[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22118-22119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08718]
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DEPARTMENT OF STATE
22 CFR Part 181
[Public Notice: 11408]
RIN 1400-AE98
Publication, Coordination, and Reporting of International
Agreements
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Treaties and Other International Acts Series (TIAS) is the
official treaty series of the United States and serves as evidence of
the treaties, and international agreements other than treaties, in all
courts of law and equity of the United States, and in public offices of
the federal government and of the states, without any need of further
authentication. Certain international agreements may be exempted from
publication in TIAS, if the Department of State (the Department)
provides notice in its regulations. This rule updates those regulations
to clarify the scope of an existing exemption.
DATES: This rule is effective May 27, 2021.
FOR FURTHER INFORMATION CONTACT: Michael Mattler, Treaty Affairs,
Office of the Legal Adviser, Department of State, Washington, DC 20520,
(202) 647-1345, or at treatyoffice@state.gov.
SUPPLEMENTARY INFORMATION: This rule finalizes a proposed rule
published by the Department of State on December 7, 2020. 85 FR 78813.
The Department provided 60 days for comment; no relevant public
comments were received.
Background
Pursuant to 1 U.S.C. 112a, the Secretary of State is required to
cause to be published annually a compilation of all treaties and
international agreements to which the United States is a party that
were signed, proclaimed, or ``with reference to which any other final
formality ha[d] been executed'' during the calendar year. The Secretary
of State, however, may determine that publication of particular
categories of agreements is not required if certain criteria are met
(See 1 U.S.C. 112a(b)).
As explained in the NPRM, the Department is amending 22 CFR
181.8(a)(9) to read ``Agreements that have been given a national
security classification pursuant to Executive Order No. 13526, its
predecessors or successors, or are otherwise exempt from public
disclosure pursuant to U.S. law.''
The scope of this new exemption includes agreements that have not
been given a national security classification pursuant to Executive
Order No. 13526, its predecessors or successors, but nonetheless are
exempt from public disclosure pursuant to U.S. law. The principal
category of agreements for which this clarification is relevant are
agreements that are exempt from public disclosure pursuant to 10 U.S.C.
130c, which authorizes specified national security officials to
withhold from public disclosure otherwise required by law sensitive
information of foreign governments and international organizations.
Regulatory Analysis
Administrative Procedure Act
The Department issued the rule for comment in accordance with the
Administrative Procedure Act (5 U.S.C. 553).
Regulatory Flexibility Act/Executive Order 13272: Small Business
This rulemaking is hereby certified as not expected to have a
significant impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
Congressional Review Act
This rulemaking does not constitute a major rule, as defined by 5
U.S.C. 804, for purposes of congressional review of agency rulemaking.
The Unfunded Mandates Reform Act of 1995
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 would it significantly or
uniquely affect small governments.
Executive Orders 12372 and 13132: Federalism and Executive Order 13175,
Impact on Tribes
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Nor will the regulations have federalism
implications warranting the application of Executive Orders 12372 and
13132. This rule will not have tribal implications, will not impose
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Executive Orders 12866 and 13563: Regulatory Review
This rule has been drafted in accordance with the principles of
Executive Orders 12866 and 13563. This rule has been determined to be a
significant rulemaking under section 3 of Executive Order 12866, but
not economically significant. With respect to the costs and benefits of
this rule, the Department notes that agreements addressed by the
proposed clarification are, by definition, already exempt from public
disclosure pursuant to U.S. law. The proposed rule is intended to
provide greater clarity to the application of the existing rule rather
than to effect a change in existing practices regarding the publication
of agreements. For this reason, the Department does not anticipate any
costs to the public from this rulemaking. Therefore, the Department
believes that the benefits of this rulemaking outweigh any costs.
Executive Order 12988: Civil Justice Reform
This rule has been reviewed 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.
[[Page 22119]]
The Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval from OMB for each collection of
information they conduct, sponsor, or require through regulation. This
rule contains no new collection of information requirements.
List of Subjects in 22 CFR Part 181
Treaties.
For the reasons set forth above, 22 CFR part 181 is amended as
follows:
PART 181--COORDINATION, REPORTING AND PUBLICATION OF INTERNATIONAL
AGREEMENTS
0
1. The authority section for part 181 continues to read as follows:
Authority: 1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a.
0
2. In Sec. 181.8, revise paragraph (a)(9) to read as follows:
Sec. 181.8 Publication.
(a) * * *
(9) Agreements that have been given a national security
classification pursuant to Executive Order No. 13526, its predecessors
or successors, or are otherwise exempt from public disclosure pursuant
to U.S. law.
* * * * *
Zachary A. Parker,
Director, Office of Directives Management, U.S. Department of State.
[FR Doc. 2021-08718 Filed 4-26-21; 8:45 am]
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