83_FR_51019 83 FR 50823 - Organization

83 FR 50823 - Organization

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50823-50826
FR Document2018-22011

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.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50823-50826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22011]


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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.
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    \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



                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                                50823

                                             DEPARTMENT OF TRANSPORTATION                             14 CFR part 71.1. The Class D and E                         This rule is effective on
                                                                                                                                                             DATES:
                                                                                                      airspace designations listed in this                   November 9, 2018.
                                             Federal Aviation Administration                          document will be published                             FOR FURTHER INFORMATION CONTACT:
                                                                                                      subsequently in the Order.                             Alice Kottmyer, Attorney Adviser,
                                             14 CFR Part 71                                                                                                  Office of Management, Office of the
                                                                                                      Availability and Summary of
                                             [Docket No. FAA–2018–0062; Airspace                      Documents for Incorporation by                         Legal Adviser, (202) 647–2318,
                                             Docket No. 18–ASO–3]                                     Reference                                              kottmyeram@state.gov.
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                             RIN 2120–AA66                                               This document amends FAA Order
                                                                                                      7400.11B, Airspace Designations and                    Why is the Department promulgating
                                             Amendment of Class D and Class E                         Reporting Points, dated August 3, 2017,                this rule?
                                             Airspace; Pensacola, FL, and                             and effective September 15, 2017. FAA
                                             Establishment of Class E Airspace;                                                                                The Freedom of Information Act (5
                                                                                                      Order 7400.11B is publicly available as                U.S.C. 552(a)(1) requires that agencies
                                             Milton, FL                                               listed in the ADDRESSES section of this                publish in the Federal Register certain
                                             AGENCY:  Federal Aviation                                document. FAA Order 7400.11B lists                     information.1 The Department provides
                                             Administration (FAA), DOT.                               Class A, B, C, D, and E airspace areas,                this information in Part 5 of Title 22,
                                             ACTION: Final rule, correction.                          air traffic service routes, and reporting              Code of Federal Regulations. The
                                                                                                      points.                                                Department last amended Part 5 in
                                             SUMMARY:  This action corrects a final                                                                          1968; it is, therefore, obsolete. This
                                             rule published in the Federal Register                   Correction to Final Rule
                                                                                                                                                             rulemaking provides the necessary
                                             on August 29, 2018, amending Class D                     ■ Accordingly, pursuant to the authority               updates.
                                             airspace and Class E airspace extending                  delegated to me, in the Federal Register
                                             upward from 700 feet above the surface,                  of August 29, 2018 (83 FR 43968) FR                    What are the substantive changes from
                                             and establishing Class E surface airspace                Doc. 2018–18644, the amendment of                      the current Part 5?
                                             at Choctaw Naval Outlying Field                          Class D Airspace and Class E Airspace;                    The Authorities section and §§ 5.1
                                             (NOLF), Milton, FL. Additional text was                  Pensacola, FL, and Establishment of                    and 5.2 are updated to reflect current
                                             inadvertently omitted from the NOTAM                     Class E Airspace; Milton, FL is corrected              authorities. Section 5.2 contains a new
                                             information of Class D airspace and                      as follows:                                            provision that refers to the Department’s
                                             Class E surface airspace for Choctaw                                                                            practice of publishing certain
                                             NOLF.                                                    § 71.1   [Amended]                                     delegations of authority in the Federal
                                             DATES: Effective 0901 UTC, January 3,                    ASO FL D      Milton, FL [Corrected]
                                                                                                                                                             Register. Section 5.2 also contains a
                                             2019. The Director of the Federal                                                                               reference to the new § 5.5, which
                                             Register approves this incorporation by                  ■ On page 43970, column 1, line 10,                    describes the Foreign Affairs Manual
                                             reference action under title 1 Code of                   insert the words ‘‘in advance’’ after the              and Foreign Affairs Handbook.
                                             Federal Regulations part 51, subject to                  word ‘‘established’’.                                     Section 5.3, containing the bureau
                                             the annual revision of FAA Order                                                                                names, contact addresses, and websites
                                                                                                      ASO FL E2         Milton, FL [Corrected]               of Department offices, is totally revised
                                             7400.11 and publication of conforming
                                             amendments.                                                                                                     from the last amendment of this rule in
                                                                                                      ■ On page 43970, column 1 line 30,
                                             FOR FURTHER INFORMATION, CONTACT:
                                                                                                                                                             1968.
                                                                                                      insert the words ‘‘in advance’’ after the                 Section 5.4 provides a list of
                                             John Fornito, Operations Support                         word ‘‘established’’.
                                             Group, Eastern Service Center, Federal                                                                          substantive rules of general
                                                                                                         Issued in College Park, Georgia, on October         applicability, and where the public can
                                             Aviation Administration, 1701                            2, 2018.
                                             Columbia Avenue, College Park, GA                                                                               find them in 22 CFR. Provisions that
                                                                                                      Kenneth Brissenden,                                    were not listed in 1968 include: Part 22
                                             30337; telephone (404) 305–6364.
                                                                                                      Acting Manager, Operations Support Group,              (Schedule of Fees for Consular
                                             SUPPLEMENTARY INFORMATION:                               Eastern Service Center, Air Traffic                    Services); Part 103 (Chemical Weapons
                                             History                                                  Organization.                                          Convention Regulations); Part 104
                                               The FAA published a final rule in the
                                                                                                      [FR Doc. 2018–21884 Filed 10–9–18; 8:45 am]            (International Trafficking in Persons);
                                             Federal Register (83 FR 43968, August
                                                                                                      BILLING CODE 4910–13–P                                 Part 141 et seq. (Civil Rights); Part 171
                                             29, 2018) for Doc. No. FAA–2018–0062,                                                                           (Availability of Information and Records
                                             amending Class D airspace and Class E                                                                           to the Public); Part 172 (Service of
                                             airspace extending upward from 700                       DEPARTMENT OF STATE                                    Process); Part 173 (Availability of Public
                                             feet or more above the surface, and
                                                                                                      22 CFR Part 5                                            1 (A) Descriptions of its central and field
                                             establishing Class E surface airspace at                                                                        organization and the established places at which,
                                             Choctaw Naval Outlying Field (NOLF),                     [Public Notice 10513]                                  the employees (and in the case of a uniformed
                                             Milton, FL. Subsequent to publication,                                                                          service, the members) from whom, and the methods
                                             the FAA found that the NOTAM                             RIN 1400–AE18                                          whereby, the public may obtain information, make
                                                                                                                                                             submittals or requests, or obtain decisions; (B)
                                             information listed in the legal                          Organization                                           Statements of the general course and method by
                                             description of the airport in Class D                                                                           which its functions are channeled and determined,
                                             airspace and Class E surface airspace                    AGENCY:    State Department.                           including the nature and requirements of all formal
                                             omitted text. This action corrects the                                                                          and informal procedures available; (C) Rules of
                                                                                                      ACTION:   Final rule.                                  procedure, descriptions of forms available or the
daltland on DSKBBV9HB2PROD with RULES




