22016 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 

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: http:// 

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 http://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 

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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 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. 

§ 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. 

§ 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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22018 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. 

§ 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. 

§ 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 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule; remand. 

SUMMARY: 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. 

DATES: 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 

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 http://

www.regulations.gov. This notice, as 

well as news releases and other relevant 

information, are also available at 

OSHA’s Web site at http://

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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