[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17488-17489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08277]


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DEPARTMENT OF STATE

22 CFR Part 172

[Public Notice: 10248]
RIN 1400-AE49


Service of Process; Production or Disclosure of Official 
Information in Response to Court Orders, Subpoenas, Notices of 
Depositions, Requests for Admissions, Interrogatories, or Similar 
Requests or Demands in Connection With Federal or State Litigation; 
Expert Testimony

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State corrects erroneous citations and 
typographical errors within part 172 by correcting or removing them.

DATES: This rule is effective on May 21, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, 202-
647-2318, [email protected].

SUPPLEMENTARY INFORMATION: Section 172 of Title 22, Code of Federal 
Regulations, describes procedures for the public to follow to request 
testimony or production of documents for litigation (so-called ``Touhy 
requests''). See United States ex rel. Touhy v. Ragen, 340 U.S. 462 
(1951).
    In this rulemaking, the Department is replacing the reference to 
Executive Order 12356 in the first sentence of Sec.  172.1(e) to 
instead reference Executive Order 13526 (75 FR 707), the most recent 
executive order relating to classified national security information. 
Executive Order 12356 was revoked by Executive Order 12958, which in 
turn was revoked by Executive Order 13526.
    The Department also corrects a typographical error in Sec.  
172.2(c) so that the first sentence references Sec.  172.3(c) instead 
of Sec.  173.3(c). Section 173.3(c) has no connection to service of 
process, whereas Sec.  172.3(c) relates directly to service of process.
    The Department deletes the following sentence in Sec.  172.5(a): 
``Where documents or other materials are sought, the party should 
provide a description using the types of identifying information 
suggested in 22 CFR 171.10(a) and 171.31.'' The two citations are not 
valid, and are likely artifacts from Part 172 as it existed in the 
past. The Department does not believe it is necessary to provide 
alternative citations. First, there are no analogs in the current 
regulation for the old Sec. Sec.  171.10(a) or 171.31. Second, since 
the sentence immediately preceding the eliminated sentence calls

[[Page 17489]]

upon requestors to be as specific as possible concerning the nature and 
relevance of the official information sought, the Department believes 
that the eliminated sentence is unnecessary.
    In Sec.  172.5(c), the Department replaces the reference to ``Sec.  
172.2'' to refer instead to Sec.  172.4, which is the proper section 
about the Department officials designated to render such decisions.
    The Department changes ``Respectively'' to ``Respectfully'' in 
Sec.  172.6(a)(4), so that the sentence makes more sense and also 
conforms with the wording of Sec.  172.6(b), which uses 
``respectfully'' in a similar manner.
    Finally, the Department corrects an office symbol in Sec.  172.2.

Regulatory Analyses

    The Department of State is publishing this rulemaking as a final 
rule, pursuant to 5 U.S.C. 553(b). This rulemaking is a rule of agency 
organization, procedure, or practice. The effective date of the rule is 
30 days after publication, as provided in the Administrative Procedure 
Act.
    The Department further finds that this is not a major rule; is not 
subject to the Unfunded Mandates Reform Act of 1995; will not have 
tribal implications as defined by Executive Order 13175; and will not 
have an impact on a substantial number of small entities under the 
Regulatory Flexibility Act. This rule is not an economically 
significant rule under Executive Order 12866, and the Department 
certifies that the benefits of this rulemaking outweigh any costs, 
which are minimal for the public. The Office of Information and 
Regulatory Affairs has designated this rule as ``non-significant'' as 
defined by Executive Order 12866. This rule is not an E.O. 13771 
regulatory action because this rule is not significant under E.O. 
12866.
    The Department of State has reviewed this rule in light of 
Executive Order 12988 to eliminate ambiguity, minimize litigation, 
establish clear legal standards, and reduce burden. This rule will not 
have substantial direct effect on the states, on the relationships 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, in accordance with Executive Order 13132, it is determined 
that this rule does not have sufficient federalism implications to 
require consultations or warrant the preparation of a federalism 
summary impact statement. The rulemaking does not impose any new 
information collections subject to the Paperwork Reduction Act.

List of Subjects in 22 CFR Part 172

    Administrative practice and procedure, Courts, Government 
employees.

    For the reasons set forth in the preamble, 22 CFR part 172 is 
amended as follows:

PART 172--SERVICE OF PROCESS; PRODUCTION OR DISCLOSURE OF OFFICIAL 
INFORMATION IN RESPONSE TO COURT ORDERS, SUBPOENAS, NOTICES OF 
DEPOSITIONS, REQUESTS FOR ADMISSIONS, INTERROGATORIES, OR SIMILAR 
REQUESTS OR DEMANDS IN CONNECTION WITH FEDERAL OR STATE LITIGATION; 
EXPERT TESTIMONY

0
1. The authority citation for part 172 is revised to read as follows:

    Authority:  5 U.S.C. 301; 8 U.S.C. 1202(f); 22 U.S.C. 2651a, 
2664, 3926.


Sec.  172.1  [Amended]

0
2. In Sec.  172.1(e), remove the phrase ``Executive Order 12356 on 
national security information (3 CFR, 1982 Comp., p. 166)'', and add in 
its place, ``Executive Order 13526 (3 CFR, 2009 Comp., p. 298)''.


Sec.  172.2  [Amended]

0
3. In Sec.  172.2:
0
a. Remove the phrase ``L/EX'' and add in its place ``L/H-EX'', wherever 
it occurs.
0
b. In the first sentence of paragraph (c), remove the citation ``and 
173.3(c)'' and add in its place ``and 172.3(c)''.


Sec.  172.5  [Amended]

0
4. In Sec.  172.5:
0
a. Remove the second sentence of paragraph (a).
0
b. In paragraph (c), remove the citation ``Sec.  172.2'' and add in its 
place ``Sec.  172.4''.


Sec.  172.6  [Amended]

0
5. In Sec.  172.6(a)(4), remove ``Respectively'' and add in its place 
``Respectfully''.

    Dated: April 9, 2018.
Alicia Frechette,
Executive Director, Office of the Legal Adviser and Bureau of 
Legislative Affairs.
[FR Doc. 2018-08277 Filed 4-19-18; 8:45 am]
 BILLING CODE 4710-10-P