80 FR 27856 - Passports: Official Passports for Officials or Employees of State, Local, Tribal or Territorial Governments Traveling Abroad and Carrying Out Official Duties in Support of the U.S. Government
DEPARTMENT OF STATE Federal Register Volume 80, Issue 94 (May 15, 2015)
Federal Register Volume 80, Issue 94 (May 15, 2015)
| Page Range | 27856-27857 | |
| FR Document | 2015-11687 |
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)] [Rules and Regulations] [Pages 27856-27857] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11687] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 51 [Public Notice: 9133] RIN 1400-AD83 Passports: Official Passports for Officials or Employees of State, Local, Tribal or Territorial Governments Traveling Abroad and Carrying Out Official Duties in Support of the U.S. Government AGENCY: Department of State. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the passport rules for the Department of State to authorize issuing an official passport to an official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government. DATES: This rule is effective May 15, 2015. The Department of State will accept comments until July 14, 2015. ADDRESSES: You may make comments by any of the following methods, and you must include the RIN in the subject line of your message.Mail (paper, disk, or CD-ROM submissions): ATTN: RIN 1400- AD83, Alice Kottmyer, Attorney-Adviser, Office of the Legal Adviser (L/ M), U.S. Department of State, Room 4325, 2201 C Street NW., Washington, DC 20520. Email: [email protected]. Persons with access to the Internet may view this rule and submit comments by going to www.regulations.gov, and searching for the rule by its RIN, 1400-AD83. FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, [email protected], 202-647-2318. SUPPLEMENTARY INFORMATION: 22 CFR 51.3(b) provides that an ``official passport'' may be issued to: An official or employee of the U.S. government traveling abroad to carry out official duties; spouses and family members of such persons; and, when authorized by the Department of State, U.S. government contractors traveling abroad to carry out official duties on behalf of the U.S. government. Increasingly, the federal government utilizes officials or employees of state, local, tribal, and territorial governments in support of federal activities, both domestically and overseas, such as the Federal Bureau of Investigation's Joint Terrorism Task Force. When required to travel internationally in support of such federal activities, these individuals are not currently eligible for official passports. Issuance of an official passport to such individuals signifies to foreign governments that they are carrying out official duties in support of the U.S. government. The activities undertaken by these officials are often of pressing national security, law enforcement, or humanitarian importance and occur with little advance notice. It is in the U.S. government's interest to provide these individuals the travel documents necessary to allow them to travel in a timely manner. Under 22 U.S.C. 211a et seq., the Secretary of State has the authority to make rules for the granting and issuance of passports. The Department is amending section 51.3(b) of 22 CFR to authorize issuing official passports to an official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government. Regulatory Findings Administrative Procedure Act The Department is publishing this rule as an interim final rule, effective on the date of publication, pursuant to the ``good cause'' exemption of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). The Department finds that delaying the effect of this rule until after notice and comment would be impractical, unnecessary, and contrary to public interest. The Department finds that providing the necessary travel documents to these individuals to allow them to travel in support of U.S. government interests provides a compelling justification for immediate approval of this rule. Therefore, this rule is effective on the date of publication. See 5 U.S.C. 553(d). However, the Department solicits--and welcomes--comments on this rulemaking, and will address relevant comments in a final rule. Regulatory Flexibility Act The Department, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by [[Page 27857]] approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities as defined in 5 U.S.C. 601(6). Unfunded Mandates Act of 1995 This rule will not result in the expenditure by state, local, tribal, or territorial governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996, since it will not result in an annual effect on the economy of $100 million or more. See 5 U.S.C. 804(2). Executive Orders 12866 and 13563 This rule is not economically significant under Executive Order 12866, section 3(f)(1), because it will not have an annual effect on the economy of $100 million or more. The Department expects the rule's impact on the public to be minimal. The Department has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Orders. Executive Order 13132 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. Therefore, in accordance with section 6 of Executive Order 13132, the Department has determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Executive Order 13175--Effect on Tribes The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, Executive Order 13175 does not apply to this rulemaking. Paperwork Reduction Act This rule does not impose or alter any reporting or record-keeping requirements under the Paperwork Reduction Act. List of Subjects in 22 CFR Part 51 Passports. Accordingly, for the reasons stated in the preamble, 22 CFR part 51 is amended as follows: PART 51--PASSPORTS 0 1. The authority citation for part 51 continues to read as follows: Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; 22 U.S.C. 211a, 212, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a, 218, 2651a, 2671(d)(3), 2705, 2714, 2721, & 3926; 26 U.S.C. 6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title V of Pub. L. 103-317, 108 Stat. 1760]; E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966- 1970 Comp., p. 570; Sec. 1 of Pub. L. 109-210, 120 Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat. 3578; Sec. 5 of Pub. L. 109-472, 120 Stat. 3554; Pub. L. 108-447, Div. B, Title IV, Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec. 17, 2004). 0 2. Revise paragraph (b) of Sec. 51.3 to read as follows: Sec. 51.3 Types of passports. * * * * * (b) Official passport. When authorized by the Department, an official passport may be issued to: (1) An official or employee of the U.S. government traveling abroad to carry out official duties, and family members of such persons; (2) A U.S. government contractor traveling abroad to carry out official duties on behalf of the U.S. government; or (3) An official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government. * * * * * Patrick F. Kennedy, Undersecretary For Management. [FR Doc. 2015-11687 Filed 5-14-15; 8:45 am] BILLING CODE 4710-24-P
![27856 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations
scheduling action is not a ‘‘rule’’ as Pursuant to the Small Business the Department of State, U.S.