                                             error.                                                                                                          places at which forms may be obtained, and
                                               Class D airspace and Class E airspace                  SUMMARY:   The Department of State (the                instructions as to the scope and contents of all
                                             designations are published in                            Department) updates and revises the                    papers, reports, or examinations; (D) Substantive
                                             paragraphs 5000 and 6002, respectively,                  rules that set forth its organization, rules           rules of general applicability adopted as authorized
                                                                                                                                                             by law, and statements of general policy or
                                             of FAA Order 7400.11B dated August 3,                    of procedure, place at which the public                interpretations of general applicability formulated
                                             2017, and effective September 15, 2017,                  may obtain forms, and its substantive                  and adopted by the agency; and (E) Each
                                             which was incorporated by reference in                   rules of general applicability.                        amendment, revision, or repeal of the foregoing.



                                        VerDate Sep<11>2014    16:31 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00019    Fmt 4700   Sfmt 4700   E:\FR\FM\10OCR1.SGM   10OCR1


                                             50824            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             Diplomacy Material in the United                         regulation, i.e., ensuring compliance                 § 5.1    Introduction.
                                             States); and Part 181 (Coordination,                     with FOIA and providing information                     This part provides information to the
                                             Reporting, and Publication of                            and transparency to the public,                       public as required by the Freedom of
                                             International Agreements).                               outweigh any costs.                                   Information Act, 5 U.S.C. 552(a)(1).
                                               Section 5.5 is new. It describes the
                                             Foreign Affairs Manual and the Foreign                   Executive Orders 12372 and 13132:
                                                                                                                                                            § 5.2    Central and field organization.
                                             Affairs Handbook, which is a collection                  Federalism
                                             of directives that provide procedures                      This regulation will not have                          (a) The central organization of the
                                             and policies on matters relating to                      substantial direct effects on the States,             Department of State is prescribed by the
                                             Department management and personnel.                     on the relationship between the national              State Department Basic Authorities Act
                                                                                                      government and the States, or the                     of 1956, as amended (Pub. L. 84–885),
                                             Regulatory Findings                                      distribution of power and                             codified at 22 U.S.C. 2651 et seq. and
                                             Administrative Procedure Act                             responsibilities among the various                    the Foreign Affairs Manual (see § 5.5).
                                               This rule is a rule of agency                          levels of government. The rule will not                  (b) As used in this part, the term
                                             organization, procedure, or practice.                    have federalism implications warranting               ‘‘Department of State’’ includes all
                                             The Department publishes it as a final                   the application of Executive Orders                   offices within the Department in
                                             rule in accordance with 5 U.S.C.                         12372 and 13132.                                      Washington, its domestic field offices in
                                             553(b)(A).                                               Executive Order 12988: Civil Justice                  the United States, all U.S. diplomatic
                                                                                                      Reform                                                and consular posts throughout the
                                             Regulatory Flexibility Act/Executive                                                                           world, and U.S. missions to
                                             Order 13272: Small Business                                 The Department has reviewed the                    international organizations unless
                                               The Department certifies that this rule                regulation in light of sections 3(a) and              otherwise specified.
                                             will not have a significant economic                     3(b)(2) of Executive Order 12988 to
                                                                                                      eliminate ambiguity, minimize                            (c) Any person desiring information
                                             impact on a substantial number of small                                                                        concerning a matter handled by the
                                             entities.                                                litigation, establish clear legal
                                                                                                      standards, and reduce burden.                         Department of State, or any person
                                             Unfunded Mandates Reform Act of 1995                                                                           desiring to make a submittal or request
                                                                                                      Executive Order 13563: Improving                      in connection with such a matter,
                                                Section 202 of the Unfunded                           Regulation and Regulatory Review                      should communicate either orally or in
                                             Mandates Reform Act of 1995, 2 U.S.C.                                                                          writing with the appropriate office. If
                                             1532, generally requires agencies to                       The Department has considered this
                                                                                                      rule in light of Executive Order 13563,               the office receiving the communication
                                             prepare a statement before proposing                                                                           does not have jurisdiction to handle the
