[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Rules and Regulations]
[Pages 4238-4239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1851]


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DEPARTMENT OF STATE

22 CFR Part 8

RIN 1400-AC64
[Public Notice 7773]


Advisory Committee Management

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This final rule removes regulations which implement the 
Federal Advisory Committee Act (FACA) for the Department of State. The 
Department of State implementation of FACA is now governed by the rules 
promulgated by GSA and internal policy guidance in the Foreign Affairs 
Manual.

DATES: Effective Date: This rule is effective on February 27, 2012.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Office of the Legal 
Adviser, who may be reached at (202) 647-2318.

SUPPLEMENTARY INFORMATION: Pursuant to Section 8(a) of the Federal 
Advisory Committee Act (FACA), 5 U.S.C. Appendix, agency heads are 
required to establish uniform administrative guidelines and management 
controls for advisory committees established by that agency.
    The Department of State first finalized its rules, codified at 22 
CFR Part 8, in 1975. Since then, GSA has promulgated comprehensive 
guidance at 41 CFR Part 102-3, and the Department recently published 
updated internal guidance that implements FACA and the GSA regulations. 
The Department guidance is in Volume 11 of the Foreign Affairs Manual, 
and can be found at: http://www.state.gov/documents/organization/176811.pdf. The provisions of Part 8 are obsolete and are hereby 
removed.

Regulatory Analyses

Administrative Procedure Act

    Removing 22 CFR part 8 is a decision regarding the Department's 
organization, procedure, or practice and is not subject to the notice-
and-comment procedures of 5 U.S.C. 553(b).

Regulatory Flexibility Act/Executive Order 13272: Small Business

    The Department certifies that this rulemaking is 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. 601-612, 
and Executive Order 13272, section 3(b).

[[Page 4239]]

The Small Business Regulatory Enforcement Fairness Act of 1996

    This rulemaking is not a major rule as defined by 5 U.S.C. 804, for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. This rulemaking will not result in an annual effect on the economy 
of $100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

The 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 or adopting 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 rulemaking will not result in any such 
expenditure nor will it significantly or uniquely affect small 
governments.

Executive Orders 12372 and 13132: Federalism

    This rulemaking 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 rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

Executive Order 12866: Regulatory Review

    Although the Department of State is generally exempt from the 
provisions of Executive Order 12866, it has reviewed this rulemaking to 
ensure its consistency with the regulatory philosophy and principles 
set forth in that Executive Order, and has determined that the benefits 
of the regulation justify any costs. The Department does not consider 
this rulemaking to be a significant regulatory action within the scope 
of section 3(f)(1) of the Executive Order.

Executive Order 13563

    The Department of State 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 12988: Civil Justice Reform

    The Department has reviewed this rulemaking in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rulemaking.

The Paperwork Reduction Act of 1995

    The Department of State has determined that this rulemaking does 
not require any collection of information under the Paperwork Reduction 
Act.

List of Subjects in 22 CFR Part 8

    Advisory Committee Management.

    Accordingly, under the authority of 22 U.S.C. 2651a, for the 
reasons set forth in the preamble, the Department removes 22 CFR Part 
8.

PART 8--[REMOVED]

    Dated: January 12, 1012.
Patrick J. Kennedy,
Under Secretary for Management.
[FR Doc. 2012-1851 Filed 1-26-12; 8:45 am]
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