Organization, 50823-50826 [2018-22011]
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
Availability and Summary of
Documents for Incorporation by
Reference
[Docket No. FAA–2018–0062; Airspace
Docket No. 18–ASO–3]
RIN 2120–AA66
This document amends FAA Order
7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017,
and effective September 15, 2017. FAA
Order 7400.11B is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Amendment of Class D and Class E
Airspace; Pensacola, FL, and
Establishment of Class E Airspace;
Milton, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, correction.
AGENCY:
This action corrects a final
rule published in the Federal Register
on August 29, 2018, amending Class D
airspace and Class E airspace extending
upward from 700 feet above the surface,
and establishing Class E surface airspace
at Choctaw Naval Outlying Field
(NOLF), Milton, FL. Additional text was
inadvertently omitted from the NOTAM
information of Class D airspace and
Class E surface airspace for Choctaw
NOLF.
DATES: Effective 0901 UTC, January 3,
2019. The Director of the Federal
Register approves this incorporation by
reference action under title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION, CONTACT:
John Fornito, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, 1701
Columbia Avenue, College Park, GA
30337; telephone (404) 305–6364.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
History
The FAA published a final rule in the
Federal Register (83 FR 43968, August
29, 2018) for Doc. No. FAA–2018–0062,
amending Class D airspace and Class E
airspace extending upward from 700
feet or more above the surface, and
establishing Class E surface airspace at
Choctaw Naval Outlying Field (NOLF),
Milton, FL. Subsequent to publication,
the FAA found that the NOTAM
information listed in the legal
description of the airport in Class D
airspace and Class E surface airspace
omitted text. This action corrects the
error.
Class D airspace and Class E airspace
designations are published in
paragraphs 5000 and 6002, respectively,
of FAA Order 7400.11B dated August 3,
2017, and effective September 15, 2017,
which was incorporated by reference in
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14 CFR part 71.1. The Class D and E
airspace designations listed in this
document will be published
subsequently in the Order.
Correction to Final Rule
Accordingly, pursuant to the authority
delegated to me, in the Federal Register
of August 29, 2018 (83 FR 43968) FR
Doc. 2018–18644, the amendment of
Class D Airspace and Class E Airspace;
Pensacola, FL, and Establishment of
Class E Airspace; Milton, FL is corrected
as follows:
■
§ 71.1
[Amended]
ASO FL D
Milton, FL [Corrected]
On page 43970, column 1, line 10,
insert the words ‘‘in advance’’ after the
word ‘‘established’’.
■
ASO FL E2
Milton, FL [Corrected]
On page 43970, column 1 line 30,
insert the words ‘‘in advance’’ after the
word ‘‘established’’.
■
Issued in College Park, Georgia, on October
2, 2018.
Kenneth Brissenden,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018–21884 Filed 10–9–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 5
[Public Notice 10513]
RIN 1400–AE18
Organization
State Department.
Final rule.
AGENCY:
ACTION:
The Department of State (the
Department) updates and revises the
rules that set forth its organization, rules
of procedure, place at which the public
may obtain forms, and its substantive
rules of general applicability.
SUMMARY:
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50823
This rule is effective on
November 9, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Alice Kottmyer, Attorney Adviser,
Office of Management, Office of the
Legal Adviser, (202) 647–2318,
kottmyeram@state.gov.
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating
this rule?
The Freedom of Information Act (5
U.S.C. 552(a)(1) requires that agencies
publish in the Federal Register certain
information.1 The Department provides
this information in Part 5 of Title 22,
Code of Federal Regulations. The
Department last amended Part 5 in
1968; it is, therefore, obsolete. This
rulemaking provides the necessary
updates.
What are the substantive changes from
the current Part 5?
The Authorities section and §§ 5.1
and 5.2 are updated to reflect current
authorities. Section 5.2 contains a new
provision that refers to the Department’s
practice of publishing certain
delegations of authority in the Federal
Register. Section 5.2 also contains a
reference to the new § 5.5, which
describes the Foreign Affairs Manual
and Foreign Affairs Handbook.
Section 5.3, containing the bureau
names, contact addresses, and websites
of Department offices, is totally revised
from the last amendment of this rule in
1968.
