This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

50993 

Vol. 86, No. 175 

Tuesday, September 14, 2021 

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. 

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: JExchanges@state.gov. 

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. 


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50994 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

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 

■ 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. 

■ 2. Revise § 62.50(j)(2) to read as 

follows: 

§ 62.50 Sanctions. 

* * * * * 

(j) * * * 

(2) Service of notice to sponsor. 

Service of notice to a sponsor pursuant 

to this section may be accomplished 

through written notice by mail, delivery, 

electronic mail, or facsimile, upon the 

president, chief executive officer, 

managing director, General Counsel, 

Responsible Officer, or Alternate 

Responsible Officer of the sponsor. 

Zachary A. Parker, 

Director, Office of Directives Management, 

Department of State. 

[FR Doc. 2021–19746 Filed 9–13–21; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0622] 

RIN 1625–AA08 

Special Local Regulations; Roar on the 

River, Detroit River, Wyandotte, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain waters of the Detroit River, 

Wyandotte, MI. This action is necessary 

to protect safety of life on navigable 

waters immediately prior to, during, and 

after the Roar on the River power boat 

race. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Detroit or a designated 

representative. 

DATES: This regulation is effective from 

11 a.m. through 1 p.m. on September 25, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0622 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Tracy Girard, Waterways 

Management Division, Sector Detroit, 

U.S. Coast Guard; telephone (313) 568– 

9564, email Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because we 

must establish this special local 

regulation by September 25, 2021. 

Delaying the effective date of this 

regulation for a comment period to run 

would be contrary to the public interest 

and impractical because it would inhibit 

the Coast Guard’s ability to protect 

spectators and vessels from the potential 

safety hazards associated with a power 

boat race. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Detroit (COTP) has 

determined that potential hazards 

associated with the Roar on the River 

Powerboat Race on September 25, 2021, 

will be a safety concern for anyone 

navigating within the Trenton Channel 

in the Detroit River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation from 11 a.m. 

through 1 p.m. on September 25, 2021. 

In light of the aforementioned hazards, 

the COTP has determined that a special 

local regulation is necessary to protect 

spectators, vessels, and participants. 

The special local regulation will 

encompass the following waterway: All 

waters of the Detroit River encompassed 

within the following four points: From 

point 42°14.160′ N, 083°08.580′ W (NAD 

83); a line drawn south to point 

42°14.140′ N, 083°08.400′ W (NAD 83); 

a line drawn east to position 

′42°14.1407′ N, 083°08.280′ W (NAD 

83); a line drawn north to position 

′42°14.0407′ N, 083°08.460′ W (NAD 

83); a line drawn west to point 

42°14.160′ N, 083°08.580′ W (NAD 83). 

The COTP or a designated on-scene 

representative will notify the public of 

the enforcement of this rule by all 

appropriate means, including a 

Broadcast Notice to Mariners. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 


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