[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Rules and Regulations]
[Pages 15054-15055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07220]



15 CFR Part 2008

Removal of the Office of the United States Trade Representative 
Rules Concerning Classification and Safeguarding of National Security 

AGENCY: Office of the United States Trade Representative.

ACTION: Final rule.


SUMMARY: This rule removes part 2008 of the Office of the United States 
Trade Representative's (USTR) regulations, which established policy and 
procedure for the classification and safeguarding of national security 
information by USTR staff. USTR has replaced the rule, which was 
promulgated in 1979 and is based on a superseded Executive Order, with 
updated plain language guidance that is available on the USTR website.

DATES: The final rule is effective April 9, 2018.

FOR FURTHER INFORMATION CONTACT: Janice Kaye, Monique Ricker or Melissa 
Keppel, Office of General Counsel, United States Trade Representative, 
Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW, 
Washington, DC 20509, jkaye@ustr.eop.gov; mricker@ustr.eop.gov; 
mkeppel@ustr.eop.gov; 202-395-3150.

SUPPLEMENTARY INFORMATION: On September 26, 1979, USTR's predecessor, 
the Office of the Special Representative for Trade Negotiations, 
published a rule to establish policies and procedures for the security 
classification, downgrading, declassification, and safeguarding on 
national security information. See 44 FR 55328-331. The rule, codified 
at 15 CFR part 2008, is based on a superseded Executive Order, and has 
never been updated. USTR recently issued Classification Guidance based 
on current legal and policy requirements. The Guidance sets out the 
policies and procedures for classifying, downgrading, and declassifying 
national security information and provides for the protection of USTR 
information and its availability to authorized users. USTR will update 
the guidance as necessary to reflect changes to the governing Executive 
Order, currently Executive Order 13526 of December 29, 2009, Classified 
National Security Information, and implementing rules issued by the 
Information Security Oversight Office (ISOO) (32 CFR part 2001). The 
Guidance is available on the USTR website: https://ustr.gov/about-us/reading-room/declassification-program.

Administrative Procedure and Regulatory Flexibility Acts

    USTR finds good cause to waive prior notice and an opportunity for 
public comment, and to make the rule effective immediately, because it 
removes an obsolete regulation that USTR has replaced with current 
guidance. Public input is not necessary and delaying codification is 
not in the public interest. See 5 U.S.C. 553(b)(B) and 553(d)(3). The 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply to 
this final rule since prior notice and an opportunity for public 
comment are not required.

[[Page 15055]]

Paperwork Reduction Act

    The final rule does not contain any information collection 
requirement that requires the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 15 CFR Part 2008

    Administrative practice and procedure, Classified information.


For the reasons stated in the preamble, and under the authority of 19 
U.S.C. 2171(e)(3), the Office of the United States Trade Representative 
removes and reserves part 2008 of chapter XX of title 15 of the Code of 
Federal Regulations.

Janice Kaye,
Chief Counsel for Administrative Law, Office of the U.S. Trade 
[FR Doc. 2018-07220 Filed 4-6-18; 8:45 am]