwise made available for this purpose. Prior to the 2013 NDAA, such
material could not be disseminated within the United States but could
be available at the Department following its release abroad, upon
request, for examination only to limited categories of requesters
(i.e., representatives of U.S. press associations, newspapers,
magazines; research students and scholars; Members of Congress).
Regulatory Analysis
Administrative Procedure Act
The Department is of the opinion that this rulemaking is exempt
from the notice-and-comment provisions of 5 U.S.C. 553 under the good
cause exception of 5 U.S.C. 553(b). There is good cause under 5 U.S.C.
553(b)(B) and (d)(3) to have this rule effective at the time of
publication. Because one of the purposes of this rule and the law
underlying this rule is to allow information dissemination outside of
the Freedom of Information Act for Program Material, and because of the
already-past effective date of the law, the intent of the law would be
frustrated if the Department could not begin implementing this rule and
responding to domestic requests for Program Material as soon as
possible. Accordingly, the Department finds that normal public
rulemaking procedures are impracticable and unnecessary, and that there
is good cause under 5 U.S.C. 553(b)(B) and (d)(3) to exempt this rule
from public rulemaking procedures and to implement this rule upon
publication. Without prejudice to the Department's determination that
there is good cause to exempt this rule from public rulemaking
procedures, in the interests of transparency and public participation,
the Department is publishing this rule as an interim final rule with a
60-day provision for public comment.
Furthermore, because this is a substantive rule that relieves
restrictions imposed by previous versions of 22 U.S.C. 1461 and 1461-
1a, the Department may implement this rule at the time of publication
under 5 U.S.C. 553(d)(1). This rule does not require or prompt the
public to take any action; rather, it functions to relieve the
prohibition that prevented the Department from responding to requests
[[Page 22017]]
for Program Material from the U.S. public, U.S. media entities, or
other U.S. organizations. This rule benefits the public, media, and
other organizations by allowing them to request and access the
Department's Program Material, which previously could not be
disseminated within the United States.
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking 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. This
rulemaking 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 the ability of United States-based companies to compete
in domestic and export markets.
Unfunded Mandates Reform Act of 1995
This rulemaking 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 Executive Order 13175 do not apply to
this rulemaking.
Regulatory Flexibility Act/Executive Order 13272: Small Business
The Department hereby certifies that these regulatory changes will
not have a significant impact upon small businesses.
Executive Order 13563 and Executive Order 12866
The Department is publishing this rulemaking in response to a
statutory requirement that will make more information available to the
public; therefore, the benefits of the rulemaking outweigh any costs.
The Department does not consider this rulemaking to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, as amended by Executive Order 13563.
The Department has reviewed this rulemaking to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive Orders.
Executive Order 12988
The Department has reviewed this rulemaking in light of sections
3(a) and (b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Orders 12372 and 13132
This rulemaking will not have a substantial direct effect on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rulemaking does
not have sufficient federalism implications to require consultations or
warrant the preparation of a federalism summary impact statement.
Executive Order 12372, regarding intergovernmental consultation on
federal programs and activities, does not apply to this rulemaking.
Paperwork Reduction Act
This rulemaking contains no new information collections subject to
the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 173
Broadcasting, Communications, Education, Foreign relations, Freedom
of information, Information, Publications, Records, Radio.
Accordingly, 22 CFR chapter I, subchapter R, is amended by adding a
new part 173 as follows:
PART 173--AVAILABILITY OF PUBLIC DIPLOMACY PROGRAM MATERIAL IN THE
UNITED STATES
Sec.
173.1 Purpose and scope.
173.2 Definitions.
173.3 Availability of program material.
173.4 Terms of use and other compliance.
173.5 Fees.
Authority: the United States Information and Educational
Exchange Act of 1948, as amended (22 U.S.C. 1461, et seq.); Section
1078 of the National Defense Authorization Act for Fiscal Year 2013,
Pub. L. 112-239.
Sec. 173.1 Purpose and scope.
This part contains the rules that the Department follows for
responding to requests for the release within the United States of
public diplomacy program material generated pursuant to the U.S.
