[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Proposed Rules]
[Pages 39346-39348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15012]



22 CFR Part 181

[Public Notice: 8780]
RIN 1400-AD53

Publication, Coordination, and Reporting of International 
Agreements: Amendments

AGENCY: Department of State.

ACTION:  Proposed rule with request for comment.


SUMMARY: The Treaties and Other International Acts Series (TIAS) is the 
official treaty series of the United States and serves as evidence of 
the treaties, and international agreements other than treaties, in all 
courts of law and equity of the United States, and in public offices of 
the federal government and of the states, without any need of further 
authentication. Certain international agreements may be exempted from 
publication in TIAS, if the Department of State provides notice in its 
regulations. With this proposed rule, the Department of State is 
proposing to update those regulations to exempt three additional 
agreement categories.

DATES: The Department of State will consider comments submitted before 
September 8, 2014.

FOR FURTHER INFORMATION CONTACT: Courtney Rusin, Treaty Affairs, Office 
of the Legal Adviser, Department of State, Washington, DC 20520, (202) 
647-1345, or at treatyoffice@state.gov.

SUPPLEMENTARY INFORMATION: Pursuant to 1 U.S.C. 112a, the Secretary of 
State is required to cause to be published annually a compilation of 
all treaties and international agreements to which the United States is 
a party that were signed, proclaimed, or ``with reference

[[Page 39347]]

to which any other final formality ha[d] been executed'' during the 
calendar year.
    The Secretary of State, however, may determine that publication of 
particular categories of agreements is not required if certain criteria 
are met (See 1 U.S.C. 112a(b)). The criteria are:
    (1) Such agreements are not treaties which have been brought into 
force for the United States after having received Senate advice and 
consent pursuant to section 2(2) of Article II of the Constitution of 
the United States;
    (2) The public interest in such agreements is insufficient to 
justify their publication, because (A) as of the date of enactment of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, 
the agreements are no longer in force; (B) the agreements do not create 
private rights or duties, or establish standards intended to govern 
government action in the treatment of private individuals; (C) in view 
of the limited or specialized nature of the public interest in such 
agreements, such interest can adequately be satisfied by an alternative 
means; or (D) the public disclosure of the text of the agreement would, 
in the opinion of the President, be prejudicial to the national 
security of the United States; and
    (3) Copies of such agreements (other than those in paragraph 
(2)(D)), including certified copies where necessary for litigation or 
similar purposes, will be made available by the Department of State 
upon request.
    Pursuant to 1 U.S.C. 112a(c), any such determination must be 
published in the Federal Register. The Department proposes adding to 22 
CFR 181.8(a) the following three categories of international agreements 
that it believes do not require publication in the Treaties and Other 
International Acts Series due to the consistently limited nature of 
public interest:
    (1) Bilateral acquisition and cross servicing agreements and 
logistics support agreements governing the mutual exchange of logistics 
support, supplies and services with the military of certain countries 
or international organizations. An example of this type of agreement is 
at the following link: http://www.state.gov/documents/organization/176721.pdf.
    (2) Bilateral agreements relating to the provision of health care 
to military personnel on a reciprocal basis. An example of this type of 
agreement is at the following link: http://www.state.gov/documents/organization/190389.pdf.
    (3) Bilateral agreements for the reduction of intergovernmental 
debts. An example of this type of agreement is at the following link: 
    In selecting these categories, the Department focused on areas 
comprising a large volume of agreements that, due to their specialized 
nature, do not appear to be of general public interest justifying 
publication. The Department will provide copies of these agreements 
upon request. The public can request agreements through regular FOIA 
channels or through the contact information provided on the Treaty 
Office Web site--http://www.state.gov/s/l/treaty/index.htm 
(treatyoffice@state.gov or 202-647-1345). Together, these categories of 
agreements comprise approximately eight to ten per cent of agreements 
published annually. Non-publication of these categories of agreements 
will moderate future publication requirements, thus permitting 
agreements of greater interest to be published in a timelier manner. 
The Department of State does not intend to publish agreements in the 
above categories that were concluded before publication of this notice 
and not previously published in TIAS.
    In addition to the changes described above, the Department of State 
proposes that Section 181(a)(9) be amended to refer to the newer 
Executive Order dealing with classified information.

Regulatory Analysis

Administrative Procedures Act

    The Department is issuing this proposed rule for comment in 
accordance with the Administrative Procedure Act (5 U.S.C. 553).

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.

The Small Business Regulatory Enforcement Fairness Act of 1996

    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 EO 13175, Impact on 

    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. 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 13563: Regulatory Review

    This rule has been drafted in accordance with the principles of 
Executive Orders 12866 and 13563. This rule has been determined not to 
be a significant rulemaking under section 3 of E.O. 12866. With respect 
to the costs and benefits of this rule, the Department notes that TIAS 
is no longer printed in paper form, so there are no printing cost 
savings due to omitting these agreements from publication. TIAS 
agreements are posted digitally on the Department's Web site. However, 
before publication, they still have to be proofread and formatted 
correctly for the web, which takes time away from publishing agreements 
that more consistently attract public interest. There is no cost to the 
public from this rulemaking. As noted above, the public still has 
access to these agreements by making a simple request to the 

Executive Order 12988: Civil Justice Reform

    This rule has been reviewed in light of sections 3(a) and 3(b)(2) 
of Executive Order No. 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


[[Page 39348]]

    For the reasons set forth above, 22 CFR part 181 is proposed to be 
amended as follows:


1. The authority citation for part 181 continues to read as follows:

    Authority:  1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a.

2. Amend Sec.  181.8 by:
a. Revising paragraphs (a)(9), (12), and (13) and adding paragraphs 
(a)(14), (15), and (16); and
b. Revising paragraph (b).
    The revisions and additions to read as follows:

Sec.  181.8  Publication.

    (a) * * *
    (9) Agreements that have been given a national security 
classification pursuant to Executive Order No. 13526, its predecessors, 
or its successors;
* * * * *
    (12) Bilateral agreements that apply to specified education and 
leadership development programs designed to acquaint U.S. and foreign 
armed forces, law enforcement, homeland security, or related personnel 
with limited, specialized aspects of each other's practices or 
    (13) Bilateral agreements between aviation agencies governing 
specified aviation technical assistance projects for the provision of 
managerial, operational, and technical assistance in developing and 
modernizing the civil aviation infrastructure;
    (14) Bilateral acquisition and cross servicing agreements and 
logistics support agreements;
    (15) Bilateral agreements relating to the provision of health care 
to military personnel on a reciprocal basis; and
    (16) Bilateral agreements for the reduction of intergovernmental 
    (b) In addition to those listed in paragraph (a) of this section, 
the following categories of agreements will not be published in United 
States Treaties and Other International Agreements:
    (1) Agreements on the subjects listed in paragraphs (a)(1) through 
(9) of this section that had not been published as of February 26, 
    (2) Agreements on the subjects listed in paragraphs (a)(10) through 
(13) of this section that had not been published as of September 8, 
2006; and
    (3) Agreements on the subjects listed in paragraphs (a)(14) through 
(16) of this section that had not been published as of [date of 
publication of the final rule in the Federal Register].

    Dated: June 4, 2014.
Michael J. Mattler,
Assistant Legal Adviser for Treaty Affairs, Department of State.
[FR Doc. 2014-15012 Filed 7-9-14; 8:45 am]