Section 5.4 provides a list of
substantive rules of general
applicability, and where the public can
find them in 22 CFR. Provisions that
were not listed in 1968 include: Part 22
(Schedule of Fees for Consular
Services); Part 103 (Chemical Weapons
Convention Regulations); Part 104
(International Trafficking in Persons);
Part 141 et seq. (Civil Rights); Part 171
(Availability of Information and Records
to the Public); Part 172 (Service of
Process); Part 173 (Availability of Public
1 (A) Descriptions of its central and field
organization and the established places at which,
the employees (and in the case of a uniformed
service, the members) from whom, and the methods
whereby, the public may obtain information, make
submittals or requests, or obtain decisions; (B)
Statements of the general course and method by
which its functions are channeled and determined,
including the nature and requirements of all formal
and informal procedures available; (C) Rules of
procedure, descriptions of forms available or the
places at which forms may be obtained, and
instructions as to the scope and contents of all
papers, reports, or examinations; (D) Substantive
rules of general applicability adopted as authorized
by law, and statements of general policy or
interpretations of general applicability formulated
and adopted by the agency; and (E) Each
amendment, revision, or repeal of the foregoing.
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
Diplomacy Material in the United
States); and Part 181 (Coordination,
Reporting, and Publication of
International Agreements).
Section 5.5 is new. It describes the
Foreign Affairs Manual and the Foreign
Affairs Handbook, which is a collection
of directives that provide procedures
and policies on matters relating to
Department management and personnel.
Regulatory Findings
Administrative Procedure Act
This rule is a rule of agency
organization, procedure, or practice.
The Department publishes it as a final
rule in accordance with 5 U.S.C.
553(b)(A).
Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Department certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532, generally requires agencies to
prepare a statement before proposing
any rule that may result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private sector. This rule will not
result in any such expenditure, nor will
it significantly or uniquely affect small
governments.
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Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804. The
Department is aware of no monetary
effect on the economy that would result
from this rulemaking, nor will there be
any increase in costs or prices; or any
effect on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
companies to compete with foreignbased companies in domestic and
import markets.
Executive Order 12866
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review. The Department
of State has reviewed this rule to ensure
its consistency with the regulatory
philosophy and principles set forth in
Executive Order 12866. This rule deals
with Department organization and
procedures and will not impose any
costs on the public. The Department has
determined that the benefits of this
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regulation, i.e., ensuring compliance
with FOIA and providing information
and transparency to the public,
outweigh any costs.
Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. The rule will not
have federalism implications warranting
the application of Executive Orders
12372 and 13132.
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
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 Order 13563: Improving
Regulation and Regulatory Review
The Department has considered this
rule in light of Executive Order 13563,
dated January 18, 2011, and affirms that
this regulation is consistent with the
guidance therein.
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
This rule is not expected to be an E.O.
13771 regulatory action because this
rule is not significant under E.O. 12866.
Paperwork Reduction Act
This rule does not impose new or
revised information collection
requirements under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
chapter 35.
List of Subjects in 22 CFR Part 5
Organization and functions
(Government agencies).
For the reasons set forth in the
preamble, the Department of State
revises 22 CFR part 5 to read as follows:
PART 5—ORGANIZATION
Sec.
5.1 Introduction.
5.2 Central and field organization.
5.3 Rules of procedure, description of forms
available, or the places at which forms
may be obtained.
5.4 Substantive rules of general
applicability adopted as authorized by
law.
5.5 The Foreign Affairs Manual and the
Foreign Affairs Handbook.
Authority: 22 U.S.C. 2651a; 5 U.S.C. 552.
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§ 5.1
Introduction.
This part provides information to the
public as required by the Freedom of
Information Act, 5 U.S.C. 552(a)(1).
§ 5.2
Central and field organization.
(a) The central organization of the
Department of State is prescribed by the
State Department Basic Authorities Act
of 1956, as amended (Pub. L. 84–885),
codified at 22 U.S.C. 2651 et seq. and
the Foreign Affairs Manual (see § 5.5).
(b) As used in this part, the term
‘‘Department of State’’ includes all
offices within the Department in
Washington, its domestic field offices in
the United States, all U.S. diplomatic
and consular posts throughout the
world, and U.S. missions to
international organizations unless
otherwise specified.
(c) Any person desiring information
concerning a matter handled by the
Department of State, or any person
desiring to make a submittal or request
in connection with such a matter,
should communicate either orally or in
writing with the appropriate office. If
the office receiving the communication
does not have jurisdiction to handle the
matter, the communication, if written,
will be forwarded to the proper office,
or, if oral, the person will be advised
how to proceed. When the submittal or
request from a member of the public
consists of a formal application for one
of the documents, privileges, or other
benefits provided for in the laws
administered by the Department of
State, or in the regulations
implementing these laws, the member of
the public should follow the
instructions on the form as to
preparation and place of submission.