                                             any rule that may result in an annual                    dated January 18, 2011, and affirms that
                                                                                                      this regulation is consistent with the                matter, the communication, if written,
                                             expenditure of $100 million or more by                                                                         will be forwarded to the proper office,
                                             State, local, or tribal governments, or by               guidance therein.
                                                                                                                                                            or, if oral, the person will be advised
                                             the private sector. This rule will not                   Executive Order 13771—Reducing                        how to proceed. When the submittal or
                                             result in any such expenditure, nor will                 Regulation and Controlling Regulatory                 request from a member of the public
                                             it significantly or uniquely affect small                Costs                                                 consists of a formal application for one
                                             governments.                                               This rule is not expected to be an E.O.             of the documents, privileges, or other
                                             Small Business Regulatory Enforcement                    13771 regulatory action because this                  benefits provided for in the laws
                                             Fairness Act of 1996                                     rule is not significant under E.O. 12866.             administered by the Department of
                                                This rule is not a major rule as                                                                            State, or in the regulations
                                                                                                      Paperwork Reduction Act
                                             defined by 5 U.S.C. 804. The                                                                                   implementing these laws, the member of
                                                                                                        This rule does not impose new or                    the public should follow the
                                             Department is aware of no monetary                       revised information collection
                                             effect on the economy that would result                                                                        instructions on the form as to
                                                                                                      requirements under the provisions of                  preparation and place of submission.
                                             from this rulemaking, nor will there be                  the Paperwork Reduction Act, 44 U.S.C.
                                             any increase in costs or prices; or any                                                                           (d) From time to time, the Secretary
                                                                                                      chapter 35.
                                             effect on competition, employment,                                                                             of State will, to the extent authorized by
                                             investment, productivity, innovation, or                 List of Subjects in 22 CFR Part 5                     law, delegate statutory or other
                                             the ability of United States-based                         Organization and functions                          authorities to subordinate officers, as
                                             companies to compete with foreign-                       (Government agencies).                                authorized by 22 U.S.C. 2651a(a)(4). The
                                             based companies in domestic and                            For the reasons set forth in the                    Department will generally publish such
                                             import markets.                                          preamble, the Department of State                     delegations of authority in the Federal
                                                                                                      revises 22 CFR part 5 to read as follows:             Register.
                                             Executive Order 12866
                                                The Department of State does not                                                                            § 5.3 Rules of procedure, description of
                                                                                                      PART 5—ORGANIZATION                                   forms available, or the places at which
                                             consider this rule to be a ‘‘significant
                                                                                                                                                            forms may be obtained.
                                             regulatory action’’ under Executive                      Sec.
                                             Order 12866, section 3(f), Regulatory                    5.1 Introduction.                                        Rules of procedure regarding the
                                             Planning and Review. The Department                      5.2 Central and field organization.                   following listed matters may be
                                                                                                      5.3 Rules of procedure, description of forms
                                             of State has reviewed this rule to ensure                     available, or the places at which forms
                                                                                                                                                            consulted under the corresponding
                                             its consistency with the regulatory                           may be obtained.                                 regulations referenced in § 5.4, or
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                                             philosophy and principles set forth in                   5.4 Substantive rules of general                      obtained upon application to the offices
                                             Executive Order 12866. This rule deals                        applicability adopted as authorized by           listed below. Forms pertaining to the
                                             with Department organization and                              law.                                             following listed matters, and
                                             procedures and will not impose any                       5.5 The Foreign Affairs Manual and the                instructions relating thereto may also be
                                             costs on the public. The Department has                       Foreign Affairs Handbook.                        obtained at the offices indicated in the
                                             determined that the benefits of this                       Authority: 22 U.S.C. 2651a; 5 U.S.C. 552.           following table 1 to § 5.3:



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                                                                Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                                                      50825

                                                                                                                                         TABLE 1 TO § 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 Gen-
                                                                                                                                                                    eral, please see 22 CFR 171.4(a).
                                             Appointment of Foreign Service Offi-                    Board of Examiners for the For-                             Board of Examiners for the Foreign Service, Department of State,
                                               cers.                                                   eign Service.                                                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 cultural                  Bureau of Educational and Cul-                              For ECA-funded programs, Department of State, 2200 C Street NW,
                                                exchange programs.                                      tural Affairs.                                              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.
                                             International Traffic in Arms Regula-                   Directorate of Defense Trade Con-                           U.S. Department of State, Directorate of Defense Trade Controls,
                                                tions.                                                 trols.                                                       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 fed-
                                                                                                                                                                    eral holidays), NPIC@state.gov.
                                             Organizational chart .........................          .......................................................     https://www.state.gov/r/pa/ei/rls/dos/99484.htm.
                                             Procurements and assistance, do-                        Office of the Procurement Execu-                            U.S. Department of State, A/OPE (SA–15, Suite 1060), Washington,
                                               mestic/international          acquisition                tive.                                                       DC 20522, FAX 703–875–6155.
                                               and federal assistance policy.
                                             Protection and welfare of U.S. citi-                    Overseas Citizen Services ............                      https://travel.state.gov/, 888–407–4747 (from U.S. and Canada), +1
                                               zens, intercountry adoption, inter-                                                                                  202–501–4444 (from Overseas).
                                               national child abduction, and other
                                               consular services abroad.
                                             Treaties and international agree-                       Office of the Assistant Legal Ad-                           https://www.state.gov/s/l/treaty/.
                                               ments.                                                  viser 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.



