[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Rules and Regulations]
[Pages 87671-87672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27837]


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DEPARTMENT OF STATE

22 CFR Part 181

[Public Notice: 12266]
RIN 1400-AF63


Publication, Coordination, and Reporting of International 
Agreements: Amendments; Correction

AGENCY: Department of State.

ACTION: Final rule; technical amendment.

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SUMMARY: The Department of State (``Department'') finalizes regulations 
regarding the publication, coordination, and reporting of international 
agreements, which were published for comment on October 2. No comments 
were received. In addition, the Department is amending one of the 
provisions to remove misleading text in the description of the criteria 
with respect to qualifying non-binding instruments in the amended rule.

DATES: This rule is effective on December 19, 2023.

FOR FURTHER INFORMATION CONTACT: Michael Mattler, Assistant Legal 
Adviser for Treaty Affairs, Office of the Legal Adviser, Department of 
State, Washington, DC 20520, (202) 647-1345, or at 
[email protected].

SUPPLEMENTARY INFORMATION: On October 2, 2023, the Department published 
a rulemaking (the ``final rule'') that amended 22 CFR part 181 to 
implement section 5947 of the National Defense Authorization Act for 
Fiscal Year (FY) 2023 (Pub. L. 117-263) (``the NDAA''). Section 5947 
amended 1 U.S.C. 112a and 1 U.S.C. 112b, known as the Case-Zablocki 
Act, regarding the publication, coordination, and reporting

[[Page 87672]]

to Congress of international agreements. For further background, see 
the final rule at 88 FR 67643.
    The Department provided 30 days for public comment. No comments 
were received.

Amendment to Sec.  181.4

    The Department is removing the phrase ``no single criterion or 
factor by itself is determinative'' from Sec.  181.4(b)(3)(i). The 
words were included in error, and this change is intended to avoid the 
regulation being interpreted to mean that a non-binding instrument 
could only constitute a qualifying non-binding instrument if multiple 
factors among those listed in (b)(3)(i)(A) through (G) weighed in favor 
of its significance.

Regulatory Analysis

Administrative Procedures Act

    As with the original rulemaking, the Department is issuing this 
rule as a final rule, asserting the ``good cause'' exemption to the 
Administrative Procedure Act (5 U.S.C. 553(b)). We are past the 
deadline provided by Congress to implement this rule, also past the 
effective date of the statute itself. See the final rule for more 
information.

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 national 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 14094; 13563: Regulatory Review

    This rule has been drafted in accordance with the principles of 
Executive Order 12866, as amended by Executive Order 14094, and 13563. 
The rulemaking is mandated by a Congressional statute; therefore, 
Congress determined that the benefits of this rulemaking outweigh the 
costs. This rule has been determined to be a significant rulemaking 
under Executive Order 12866.

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.

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, the State Department amends 22 CFR 
part 181 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.  181.43, revise paragraph (b)(3)(i) introductory text to 
read as follows:


Sec.  181.4  Criteria with respect to qualifying non-binding 
instruments.

* * * * *
    (b) * * *
    (3) * * *
    (i) Consistent with 1 U.S.C. 112b(k)(5)(A)(ii)(I), and except for a 
non-binding instrument referred to in 1 U.S.C. 112b(k)(5)(B), a non-
binding instrument that could reasonably be expected to have a 
significant impact on the foreign policy of the United States, and that 
meets the other elements set out in 1 U.S.C. 112b(k)(5), is a 
qualifying non-binding instrument within the meaning of the Act. The 
degree of significance of any particular instrument requires an 
objective wholistic assessment. In deciding whether a particular 
instrument meets the significance standard, the entire context of the 
transaction, including the factors set out below and the expectations 
and intent of the participants, must be taken into account. Factors 
that may be relevant in determining whether a non-binding instrument 
could reasonably be expected to have a significant impact on the 
foreign policy of the United States include whether, and to what 
extent, the instrument:
* * * * *

Joshua L. Dorosin,
Deputy Legal Adviser, Department of State.
[FR Doc. 2023-27837 Filed 12-18-23; 8:45 am]
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