defined by 5 U.S.C. 601(2), and, Regulatory Enforcement Fairness Act of government contractors traveling abroad
accordingly, is not subject to the 1996 (Congressional Review Act) (5 to carry out official duties on behalf of
requirements of the Regulatory U.S.C. 801–808), the DEA has submitted the U.S. government.
Flexibility Act (RFA). The requirements a copy of this final order to both Houses Increasingly, the federal government
for the preparation of an initial of Congress and to the Comptroller utilizes officials or employees of state,
regulatory flexibility analysis in 5 U.S.C. General. local, tribal, and territorial governments
603(a) are not applicable where, as here, Dated: May 12, 2015. in support of federal activities, both
the DEA is not required by section 553 domestically and overseas, such as the
Michele M. Leonhart,
of the APA or any other law to publish Federal Bureau of Investigation’s Joint
Administrator.
a general notice of proposed Terrorism Task Force. When required to
rulemaking. [FR Doc. 2015–11765 Filed 5–14–15; 8:45 am]
travel internationally in support of such
Additionally, this action is not a BILLING CODE 4410–09–P federal activities, these individuals are
significant regulatory action as defined not currently eligible for official
by Executive Order 12866 (Regulatory passports. Issuance of an official
Planning and Review), section 3(f), and, DEPARTMENT OF STATE passport to such individuals signifies to
accordingly, this action has not been foreign governments that they are
reviewed by the Office of Management 22 CFR Part 51 carrying out official duties in support of
and Budget (OMB). [Public Notice: 9133] the U.S. government. The activities
This action will not have substantial undertaken by these officials are often of
direct effects on the States, on the RIN 1400–AD83
pressing national security, law
relationship between the national enforcement, or humanitarian
government and the States, or on the Passports: Official Passports for
Officials or Employees of State, Local, importance and occur with little
distribution of power and advance notice. It is in the U.S.
responsibilities among the various Tribal or Territorial Governments
Traveling Abroad and Carrying Out government’s interest to provide these
levels of government. Therefore, in individuals the travel documents
accordance with Executive Order 13132 Official Duties in Support of the U.S.
Government necessary to allow them to travel in a
(Federalism) it is determined that this timely manner.
action does not have sufficient AGENCY: Department of State. Under 22 U.S.C. 211a et seq., the
federalism implications to warrant the ACTION: Interim final rule. Secretary of State has the authority to
preparation of a Federalism Assessment. make rules for the granting and issuance
Pursuant to section 808(2) of the SUMMARY: This rule amends the passport of passports. The Department is
Congressional Review Act (CRA), ‘‘any rules for the Department of State to amending section 51.3(b) of 22 CFR to
rule for which an agency for good cause authorize issuing an official passport to authorize issuing official passports to an
finds * * * that notice and public an official or employee of a state, local, official or employee of a state, local,
procedure thereon are impracticable, tribal, or territorial government traveling tribal, or territorial government traveling
unnecessary, or contrary to the public abroad to carry out official duties in abroad to carry out official duties in
interest, shall take effect at such time as support of the U.S. government. support of the U.S. government.
the Federal agency promulgating the DATES: This rule is effective May 15,
rule determines.’’ 5 U.S.C. 808(2). It is 2015. Regulatory Findings
in the public interest to maintain the The Department of State will accept
temporary placement of UR–144, Administrative Procedure Act
comments until July 14, 2015.
XLR11, and AKB48 in schedule I The Department is publishing this
ADDRESSES: You may make comments rule as an interim final rule, effective on
because they pose a public health risk.