(d) From time to time, the Secretary
of State will, to the extent authorized by
law, delegate statutory or other
authorities to subordinate officers, as
authorized by 22 U.S.C. 2651a(a)(4). The
Department will generally publish such
delegations of authority in the Federal
Register.
§ 5.3 Rules of procedure, description of
forms available, or the places at which
forms may be obtained.
Rules of procedure regarding the
following listed matters may be
consulted under the corresponding
regulations referenced in § 5.4, or
obtained upon application to the offices
listed below. Forms pertaining to the
following listed matters, and
instructions relating thereto may also be
obtained at the offices indicated in the
following table 1 to § 5.3:
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50825
TABLE 1 TO § 5.3
Subject matter
Office
Address
Access to Information and Records
Bureau of Administration ..............
Appointment of Foreign Service Officers.
Authentications .................................
Board of Examiners for the Foreign Service.
Office of Authentications ...............
Civil Rights ........................................
Office of Civil Rights .....................
Forms ...............................................
International educational and cultural
exchange programs.
.......................................................
Bureau of Educational and Cultural Affairs.
International Traffic in Arms Regulations.
U.S. Passports ..................................
Directorate of Defense Trade Controls.
Passport Services .........................
Organizational chart .........................
Procurements and assistance, domestic/international
acquisition
and federal assistance policy.
Protection and welfare of U.S. citizens, intercountry adoption, international child abduction, and other
consular services abroad.
Treaties and international agreements.
Visa issuance ...................................
.......................................................
Office of the Procurement Executive.
Office of Information Programs and Services (IPS), U.S. Department
of State, State Annex 2 (SA–2), 515 22nd Street NW, Washington,
DC, Suite 8100, 20522–0208, Fax: (202) 261–8579, URL:
FOIA.state.gov.
For passport records and records of the Office of the Inspector General, please see 22 CFR 171.4(a).
Board of Examiners for the Foreign Service, Department of State,
SA–1, H–518, 2401 E Street NW. Washington, DC 20522.
U.S. Department of State, 600 19th Street NW, Washington, DC
20006.
Office of Civil Rights (S/OCR), 2201 C Street NW, Suite 7428,
Washington, DC 20520.
https://eforms.state.gov.
For ECA-funded programs, Department of State, 2200 C Street NW,
Washington, DC 20522–0500, ECA.state.gov; phone (202) 632–
6445.
For the Exchange Visitor Program, Department of State, SA–4E,
Room E–B001—2201 C Street NW, Washington, DC 20520.
Jexchanges@state.gov; phone (202) 632–6445.
U.S. Department of State, Directorate of Defense Trade Controls,
2401 E Street NW, SA–1, Room H1200, Washington, DC 20037.
https://travel.state.gov/, National Passport Information Center, 877–
487–2778, 888–874–7793 (TDD/TTY), 8:00 am to 10:00 pm ET
Monday–Friday, 10:00 am to 3:00 pm ET Saturday (excluding federal holidays), NPIC@state.gov.
https://www.state.gov/r/pa/ei/rls/dos/99484.htm.
U.S. Department of State, A/OPE (SA–15, Suite 1060), Washington,
DC 20522, FAX 703–875–6155.
Overseas Citizen Services ............
https://travel.state.gov/, 888–407–4747 (from U.S. and Canada), +1
202–501–4444 (from Overseas).
Office of the Assistant Legal Adviser for Treaty Affairs.
Office of Visa Services .................
https://www.state.gov/s/l/treaty/.
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§ 5.4 Substantive rules of general
applicability adopted as authorized by law.
(a) The regulations of the Department
of State required to be published under
the provisions of the Administrative
Procedure Act are found in the Code of
Federal Regulations (generally in title
22) and in the Federal Register. Any
person desiring information with
respect to a particular procedure should
examine the pertinent regulation cited
in paragraph (b) of this section.
(b) The following paragraphs (b)(1)
through (18) are citations to regulations
within the scope of this section:
(1) Appointment of Foreign Service
Officers. 22 CFR part 11 et seq.
(2) Schedule of Fees for Consular
Services. 22 CFR part 22.
