Exchange Visitor Program-Sanctions; Notifications, 50993-50994 [2021-19746]

Agencies

• DEPARTMENT OF STATE

[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 [www.gpo.gov]
[FR Doc No: 2021-19746]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

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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: 
[email protected].

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]
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