The temporary scheduling action was by any of the following methods, and the date of publication, pursuant to the
taken pursuant to 21 U.S.C. 811(h), you must include the RIN in the subject ‘‘good cause’’ exemption of the
which is specifically designed to enable line of your message. Administrative Procedure Act (APA), 5
the DEA to act in an expeditious manner • Mail (paper, disk, or CD–ROM U.S.C. 553(b)(3)(B). The Department
to avoid an imminent hazard to the submissions): ATTN: RIN 1400–AD83, finds that delaying the effect of this rule
public safety. 21 U.S.C. 811(h) Alice Kottmyer, Attorney-Adviser, until after notice and comment would
exempted the temporary scheduling Office of the Legal Adviser (L/M), U.S. be impractical, unnecessary, and
order from standard notice and Department of State, Room 4325, 2201 contrary to public interest. The
comment rulemaking procedures to C Street NW., Washington, DC 20520. Department finds that providing the
ensure that the process moved swiftly, • Email: kottmyeram@state.gov. necessary travel documents to these
and this extension of the temporary • Persons with access to the Internet
individuals to allow them to travel in
scheduling order continues to serve that may view this rule and submit
support of U.S. government interests
purpose. For the same reasons that comments by going to
provides a compelling justification for
underlie 21 U.S.C. 811(h), that is, the www.regulations.gov, and searching for
immediate approval of this rule.
DEA’s need to place these substances in the rule by its RIN, 1400–AD83.
Therefore, this rule is effective on the
schedule I because they pose an FOR FURTHER INFORMATION CONTACT: date of publication. See 5 U.S.C. 553(d).
imminent hazard to public safety, it Alice Kottmyer, Attorney-Adviser, However, the Department solicits—and
would be contrary to the public interest kottmyeram@state.gov, 202–647–2318. welcomes—comments on this
mstockstill on DSK4VPTVN1PROD with RULES
to delay implementation of this SUPPLEMENTARY INFORMATION: 22 CFR rulemaking, and will address relevant
extension of the temporary scheduling 51.3(b) provides that an ‘‘official comments in a final rule.
order. Therefore, in accordance with passport’’ may be issued to: An official
section 808(2) of the CRA, this final or employee of the U.S. government Regulatory Flexibility Act
order extending the temporary traveling abroad to carry out official The Department, in accordance with
scheduling order shall take effect duties; spouses and family members of the Regulatory Flexibility Act, 5 U.S.C.
immediately upon its publication. such persons; and, when authorized by 605(b), has reviewed this rule and, by
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![Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations 27857
approving it, certifies that the rule will requirements under the Paperwork SUMMARY: This final rule amends the
not have a significant economic impact Reduction Act. Pension Benefit Guaranty Corporation’s
on a substantial number of small entities regulation on Benefits Payable in
List of Subjects in 22 CFR Part 51
as defined in 5 U.S.C. 601(6). Terminated Single-Employer Plans to
Passports. prescribe interest assumptions under
Unfunded Mandates Act of 1995
Accordingly, for the reasons stated in the regulation for valuation dates in
This rule will not result in the the preamble, 22 CFR part 51 is June 2015. The interest assumptions are
expenditure by state, local, tribal, or amended as follows: used for paying benefits under
territorial governments, in the aggregate, terminating single-employer plans
or by the private sector, of $100 million PART 51—PASSPORTS covered by the pension insurance
or more in any year and it will not system administered by PBGC.
significantly or uniquely affect small ■ 1. The authority citation for part 51 DATES: Effective June 1, 2015.
governments. Therefore, no actions were continues to read as follows:
FOR FURTHER INFORMATION CONTACT:
deemed necessary under the provisions Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; Catherine B. Klion (Klion.Catherine@
of the Unfunded Mandates Reform Act 22 U.S.C. 211a, 212, 213, 213n (Pub. L. 106– pbgc.gov), Assistant General Counsel for
of 1995, 2 U.S.C. 1501 et seq. 113 Div. B, Sec. 1000(a)(7) [Div. A, Title II,
Regulatory Affairs, Pension Benefit
Sec. 236], 113 Stat. 1536, 1501A–430); 214,
Small Business Regulatory Enforcement 214a, 217a, 218, 2651a, 2671(d)(3), 2705, Guaranty Corporation, 1200 K Street
Fairness Act of 1996 2714, 2721, & 3926; 26 U.S.C. 6039E; 31 NW., Washington, DC 20005, 202–326–
This rule is not a major rule as U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title 4024. (TTY/TDD users may call the
defined by section 804 of the Small V of Pub. L. 103–317, 108 Stat. 1760]; E.O. Federal relay service toll-free at 1–800–
Business Regulatory Enforcement 11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966– 877–8339 and ask to be connected to