(3) Claims and Stolen Property. 22
CFR part 31 et seq.
(4) Issuance of Visas. 22 CFR parts
41–42 et seq.
(5) Nationality and Passports. 22 CFR
part 50 et seq.
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https://travel.state.gov/, National Visa Center—Public Inquiries, 603–
334–0700 (immigrant visas only), 603–334–0888 (nonimmigrant
visas only), 7:00 a.m.—12:00 a.m. ET Monday–Friday (excluding
federal holidays), https://secureforms.travel.state.gov/ask-nvc.php.
(6) International Educational and
Cultural Exchanges. 22 CFR part 62 et
seq.
(7) Protection and Welfare of
Americans Abroad. 22 CFR part 71 et
seq.
(8) Other Consular Services Abroad.
22 CFR part 92 et seq.
(9) Chemical Weapons Convention
Regulations. 22 CFR part 103.
(10) International Trafficking in
Persons. 22 CFR part 104.
(11) International Traffic in Arms
Regulations. 22 CFR part 121 et seq.
(12) Certificates of Authentication. 22
CFR part 131 et seq.
(13) Civil Rights, including
implementation of Sections 504 and 508
of the Rehabilitation Act of 1973. 22
CFR part 141 et seq.
(14) Department of State Acquisition
Regulation. 48 CFR chapter 6.
(15) Availability of Information and
Records to the Public. 22 CFR part 171.
(16) Service of Process. 22 CFR part
172.
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(17) Availability of Public Diplomacy
Program Material in the United States.
22 CFR part 173.
(18) Coordination, Reporting, and
Publication of International Agreements.
22 CFR part 181.
(c) The regulations listed in paragraph
(b) of this section are supplemented
from time to time by amendments
appearing initially in the Federal
Register.
§ 5.5. The Foreign Affairs Manual and the
Foreign Affairs Handbook.
The Department articulates official
guidance, including procedures and
policies, on matters relating to
Department management and personnel
in the Foreign Affairs Manual (FAM)
and the Foreign Affairs Handbook
(FAH) series. Some of these directives
are promulgated pursuant to statute,
such as the Secretary of State’s authority
to prescribe regulations for the Foreign
Service as provided in Section 206 of
the Foreign Service Act of 1980, as
amended, 22 U.S.C. 3926. The FAMs
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and FAHs that are publicly available are
located on the Department’s public
website, at https://fam.state.gov/.
Dated: September 26, 2018.
Alicia A. Frechette,
Executive Director, Office of the Legal Adviser
and Bureau of Legislative Affairs, Department
of State.
[FR Doc. 2018–22011 Filed 10–9–18; 8:45 am]
BILLING CODE 4710–10–P
PRESIDIO TRUST
36 CFR Parts 1007, 1008, 1009 and
1011
RIN 3212–AA08; 3212–AA09; 3212–AA10;
3212–AA11
Freedom of Information Act; Privacy
Act; Federal Tort Claims Act; Debt
Collection Regulations
Presidio Trust.
Final rule.
AGENCY:
ACTION:
This final rule revises
Presidio Trust (Trust) regulations
addressing requests under the Freedom
of Information Act (FOIA), requests
under the Privacy Act, administrative
claims under the Federal Tort Claims
Act (FTCA), and Debt Collection. The
Trust is revising these regulations to
update, clarify and streamline the
language of several procedural
provisions, and to incorporate
amendments pursuant to the OPEN
Government Act of 2007, the FOIA
Improvement Act of 2016, and the
Digital Accountability and
Transparency Act of 2014.
DATES: These final rules are effective
November 15, 2018.
FOR FURTHER INFORMATION CONTACT:
Steve Carp, Legal Analyst, (415) 561–
5300, scarp@presidiotrust.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
Section 104(j) of the Presidio Trust
Act (16 U.S.C. 460bb appendix)
authorizes the Trust to prescribe
regulations governing the manner in
which it conducts its business and
exercises its powers. This final rule
revises the Trust’s administrative
regulations at 36 CFR part 1007 (FOIA),
part 1008 (Privacy Act), part 1009
(FTCA), and part 1011 (Debt Collection),
as described below. In addition, the
Trust has made minor ministerial
changes and corrected typographical
errors to these parts of its regulations.