                                             § 5.4 Substantive rules of general                                        (6) International Educational and                                    (17) Availability of Public Diplomacy
                                             applicability adopted as authorized by law.                             Cultural Exchanges. 22 CFR part 62 et                               Program Material in the United States.
                                               (a) The regulations of the Department                                 seq.                                                                22 CFR part 173.
                                             of State required to be published under                                   (7) Protection and Welfare of                                        (18) Coordination, Reporting, and
                                             the provisions of the Administrative                                    Americans Abroad. 22 CFR part 71 et                                 Publication of International Agreements.
                                             Procedure Act are found in the Code of                                  seq.                                                                22 CFR part 181.
                                             Federal Regulations (generally in title                                   (8) Other Consular Services Abroad.                                  (c) The regulations listed in paragraph
                                             22) and in the Federal Register. Any                                    22 CFR part 92 et seq.                                              (b) of this section are supplemented
                                             person desiring information with                                          (9) Chemical Weapons Convention                                   from time to time by amendments
                                             respect to a particular procedure should                                Regulations. 22 CFR part 103.                                       appearing initially in the Federal
                                             examine the pertinent regulation cited                                    (10) International Trafficking in                                 Register.
                                             in paragraph (b) of this section.                                       Persons. 22 CFR part 104.                                           § 5.5. The Foreign Affairs Manual and the
                                               (b) The following paragraphs (b)(1)                                     (11) International Traffic in Arms                                Foreign Affairs Handbook.
                                             through (18) are citations to regulations                               Regulations. 22 CFR part 121 et seq.
                                                                                                                                                                                           The Department articulates official
                                             within the scope of this section:                                         (12) Certificates of Authentication. 22                           guidance, including procedures and
                                               (1) Appointment of Foreign Service                                    CFR part 131 et seq.                                                policies, on matters relating to
                                             Officers. 22 CFR part 11 et seq.                                          (13) Civil Rights, including                                      Department management and personnel
                                               (2) Schedule of Fees for Consular                                     implementation of Sections 504 and 508                              in the Foreign Affairs Manual (FAM)
                                             Services. 22 CFR part 22.                                               of the Rehabilitation Act of 1973. 22                               and the Foreign Affairs Handbook
                                                                                                                     CFR part 141 et seq.                                                (FAH) series. Some of these directives
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                                               (3) Claims and Stolen Property. 22                                      (14) Department of State Acquisition
                                             CFR part 31 et seq.                                                                                                                         are promulgated pursuant to statute,
                                                                                                                     Regulation. 48 CFR chapter 6.                                       such as the Secretary of State’s authority
                                               (4) Issuance of Visas. 22 CFR parts                                     (15) Availability of Information and                              to prescribe regulations for the Foreign
                                             41–42 et seq.                                                           Records to the Public. 22 CFR part 171.                             Service as provided in Section 206 of
                                               (5) Nationality and Passports. 22 CFR                                   (16) Service of Process. 22 CFR part                              the Foreign Service Act of 1980, as
                                             part 50 et seq.                                                         172.                                                                amended, 22 U.S.C. 3926. The FAMs