1970 Comp., p. 570; Sec. 1 of Pub. L. 109– 202–326–4024.)
Fairness Act of 1996, since it will not 210, 120 Stat. 319; Sec. 2 of Pub. L. 109–167,
result in an annual effect on the SUPPLEMENTARY INFORMATION: PBGC’s
119 Stat. 3578; Sec. 5 of Pub. L. 109–472, 120
economy of $100 million or more. See Stat. 3554; Pub. L. 108–447, Div. B, Title IV, regulation on Benefits Payable in
5 U.S.C. 804(2). Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108–458, Terminated Single-Employer Plans (29
118 Stat. 3638, 3823 (Dec. 17, 2004). CFR part 4022) prescribes actuarial
Executive Orders 12866 and 13563 assumptions—including interest
■ 2. Revise paragraph (b) of § 51.3 to assumptions—for paying plan benefits
This rule is not economically
read as follows: under terminating single-employer
significant under Executive Order
12866, section 3(f)(1), because it will not § 51.3 Types of passports. plans covered by title IV of the
have an annual effect on the economy * * * * * Employee Retirement Income Security
of $100 million or more. The (b) Official passport. When authorized Act of 1974. The interest assumptions in
Department expects the rule’s impact on by the Department, an official passport the regulation are also published on
the public to be minimal. The may be issued to: PBGC’s Web site (http://www.pbgc.gov).
Department has reviewed this rule to (1) An official or employee of the U.S. PBGC uses the interest assumptions in
ensure its consistency with the government traveling abroad to carry Appendix B to Part 4022 to determine
regulatory philosophy and principles set out official duties, and family members whether a benefit is payable as a lump
forth in the Executive Orders. of such persons; sum and to determine the amount to
(2) A U.S. government contractor pay. Appendix C to Part 4022 contains
Executive Order 13132 interest assumptions for private-sector
traveling abroad to carry out official
This rule will not have substantial duties on behalf of the U.S. government; pension practitioners to refer to if they
direct effects on the states, on the or wish to use lump-sum interest rates
relationship between the national (3) An official or employee of a state, determined using PBGC’s historical
government and the states, or on the local, tribal, or territorial government methodology. Currently, the rates in
distribution of power and traveling abroad to carry out official Appendices B and C of the benefit
responsibilities among the various duties in support of the U.S. payment regulation are the same.
levels of government. Therefore, in government. The interest assumptions are intended
accordance with section 6 of Executive to reflect current conditions in the
Order 13132, the Department has * * * * * financial and annuity markets.
determined that this rule does not have Patrick F. Kennedy, Assumptions under the benefit
sufficient federalism implications to Undersecretary For Management. payments regulation are updated
require consultations or warrant the [FR Doc. 2015–11687 Filed 5–14–15; 8:45 am] monthly. This final rule updates the
preparation of a federalism summary BILLING CODE 4710–24–P
benefit payments interest assumptions
impact statement. for June 2015.1
The June 2015 interest assumptions
Executive Order 13175—Effect on Tribes
under the benefit payments regulation
The Department of State has PENSION BENEFIT GUARANTY will be 0.75 percent for the period
determined that this rulemaking will CORPORATION during which a benefit is in pay status
not have tribal implications, will not and 4.00 percent during any years
impose substantial direct compliance 29 CFR Part 4022 preceding the benefit’s placement in pay
costs on Indian tribal governments, and status. In comparison with the interest
mstockstill on DSK4VPTVN1PROD with RULES
Benefits Payable in Terminated Single-
will not preempt tribal law.
Employer Plans; Interest Assumptions
Accordingly, Executive Order 13175 1 Appendix B to PBGC’s regulation on Allocation
for Paying Benefits
does not apply to this rulemaking. of Assets in Single-Employer Plans (29 CFR part
4044) prescribes interest assumptions for valuing
Paperwork Reduction Act AGENCY: Pension Benefit Guaranty benefits under terminating covered single-employer
Corporation. plans for purposes of allocation of assets under
This rule does not impose or alter any ERISA section 4044. Those assumptions are
ACTION: Final rule.
reporting or record-keeping updated quarterly.
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Document Created: 2018-02-21 10:27:58
Document Modified: 2018-02-21 10:27:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | This rule is effective May 15, 2015. | |
| Contact | Alice Kottmyer, Attorney-Adviser, [email protected], 202-647-2318. | |
| FR Citation | 80 FR 27856 | |
| RIN Number | 1400-AD83 |
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