Revisions to 36 CFR Part 1007
(Requests Under the FOIA)
The Trust adopted FOIA regulations
effective January 29, 1999. The OPEN
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Government Act of 2007 (OPEN Act),
among other things, provided a statutory
definition of a ‘‘representative of the
news media’’ on September 14, 2007.
The FOIA Improvement Act of 2016
(FOIA Act) amended the FOIA on June
30, 2016. The Trust’s final rule
conforms its regulations to the
definition of a ‘‘representative of the
news media’’ in the OPEN Act and
conforms its regulations to the FOIA
Act, as well as to the Department of
Justice’s revised FOIA regulations.
Specifically, this rule revises § 1007.1
(Purpose and scope) by adding
references to the text of FOIA and the
Trust’s Privacy Act regulations; § 1007.2
(Records available) by adopting a policy
of presumption of openness and the
‘‘foreseeable harm’’ standard; § 1007.3
(Requests for records) by providing a
requester an opportunity to consult with
the Trust’s FOIA Officer to perfect a
request and adding procedures to verify
the requester’s identity; § 1007.4
(Preliminary processing of requests) by
specifying the date used for searching,
adding consultation and referral
procedures for requests of records of
other departments and agencies,
clarifying that consultation with
submitters of commercial or financial
information includes consultation with
entities that are not individuals, and
adding procedures to notify submitters
and requesters of actions taken with
respect to requests containing
commercial or financial information;
§ 1007.5 (Action on initial requests) by
specifying decisions that constitute
adverse determinations of requests,
adding procedures for notifying
requesters of dispute resolution
services, and adding types of requests
that would qualify for expedited
processing; § 1007.6 (Time limits for
processing initial requests) by adding
procedures for a requester to modify a
request when an extension of time is
necessary to respond to a request, and
adding procedures for notifying
requesters of dispute resolution
services; § 1007.7 (Appeals) by changing
the time period for requesters to file an
administrative appeal from 20 working
days to 90 calendar days and requiring
an appeal of an adverse determination
before seeking a court order; § 1007.8
(Action on appeals) by adding
procedures for notifying requesters of
dispute resolution services; and § 1007.9
(Fees) by adding definitions for the
terms ‘‘direct costs’’ and ‘‘review’’ and
modifying the definition for
‘‘representative of the news media.’’
This rule also revises § 1007.9 to
update the fees charged by the Trust for
processing FOIA requests. The Trust
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previously published its fees on
December 2, 1998 in its Interim
Compendium. Under this final rule, the
Trust’s Executive Director will set fees
for processing these requests and will
publish the fees on the Trust’s website
instead of the Interim Compendium.
With these changes, the fees previously
listed in § 1007.9 of the Interim
Compendium will no longer be
effective.
Revisions to 36 CFR Part 1008
(Requests Under the Privacy Act)
The Trust adopted Privacy Act
regulations effective January 29, 1999.
There has been little statutory change to
the Privacy Act of 1974 since the Trust
adopted its Privacy Act regulations.
However, this rule conforms its
regulations to guidance issued by the
Department of Justice and the Office of
Management and Budget. Specifically,
this rule revises § 1008.2 (Definitions)
by changing the definition of
‘‘individual’’; § 1008.9 (Disclosure of
records) by adding procedures for notice
of court-ordered and emergency
disclosures; and §§ 1008.11 (Request for
notification of existence of records:
Submission), 1008.14 (Requests for
access to records: Submission), and
1008.19 (Petitions for amendment:
Submission and form) by adding
procedures to verify the requester’s
identity.
This rule also revises § 1008.15
(Requests for access to records: Initial
decision) to update the fees charged by
the Trust for processing Privacy Act
requests. The Trust previously
published its fees on December 2, 1998
in its Interim Compendium. Under this
final rule, the Trust’s Executive Director
will set fees for processing these
requests and will publish the fees on the
Trust’s website instead of the Interim
Compendium. With these changes, the
fees previously listed in § 1008.15 of the
Interim Compendium will no longer be
effective.
Revisions to 36 CFR Part 1009
(Administrative Claims Under the
FTCA)
The Trust adopted FTCA regulations
effective January 29, 1999. This final
rule revises § 1009.4 (Payment of
claims) by adding procedures the Trust
uses to pay FTCA claims from its
proceeds or revenues.
Revisions to 36 CFR Part 1011 (Debt
Collection)
The Trust adopted debt collection
regulations effective January 12, 2006.