Information and Educational Exchange Act of 1948, as amended (22 U.S.C.
1431, et seq.; ``the Smith-Mundt Act''). It is the Department's policy
to make its program material available on its public Web site or via
third-party platforms whenever doing so is consistent with the
Department's mission and all statutory authorities, prohibitions,
contractual obligations, principles, and standards. Requests for
program material that is not available on the Department's public Web
site or via third-party platforms must be submitted under the Freedom
of Information Act (the ``FOIA'') pursuant to the FOIA provisions of 22
CFR part 171, subpart B.
Sec. 173.2 Definitions.
For the purposes of this part,
(a) Program material shall mean information about the United
States, its people and policies, intended for foreign audiences abroad,
that the Department prepares or assists in preparing using public
diplomacy funds and disseminates to foreign audiences outside of the
United States pursuant to the Smith-Mundt Act and Section 208 of the
Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 1461-1a), as amended. Program Material includes, but is not
limited to, electronic journals, pamphlets, books, maps, posters,
videos, presentations, photos, games, curricula and other teaching
materials, and certain social media and web-based interactive
technology content produced in Washington, DC, as well as such
materials and content produced at U.S. embassies abroad.
(b) Request shall mean any attempt to access the Department's
Program Material, including through the Department's public Web sites
and third-party platforms, or through a direct inquiry to a Department
official in connection with a speech or other engagement.
(c) Requester shall mean any private person or entity that requests
that the Department make Program Material available within the United
States.
Sec. 173.3 Availability of program material.
(a) The Department makes Program Material available to Requesters
electronically through Department Web sites and/or various third-party
platforms, where such material has been disseminated to audiences
abroad. Once Program Material is published, it remains available in
digital format until removed or archived by the Department at its
discretion (see paragraph (c) of this
[[Page 22018]]
section). For access to such Program Material, Requesters may visit
www.state.gov/r.
(b) As a general matter, Program Material published both
electronically and in hard copy will be made available electronically
through Department Web sites and/or various third-party platforms,
although the Department reserves the right to make Program Material
available in hard copy at its sole discretion. To the extent a
Requester seeks Program Material that is not made available online
through Department Web sites or third-party platforms, such material
must be requested under the FOIA pursuant to the procedures outlined at
22 CFR part 171, Subpart B.
(c) The Department will remove Program Material from Department and
third-party Web sites when it deems such material no longer relevant to
the Department's public diplomacy mission. The Department will also
remove Program Material when required by licensing agreements with
third-party copyright holders. To the extent a Requester seeks Program
Material that has been removed for whatever reason, such material must
be requested under the FOIA pursuant to the procedures outlined at 22
CFR part 171, Subpart B.
(d) Once Program Material has been removed from the Department's
Web site or third-party platforms, a determination will be made as to
whether it is a permanent Department record under the Department's
applicable Records Disposition Schedule (``RDS''). Permanent records
will be transferred in their entirety to the National Archives and
Records Administration (``NARA'') according to the RDS; see 36 CFR
1256.98 for information about how to request Department Program
Material that has been transferred to NARA. Material designated as
``temporary'' under the applicable RDS will be destroyed once it has
been removed from the Department or third-party sites.
Sec. 173.4 Terms of use and other compliance.
Requesters and users of Department Web sites, or third-party Web
sites containing Program Material, are responsible for complying with
the Terms of Use applicable to any such site. Requesters are also
solely responsible for complying with any applicable statutes governing
the use of such material and securing appropriate licenses for use of
such material, if required.
Sec. 173.5 Fees.
(a) The Department will make Program Material available online
(i.e., in digital format) at no cost.
(b) The Department may collect a fee for reimbursement of the
reasonable costs incurred to fulfill requests for Program Material not
available online. Such requests, including fees applicable thereto,
shall be governed by part 171, subpart B of this subchapter.
Dated April 14, 2014.
Richard Stengel,
Under Secretary for Public Diplomacy and Public Affairs.
[FR Doc. 2014-09022 Filed 4-18-14; 8:45 am]
BILLING CODE 4710-11-P
