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, 17488-17489 [2018-08277]

Download as PDF 17488 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations Administrative Procedure Act The CSA provides for an expedited scheduling action where control is required by the United States obligations under international treaties, conventions, or protocols. 21 U.S.C. 811(d)(1). If control is required pursuant to such international treaty, convention, or protocol, the Attorney General must issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings or procedures otherwise required for scheduling actions. Id. To the extent that 21 U.S.C. 811(d)(1) directs that if control is required by the United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970, scheduling actions shall be issued by order (as compared to scheduling pursuant to 21 U.S.C. 811(a) by rule), the DEA believes that the notice and comment requirements of section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553, do not apply to this scheduling action. In the alternative, even if this action does constitute ‘‘rule making’’ under 5 U.S.C. 551(5), this action is exempt from the notice and comment requirements of 5 U.S.C. 553 pursuant to 21 U.S.C. 553(a)(1) as an action involving a foreign affairs function of the United States given that this action is being done in accordance with 21 U.S.C. 811(d)(1)’s requirement that the United States comply with its obligations under the specified international agreements. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612) applies to rules that are subject to notice and comment under section 553(b) of the APA or any other law. As explained above, the CSA exempts this final order from notice and comment. Consequently, the RFA does not apply to this action. sradovich on DSK3GMQ082PROD with RULES Paperwork Reduction Act of 1995 This action does not impose a new collection of information requirement under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501–3521. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Congressional Review Act This action is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act (CRA)). This order will not result in: ‘‘an annual effect on the VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 economy of $100,000,000 or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets.’’ However, pursuant to the CRA, the DEA has submitted a copy of this final order to both Houses of Congress and to the Comptroller General. List of Subjects in 21 CFR Part 1308 For the reasons set out above, the DEA amends 21 CFR part 1308 as follows: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: ■ Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 2. In § 1308.11: a. Redesignate paragraphs (b)(18) through (58) as (b)(19) through (59) and add a new paragraph (b)(18); ■ b. Add paragraph (b)(60); and ■ c. Remove and reserve paragraphs (h)(2) and (4). The additions read as follows: ■ ■ * Schedule I. * * (b) * * * * * (18) Butyryl fentanyl (N-(1phenethylpiperidin-4-yl)-Nphenylbutyramide) ....................... * * * * 9822 * (60) U–47700 (3,4-Dichloro-N-[2(dimethylamino)cyclohexyl]-Nmethylbenzamide) ....................... * * * * 9547 * Dated: April 11, 2018. Robert W. Patterson, Acting Administrator. [FR Doc. 2018–08280 Filed 4–19–18; 8:45 am] BILLING CODE 4410–09–P PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 Department of State. Final rule. AGENCY: ACTION: 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, kottmyeram@state.gov. 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 § 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 § 172.2(c) so that the first sentence references § 172.3(c) instead of § 173.3(c). Section 173.3(c) has no connection to service of process, whereas § 172.3(c) relates directly to service of process. The Department deletes the following sentence in § 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 §§ 171.10(a) or 171.31. Second, since the sentence immediately preceding the eliminated sentence calls SUMMARY: Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements. § 1308.11 DEPARTMENT OF STATE E:\FR\FM\20APR1.SGM 20APR1 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations 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 § 172.5(c), the Department replaces the reference to ‘‘§ 172.2’’ to refer instead to § 172.4, which is the proper section about the Department officials designated to render such decisions. The Department changes ‘‘Respectively’’ to ‘‘Respectfully’’ in § 172.6(a)(4), so that the sentence makes more sense and also conforms with the wording of § 172.6(b), which uses ‘‘respectfully’’ in a similar manner. Finally, the Department corrects an office symbol in § 172.2. sradovich on DSK3GMQ082PROD with RULES 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. VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 List of Subjects in 22 CFR Part 172 Administrative practice and procedure, Courts, Government employees. 17489 DEPARTMENT OF HOMELAND SECURITY Coast Guard For the reasons set forth in the preamble, 22 CFR part 172 is amended as follows: 33 CFR Part 100 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 Special Local Regulation; Pensacola Bay, Pensacola, FL 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. § 172.1 [Amended] 2. In § 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)’’. ■ § 172.2 [Amended] 3. In § 172.2: ■ a. Remove the phrase ‘‘L/EX’’ and add in its place ‘‘L/H–EX’’, wherever it occurs. ■ b. In the first sentence of paragraph (c), remove the citation ‘‘and 173.3(c)’’ and add in its place ‘‘and 172.3(c)’’. ■ § 172.5 [Amended] 4. In § 172.5: a. Remove the second sentence of paragraph (a). ■ b. In paragraph (c), remove the citation ‘‘§ 172.2’’ and add in its place ‘‘§ 172.4’’. ■ ■ § 172.6 [Amended] 5. In § 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 [Docket Number USCG–2018–0103] RIN 1625–AA08 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation on Pensacola Bay in Pensacola, FL. This action is necessary to protect the persons participating in the Pensacola Triathlon marine event. This regulation restricts transit into, through, and within the regulated area unless authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. DATES: This rule is effective from 4 a.m. through 10 a.m. April 29, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 0103 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251–441–5940, email Kyle.D.Berry@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Mobile DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander § Section U.S.C. United States Code II. Background Information and Regulatory History On January 16, 2018, the Pensacola Triathlon notified the Coast Guard that it would be conducting the swim portion of the race in the vicinity of the Vince J. Whibbs Sr. Community Maritime Park in Pensacola, FL. In response, on March 6, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Pensacola Bay, Pensacola, FL (83 FR 9454). There we stated why we issued the NPRM, and invited E:\FR\FM\20APR1.SGM 20APR1

Agencies

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
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