The Digital Accountability and
Transparency Act of 2014 amended
federal debt collection law to require
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]]>Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50823-50826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22011]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 5
[Public Notice 10513]
RIN 1400-AE18
Organization
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State (the Department) updates and revises
the rules that set forth its organization, rules of procedure, place at
which the public may obtain forms, and its substantive rules of general
applicability.
DATES: This rule is effective on November 9, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney Adviser,
Office of Management, Office of the Legal Adviser, (202) 647-2318,
[email protected].
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
The Freedom of Information Act (5 U.S.C. 552(a)(1) requires that
agencies publish in the Federal Register certain information.\1\ The
Department provides this information in Part 5 of Title 22, Code of
Federal Regulations. The Department last amended Part 5 in 1968; it is,
therefore, obsolete. This rulemaking provides the necessary updates.
---------------------------------------------------------------------------
\1\ (A) Descriptions of its central and field organization and
the established places at which, the employees (and in the case of a
uniformed service, the members) from whom, and the methods whereby,
the public may obtain information, make submittals or requests, or
obtain decisions; (B) Statements of the general course and method by
which its functions are channeled and determined, including the
nature and requirements of all formal and informal procedures
available; (C) Rules of procedure, descriptions of forms available
or the places at which forms may be obtained, and instructions as to
the scope and contents of all papers, reports, or examinations; (D)
Substantive rules of general applicability adopted as authorized by
law, and statements of general policy or interpretations of general
applicability formulated and adopted by the agency; and (E) Each
amendment, revision, or repeal of the foregoing.
---------------------------------------------------------------------------
What are the substantive changes from the current Part 5?
The Authorities section and Sec. Sec. 5.1 and 5.2 are updated to
reflect current authorities. Section 5.2 contains a new provision that
refers to the Department's practice of publishing certain delegations
of authority in the Federal Register. Section 5.2 also contains a
reference to the new Sec. 5.5, which describes the Foreign Affairs
Manual and Foreign Affairs Handbook.
Section 5.3, containing the bureau names, contact addresses, and
websites of Department offices, is totally revised from the last
amendment of this rule in 1968.
Section 5.4 provides a list of substantive rules of general
applicability, and where the public can find them in 22 CFR. Provisions
that were not listed in 1968 include: Part 22 (Schedule of Fees for
Consular Services); Part 103 (Chemical Weapons Convention Regulations);
Part 104 (International Trafficking in Persons); Part 141 et seq.
(Civil Rights); Part 171 (Availability of Information and Records to
the Public); Part 172 (Service of Process); Part 173 (Availability of
Public
[[Page 50824]]
Diplomacy Material in the United States); and Part 181 (Coordination,
Reporting, and Publication of International Agreements).
Section 5.5 is new. It describes the Foreign Affairs Manual and the
Foreign Affairs Handbook, which is a collection of directives that
provide procedures and policies on matters relating to Department
management and personnel.
Regulatory Findings
Administrative Procedure Act
This rule is a rule of agency organization, procedure, or practice.
The Department publishes it as a final rule in accordance with 5 U.S.C.
553(b)(A).
Regulatory Flexibility Act/Executive Order 13272: Small Business
The Department certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.
1532, generally requires agencies to prepare a statement before
proposing any rule that may result in an annual expenditure of $100
million or more by State, local, or tribal governments, or by the
private sector. This rule will not result in any such expenditure, nor
will it significantly or uniquely affect small governments.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804. The
Department is aware of no monetary effect on the economy that would
result from this rulemaking, nor will there be any increase in costs or
prices; or any effect on competition, employment, investment,
productivity, innovation, or the ability of United States-based
companies to compete with foreign-based companies in domestic and
import markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. The Department of State has
reviewed this rule to ensure its consistency with the regulatory
philosophy and principles set forth in Executive Order 12866. This rule
deals with Department organization and procedures and will not impose
any costs on the public. The Department has determined that the
benefits of this regulation, i.e., ensuring compliance with FOIA and
providing information and transparency to the public, outweigh any
costs.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. The rule will not have federalism
implications warranting the application of Executive Orders 12372 and
13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the 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 Order 13563: Improving Regulation and Regulatory Review
The Department has considered this rule in light of Executive Order
13563, dated January 18, 2011, and affirms that this regulation is
consistent with the guidance therein.
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This rule is not expected to be an E.O. 13771 regulatory action
because this rule is not significant under E.O. 12866.