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                                             50826            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             and FAHs that are publicly available are                 Government Act of 2007 (OPEN Act),                    previously published its fees on
                                             located on the Department’s public                       among other things, provided a statutory              December 2, 1998 in its Interim
                                             website, at https://fam.state.gov/.                      definition of a ‘‘representative of the               Compendium. Under this final rule, the
                                                Dated: September 26, 2018.                            news media’’ on September 14, 2007.                   Trust’s Executive Director will set fees
                                             Alicia A. Frechette,                                     The FOIA Improvement Act of 2016                      for processing these requests and will
                                                                                                      (FOIA Act) amended the FOIA on June                   publish the fees on the Trust’s website
                                             Executive Director, Office of the Legal Adviser
                                             and Bureau of Legislative Affairs, Department            30, 2016. The Trust’s final rule                      instead of the Interim Compendium.
                                             of State.                                                conforms its regulations to the                       With these changes, the fees previously
                                             [FR Doc. 2018–22011 Filed 10–9–18; 8:45 am]              definition of a ‘‘representative of the               listed in § 1007.9 of the Interim
                                                                                                      news media’’ in the OPEN Act and                      Compendium will no longer be
                                             BILLING CODE 4710–10–P
                                                                                                      conforms its regulations to the FOIA                  effective.
                                                                                                      Act, as well as to the Department of                  Revisions to 36 CFR Part 1008
                                                                                                      Justice’s revised FOIA regulations.                   (Requests Under the Privacy Act)
                                             PRESIDIO TRUST
                                                                                                      Specifically, this rule revises § 1007.1
                                                                                                      (Purpose and scope) by adding                            The Trust adopted Privacy Act
                                             36 CFR Parts 1007, 1008, 1009 and                                                                              regulations effective January 29, 1999.
                                             1011                                                     references to the text of FOIA and the
                                                                                                      Trust’s Privacy Act regulations; § 1007.2             There has been little statutory change to
                                             RIN 3212–AA08; 3212–AA09; 3212–AA10;                     (Records available) by adopting a policy              the Privacy Act of 1974 since the Trust
                                             3212–AA11                                                                                                      adopted its Privacy Act regulations.
                                                                                                      of presumption of openness and the
                                                                                                      ‘‘foreseeable harm’’ standard; § 1007.3               However, this rule conforms its
                                             Freedom of Information Act; Privacy                                                                            regulations to guidance issued by the
                                             Act; Federal Tort Claims Act; Debt                       (Requests for records) by providing a
                                                                                                      requester an opportunity to consult with              Department of Justice and the Office of
                                             Collection Regulations                                                                                         Management and Budget. Specifically,
                                                                                                      the Trust’s FOIA Officer to perfect a
                                             AGENCY:    Presidio Trust.                               request and adding procedures to verify               this rule revises § 1008.2 (Definitions)
                                             ACTION:   Final rule.                                    the requester’s identity; § 1007.4                    by changing the definition of
                                                                                                      (Preliminary processing of requests) by               ‘‘individual’’; § 1008.9 (Disclosure of
                                             SUMMARY:   This final rule revises                       specifying the date used for searching,               records) by adding procedures for notice
                                             Presidio Trust (Trust) regulations                       adding consultation and referral                      of court-ordered and emergency
                                             addressing requests under the Freedom                    procedures for requests of records of                 disclosures; and §§ 1008.11 (Request for
                                             of Information Act (FOIA), requests                                                                            notification of existence of records:
                                                                                                      other departments and agencies,
                                             under the Privacy Act, administrative                                                                          Submission), 1008.14 (Requests for
                                                                                                      clarifying that consultation with
                                             claims under the Federal Tort Claims                                                                           access to records: Submission), and
                                                                                                      submitters of commercial or financial
                                             Act (FTCA), and Debt Collection. The                                                                           1008.19 (Petitions for amendment:
                                                                                                      information includes consultation with
                                             Trust is revising these regulations to                                                                         Submission and form) by adding
                                                                                                      entities that are not individuals, and
                                             update, clarify and streamline the                                                                             procedures to verify the requester’s
                                                                                                      adding procedures to notify submitters
                                             language of several procedural                                                                                 identity.
