83 FR 17488 - 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

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range		17488-17489
FR Document		2018-08277

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

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17488-17489]
From the Federal Register Online  [www.thefederalregister.org]
[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Executive Order 12356 was revoked by Executive Order 12958, which in 
turn was revoked by Executive Order 13526.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

17488 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations

Administrative Procedure Act economy of $100,000,000 or more; a DEPARTMENT OF STATE
The CSA provides for an expedited major increase in costs or prices for
scheduling action where control is consumers, individual industries, 22 CFR Part 172
required by the United States Federal, State, or local government [Public Notice: 10248]
obligations under international treaties, agencies, or geographic regions; or
RIN 1400–AE49
conventions, or protocols. 21 U.S.C. significant adverse effects on
811(d)(1). If control is required pursuant competition, employment, investment, Service of Process; Production or
to such international treaty, convention, productivity, innovation, or on the Disclosure of Official Information in
or protocol, the Attorney General must ability of United States-based Response to Court Orders,
issue an order controlling such drug enterprises to compete with foreign- Subpoenas, Notices of Depositions,
under the schedule he deems most based enterprises in domestic and Requests for Admissions,
appropriate to carry out such export markets.’’ However, pursuant to Interrogatories, or Similar Requests or
obligations, without regard to the the CRA, the DEA has submitted a copy Demands in Connection With Federal
findings or procedures otherwise of this final order to both Houses of or State Litigation; Expert Testimony
required for scheduling actions. Id. Congress and to the Comptroller
To the extent that 21 U.S.C. 811(d)(1) AGENCY: Department of State.
General.
directs that if control is required by the ACTION: Final rule.
United States obligations under List of Subjects in 21 CFR Part 1308
international treaties, conventions, or SUMMARY: The Department of State
protocols in effect on October 27, 1970, Administrative practice and corrects erroneous citations and
scheduling actions shall be issued by procedure, Drug traffic control, typographical errors within part 172 by
order (as compared to scheduling Reporting and recordkeeping correcting or removing them.
pursuant to 21 U.S.C. 811(a) by rule), requirements. DATES: This rule is effective on May 21,
the DEA believes that the notice and 2018.
For the reasons set out above, the DEA
comment requirements of section 553 of FOR FURTHER INFORMATION CONTACT:
the Administrative Procedure Act amends 21 CFR part 1308 as follows:
Alice Kottmyer, Attorney-Adviser, 202–
(APA), 5 U.S.C. 553, do not apply to this 647–2318, kottmyeram@state.gov.
PART 1308—SCHEDULES OF
scheduling action. In the alternative, SUPPLEMENTARY INFORMATION: Section
CONTROLLED SUBSTANCES
even if this action does constitute ‘‘rule 172 of Title 22, Code of Federal
making’’ under 5 U.S.C. 551(5), this Regulations, describes procedures for
action is exempt from the notice and ■ 1. The authority citation for part 1308
continues to read as follows: the public to follow to request testimony
comment requirements of 5 U.S.C. 553 or production of documents for
pursuant to 21 U.S.C. 553(a)(1) as an Authority: 21 U.S.C. 811, 812, 871(b), litigation (so-called ‘‘Touhy requests’’).
action involving a foreign affairs 956(b), unless otherwise noted. See United States ex rel. Touhy v.
function of the United States given that Ragen, 340 U.S. 462 (1951).
this action is being done in accordance ■ 2. In § 1308.11:
In this rulemaking, the Department is
with 21 U.S.C. 811(d)(1)’s requirement ■ a. Redesignate paragraphs (b)(18) replacing the reference to Executive
that the United States comply with its through (58) as (b)(19) through (59) and Order 12356 in the first sentence of
obligations under the specified add a new paragraph (b)(18); § 172.1(e) to instead reference Executive
international agreements. ■ b. Add paragraph (b)(60); and Order 13526 (75 FR 707), the most
Regulatory Flexibility Act ■ c. Remove and reserve paragraphs recent executive order relating to
The Regulatory Flexibility Act (RFA) (h)(2) and (4). classified national security information.
(5 U.S.C. 601–612) applies to rules that Executive Order 12356 was revoked by
The additions read as follows: Executive Order 12958, which in turn
are subject to notice and comment
under section 553(b) of the APA or any § 1308.11 Schedule I. was revoked by Executive Order 13526.
other law. As explained above, the CSA The Department also corrects a
* * * * * typographical error in § 172.2(c) so that
exempts this final order from notice and
comment. Consequently, the RFA does (b) * * * the first sentence references § 172.3(c)
not apply to this action. instead of § 173.3(c). Section 173.3(c)
(18) Butyryl fentanyl (N-(1- has no connection to service of process,
Paperwork Reduction Act of 1995 phenethylpiperidin-4-yl)-N-
phenylbutyramide) ....................... 9822
whereas § 172.3(c) relates directly to
This action does not impose a new service of process.
collection of information requirement * * * * * The Department deletes the following
under the Paperwork Reduction Act of sentence in § 172.5(a): ‘‘Where
1995. 44 U.S.C. 3501–3521. An agency (60) U–47700 (3,4-Dichloro-N-[2- documents or other materials are
may not conduct or sponsor, and a (dimethylamino)cyclohexyl]-N- sought, the party should provide a
person is not required to respond to, a methylbenzamide) ....................... 9547 description using the types of
collection of information unless it identifying information suggested in 22
displays a currently valid OMB control * * * * * CFR 171.10(a) and 171.31.’’ The two
number. Dated: April 11, 2018. citations are not valid, and are likely
Robert W. Patterson,
artifacts from Part 172 as it existed in
sradovich on DSK3GMQ082PROD with RULES

Congressional Review Act the past. The Department does not
Acting Administrator.
This action is not a major rule as believe it is necessary to provide
defined by section 804 of the Small [FR Doc. 2018–08280 Filed 4–19–18; 8:45 am] alternative citations. First, there are no
Business Regulatory Enforcement BILLING CODE 4410–09–P analogs in the current regulation for the
Fairness Act of 1996 (Congressional old §§ 171.10(a) or 171.31. Second,
Review Act (CRA)). This order will not since the sentence immediately
result in: ‘‘an annual effect on the preceding the eliminated sentence calls

VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

Document Created: 2018-04-20 00:03:04
Document Modified: 2018-04-20 00:03:04

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		Final rule.
Dates		This rule is effective on May 21, 2018.
Contact		Alice Kottmyer, Attorney-Adviser, 202- 647-2318, [email protected]
FR Citation		83 FR 17488
RIN Number		1400-AE49
CFR Associated		Administrative Practice and Procedure; Courts and Government Employees