Paperwork Reduction Act
This rule does not impose new or revised information collection
requirements under the provisions of the Paperwork Reduction Act, 44
U.S.C. chapter 35.
List of Subjects in 22 CFR Part 5
Organization and functions (Government agencies).
For the reasons set forth in the preamble, the Department of State
revises 22 CFR part 5 to read as follows:
PART 5--ORGANIZATION
Sec.
5.1 Introduction.
5.2 Central and field organization.
5.3 Rules of procedure, description of forms available, or the
places at which forms may be obtained.
5.4 Substantive rules of general applicability adopted as authorized
by law.
5.5 The Foreign Affairs Manual and the Foreign Affairs Handbook.
Authority: 22 U.S.C. 2651a; 5 U.S.C. 552.
Sec. 5.1 Introduction.
This part provides information to the public as required by the
Freedom of Information Act, 5 U.S.C. 552(a)(1).
Sec. 5.2 Central and field organization.
(a) The central organization of the Department of State is
prescribed by the State Department Basic Authorities Act of 1956, as
amended (Pub. L. 84-885), codified at 22 U.S.C. 2651 et seq. and the
Foreign Affairs Manual (see Sec. 5.5).
(b) As used in this part, the term ``Department of State'' includes
all offices within the Department in Washington, its domestic field
offices in the United States, all U.S. diplomatic and consular posts
throughout the world, and U.S. missions to international organizations
unless otherwise specified.
(c) Any person desiring information concerning a matter handled by
the Department of State, or any person desiring to make a submittal or
request in connection with such a matter, should communicate either
orally or in writing with the appropriate office. If the office
receiving the communication does not have jurisdiction to handle the
matter, the communication, if written, will be forwarded to the proper
office, or, if oral, the person will be advised how to proceed. When
the submittal or request from a member of the public consists of a
formal application for one of the documents, privileges, or other
benefits provided for in the laws administered by the Department of
State, or in the regulations implementing these laws, the member of the
public should follow the instructions on the form as to preparation and
place of submission.
(d) From time to time, the Secretary of State will, to the extent
authorized by law, delegate statutory or other authorities to
subordinate officers, as authorized by 22 U.S.C. 2651a(a)(4). The
Department will generally publish such delegations of authority in the
Federal Register.
Sec. 5.3 Rules of procedure, description of forms available, or the
places at which forms may be obtained.
Rules of procedure regarding the following listed matters may be
consulted under the corresponding regulations referenced in Sec. 5.4,
or obtained upon application to the offices listed below. Forms
pertaining to the following listed matters, and instructions relating
thereto may also be obtained at the offices indicated in the following
table 1 to Sec. 5.3:
[[Page 50825]]
Table 1 to Sec. 5.3
----------------------------------------------------------------------------------------------------------------
Subject matter Office Address
----------------------------------------------------------------------------------------------------------------
Access to Information and Records.. Bureau of Administration... Office of Information Programs and Services
(IPS), U.S. Department of State, State Annex
2 (SA-2), 515 22nd Street NW, Washington, DC,
Suite 8100, 20522-0208, Fax: (202) 261-8579,
URL: FOIA.state.gov.
For passport records and records of the Office
of the Inspector General, please see 22 CFR
171.4(a).
Appointment of Foreign Service Board of Examiners for the Board of Examiners for the Foreign Service,
Officers. Foreign Service. Department of State, SA-1, H-518, 2401 E
Street NW. Washington, DC 20522.
Authentications.................... Office of Authentications.. U.S. Department of State, 600 19th Street NW,
Washington, DC 20006.
Civil Rights....................... Office of Civil Rights..... Office of Civil Rights (S/OCR), 2201 C Street
NW, Suite 7428, Washington, DC 20520.
Forms.............................. ........................... https://eforms.state.gov.
International educational and Bureau of Educational and For ECA-funded programs, Department of State,
cultural exchange programs. Cultural Affairs. 2200 C Street NW, Washington, DC 20522-0500,
ECA.state.gov; phone (202) 632-6445.
For the Exchange Visitor Program, Department
of State, SA-4E, Room E-B001--2201 C Street
NW, Washington, DC 20520.
[email protected]; phone (202) 632-6445.
International Traffic in Arms Directorate of Defense U.S. Department of State, Directorate of
Regulations. Trade Controls. Defense Trade Controls, 2401 E Street NW, SA-
1, Room H1200, Washington, DC 20037.