                                                                                                      and requesters of actions taken with
                                             provisions, and to incorporate                                                                                    This rule also revises § 1008.15
                                                                                                      respect to requests containing
                                             amendments pursuant to the OPEN                                                                                (Requests for access to records: Initial
                                                                                                      commercial or financial information;
                                             Government Act of 2007, the FOIA                                                                               decision) to update the fees charged by
                                             Improvement Act of 2016, and the                         § 1007.5 (Action on initial requests) by
                                                                                                      specifying decisions that constitute                  the Trust for processing Privacy Act
                                             Digital Accountability and                                                                                     requests. The Trust previously
                                             Transparency Act of 2014.                                adverse determinations of requests,
                                                                                                      adding procedures for notifying                       published its fees on December 2, 1998
                                             DATES: These final rules are effective                                                                         in its Interim Compendium. Under this
                                                                                                      requesters of dispute resolution
                                             November 15, 2018.                                                                                             final rule, the Trust’s Executive Director
                                                                                                      services, and adding types of requests
                                             FOR FURTHER INFORMATION CONTACT:                         that would qualify for expedited                      will set fees for processing these
                                             Steve Carp, Legal Analyst, (415) 561–                    processing; § 1007.6 (Time limits for                 requests and will publish the fees on the
                                             5300, scarp@presidiotrust.gov.                           processing initial requests) by adding                Trust’s website instead of the Interim
                                             SUPPLEMENTARY INFORMATION:                               procedures for a requester to modify a                Compendium. With these changes, the
                                                                                                      request when an extension of time is                  fees previously listed in § 1008.15 of the
                                             Background                                                                                                     Interim Compendium will no longer be
                                                                                                      necessary to respond to a request, and
                                               Section 104(j) of the Presidio Trust                   adding procedures for notifying                       effective.
                                             Act (16 U.S.C. 460bb appendix)
                                                                                                      requesters of dispute resolution                      Revisions to 36 CFR Part 1009
                                             authorizes the Trust to prescribe
                                                                                                      services; § 1007.7 (Appeals) by changing              (Administrative Claims Under the
                                             regulations governing the manner in
                                                                                                      the time period for requesters to file an             FTCA)
                                             which it conducts its business and
                                                                                                      administrative appeal from 20 working                    The Trust adopted FTCA regulations
                                             exercises its powers. This final rule
                                                                                                      days to 90 calendar days and requiring                effective January 29, 1999. This final
                                             revises the Trust’s administrative
                                                                                                      an appeal of an adverse determination                 rule revises § 1009.4 (Payment of
                                             regulations at 36 CFR part 1007 (FOIA),
                                                                                                      before seeking a court order; § 1007.8                claims) by adding procedures the Trust
                                             part 1008 (Privacy Act), part 1009
                                                                                                      (Action on appeals) by adding                         uses to pay FTCA claims from its
                                             (FTCA), and part 1011 (Debt Collection),
                                                                                                      procedures for notifying requesters of                proceeds or revenues.
                                             as described below. In addition, the
                                             Trust has made minor ministerial                         dispute resolution services; and § 1007.9
                                                                                                      (Fees) by adding definitions for the                  Revisions to 36 CFR Part 1011 (Debt
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                                             changes and corrected typographical                                                                            Collection)
                                             errors to these parts of its regulations.                terms ‘‘direct costs’’ and ‘‘review’’ and
                                                                                                      modifying the definition for                            The Trust adopted debt collection
                                             Revisions to 36 CFR Part 1007                            ‘‘representative of the news media.’’                 regulations effective January 12, 2006.
                                             (Requests Under the FOIA)                                   This rule also revises § 1007.9 to                 The Digital Accountability and
                                                The Trust adopted FOIA regulations                    update the fees charged by the Trust for              Transparency Act of 2014 amended
                                             effective January 29, 1999. The OPEN                     processing FOIA requests. The Trust                   federal debt collection law to require


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Document Created: 2018-10-10 17:36:16
Document Modified: 2018-10-10 17:36:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on November 9, 2018.
ContactAlice Kottmyer, Attorney Adviser, Office of Management, Office of the Legal Adviser, (202) 647-2318, [email protected]
FR Citation83 FR 50823 
RIN Number1400-AE18

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