U.S. Passports..................... Passport Services.......... https://travel.state.gov/, National Passport
Information Center, 877-487-2778, 888-874-
7793 (TDD/TTY), 8:00 am to 10:00 pm ET Monday-
Friday, 10:00 am to 3:00 pm ET Saturday
(excluding federal holidays), [email protected].
Organizational chart............... ........................... https://www.state.gov/r/pa/ei/rls/dos/99484.htm.
Procurements and assistance, Office of the Procurement U.S. Department of State, A/OPE (SA-15, Suite
domestic/international acquisition Executive. 1060), Washington, DC 20522, FAX 703-875-
and federal assistance policy. 6155.
Protection and welfare of U.S. Overseas Citizen Services.. https://travel.state.gov/, 888-407-4747 (from
citizens, intercountry adoption, U.S. and Canada), +1 202-501-4444 (from
international child abduction, and Overseas).
other consular services abroad.
Treaties and international Office of the Assistant https://www.state.gov/s/l/treaty/.
agreements. Legal Adviser for Treaty
Affairs.
Visa issuance...................... Office of Visa Services.... https://travel.state.gov/, National Visa
Center--Public Inquiries, 603-334-0700
(immigrant visas only), 603-334-0888
(nonimmigrant visas only), 7:00 a.m.--12:00
a.m. ET Monday-Friday (excluding federal
holidays), https://secureforms.travel.state.gov/ask-nvc.php.
----------------------------------------------------------------------------------------------------------------
Sec. 5.4 Substantive rules of general applicability adopted as
authorized by law.
(a) The regulations of the Department of State required to be
published under the provisions of the Administrative Procedure Act are
found in the Code of Federal Regulations (generally in title 22) and in
the Federal Register. Any person desiring information with respect to a
particular procedure should examine the pertinent regulation cited in
paragraph (b) of this section.
(b) The following paragraphs (b)(1) through (18) are citations to
regulations within the scope of this section:
(1) Appointment of Foreign Service Officers. 22 CFR part 11 et seq.
(2) Schedule of Fees for Consular Services. 22 CFR part 22.
(3) Claims and Stolen Property. 22 CFR part 31 et seq.
(4) Issuance of Visas. 22 CFR parts 41-42 et seq.
(5) Nationality and Passports. 22 CFR part 50 et seq.
(6) International Educational and Cultural Exchanges. 22 CFR part
62 et seq.
(7) Protection and Welfare of Americans Abroad. 22 CFR part 71 et
seq.
(8) Other Consular Services Abroad. 22 CFR part 92 et seq.
(9) Chemical Weapons Convention Regulations. 22 CFR part 103.
(10) International Trafficking in Persons. 22 CFR part 104.
(11) International Traffic in Arms Regulations. 22 CFR part 121 et
seq.
(12) Certificates of Authentication. 22 CFR part 131 et seq.
(13) Civil Rights, including implementation of Sections 504 and 508
of the Rehabilitation Act of 1973. 22 CFR part 141 et seq.
(14) Department of State Acquisition Regulation. 48 CFR chapter 6.
(15) Availability of Information and Records to the Public. 22 CFR
part 171.
(16) Service of Process. 22 CFR part 172.
(17) Availability of Public Diplomacy Program Material in the
United States. 22 CFR part 173.
(18) Coordination, Reporting, and Publication of International
Agreements. 22 CFR part 181.
(c) The regulations listed in paragraph (b) of this section are
supplemented from time to time by amendments appearing initially in the
Federal Register.
Sec. 5.5. The Foreign Affairs Manual and the Foreign Affairs
Handbook.
The Department articulates official guidance, including procedures
and policies, on matters relating to Department management and
personnel in the Foreign Affairs Manual (FAM) and the Foreign Affairs
Handbook (FAH) series. Some of these directives are promulgated
pursuant to statute, such as the Secretary of State's authority to
prescribe regulations for the Foreign Service as provided in Section
206 of the Foreign Service Act of 1980, as amended, 22 U.S.C. 3926. The
FAMs
[[Page 50826]]
and FAHs that are publicly available are located on the Department's
public website, at https://fam.state.gov/.
Dated: September 26, 2018.
Alicia A. Frechette,
Executive Director, Office of the Legal Adviser and Bureau of
Legislative Affairs, Department of State.
[FR Doc. 2018-22011 Filed 10-9-18; 8:45 am]
BILLING CODE 4710-10-P
