67640 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

98198; phone: 206–231–3548; email: 

Douglas.Tsjui@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (o)(3) and (4) of this AD. 

(o) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin B787– 

81205–SB270044–00, Issue 003, dated July 7, 

2020. 

(ii) Boeing Service Bulletin B787–81205– 

SB270046–00, Issue 002, dated October 24, 

2019. 

(iii) Boeing Alert Requirements Bulletin 

B787–81205–SB270053–00 RB, Issue 002, 

dated May 6, 2021. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; website 

myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 27, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–21673 Filed 9–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1643; Project 

Identifier MCAI–2022–01649–A; Amendment 

39–22555; AD 2023–19–05] 

RIN 2120–AA64 

Airworthiness Directives; British 

Aerospace (Operations) Limited and 

British Aerospace Regional Aircraft 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2017–19– 

22 for all British Aerospace Regional 

Aircraft Jetstream Series 3101 and 

Jetstream Model 3201 airplanes. AD 

2017–19–22 required incorporating BAE 

Systems’ Corrosion Prevention and 

Control program into the Airworthiness 

Limitations Section (ALS) of the 

existing instructions for continued 

airworthiness (ICA) for your airplane, 

which added new and more restrictive 

inspections for corrosion that include 

inspecting the door hinges/supporting 

structure and attachment bolts for the 

main spar joint and engine support, and 

the rudder hinge location on the vertical 

stabilizer, and applicable corrective 

actions. Since the FAA issued AD 2017– 

19–22, the Civil Aviation Authority 

(CAA) of the United Kingdom (UK) 

superseded the mandatory continuing 

airworthiness information (MCAI) 

issued by the European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) to correct an 

unsafe condition on these products. 

This AD requires revising the ALS of the 

existing ICA for your airplane. The FAA 

is issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective November 6, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 6, 2023. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1643; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the MCAI, any 

comments received, and other 

information. The address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For service information identified 

in this final rule, contact BAE Systems 

(Operations) Ltd., Customer Information 

Department, Prestwick International 

Airport, Ayrshire, KA9 2RW, Scotland, 

United Kingdom; phone: +44 3300 

488727; fax: +44 1292 675704; email: 

RApublications@baesystems.com; 

website: baesystems.com/businesses/ 

regionalaircraft/. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 901 Locust, Kansas City, MO 

64106. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. It is also available 

at regulations.gov under Docket No. 

FAA–2023–1643. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Westbury, NY 11590; phone: (816) 329– 

4059; email: doug.rudolph@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2017–19–22, 

Amendment 39–19052 (82 FR 44502, 

September 25, 2017) (AD 2017–19–22). 

AD 2017–19–22 applied to all British 

Aerospace Regional Aircraft Jetstream 

Series 3101 and Jetstream Model 3201 

airplanes. AD 2017–19–22 required 

incorporating new revisions to the ALS 

of the existing ICA for your airplane to 

incorporate new and more restrictive 

inspections for corrosion, which include 

inspecting the door hinges/supporting 

structure and attachment bolts of the 

main spar joint and engine support, and 

the hinge location on the vertical 

stabilizer, and repair or replacement, as 

applicable. The FAA issued AD 2017– 

19–22 to address corrosion on the 

rudder upper hinge bracket and internal 

wing, areas of the passenger/crew door 

hinges and supporting structure, the 

main spar joint, and the engine support 

attachment bolts, which could lead to 

reduced structural integrity with 

consequent loss of control. 

The NPRM published in the Federal 

Register on July 27, 2023 (88 FR 48393). 

The NPRM was prompted by UK CAA 

AD G–2022–0021, dated December 21, 

2022 (referred to after this as the MCAI), 

issued by the UK CAA, which is the 

aviation authority for the UK. The MCAI 

states that reports were received of 

corrosion on the rudder tab hinges, 

fuselage skin beneath the marker beacon 

antenna external doubler, and fuselage 

skin beneath the static vent external 

doubler, resulting in the need for new 

and more restrictive inspection 

requirements. The MCAI requires 

accomplishing the actions specified in 

BAE Systems Jetstream Series 3100 & 

3200 Corrosion Prevention and Control 

Programme, Manual Ref: JS/CPCP/01, 

Revision 9, dated April 15, 2022 (BAE 

Systems CPCP Manual JS/CPCP/01, 

Revision 9) within the associated 

threshold and intervals specified in BAE 

Systems CPCP Manual JS/CPCP/01, 

Revision 9. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1643. 

In the NPRM, the FAA proposed to 

require revising the ALS of the existing 


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ICA for your approved maintenance or 

inspection program, as applicable, by 

including new actions, which include 

inspecting the rudder tab hinges, 

fuselage skin beneath the marker beacon 

antenna external doubler, and fuselage 

skin beneath the static vent external 

doubler for corrosion, and depending on 

the inspection results, performing 

applicable corrective actions. 

The FAA is issuing this AD to address 

corrosion on the rudder tab hinges, 

fuselage skin beneath the marker beacon 

antenna external doubler, and fuselage 

skin beneath the static vent external 

doubler. The unsafe condition, if not 

addressed, could lead to reduced 

structural integrity of the affected parts 

with consequent loss of control of the 

airplane. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

These products have been approved 

by the aviation authority of another 

country and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with this 

State of Design Authority, it has notified 

the FAA of the unsafe condition 

described in the MCAI referenced 

above. The FAA reviewed the relevant 

data and determined that air safety 

requires adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. Except for minor editorial 

changes, this AD is adopted as proposed 

in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed BAE Systems 

CPCP Manual JS/CPCP/01, Revision 9. 

This service information specifies 

procedures for a comprehensive 

corrosion prevention and control 

program. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in ADDRESSES. 

Differences Between This AD and the 

MCAI 

The MCAI applies to Model Jetstream 

Series 3100 and Jetstream Series 3200 

airplanes, which are identified on the 

FAA type certificates as Jetstream Model 

3101 and Jetstream Model 3201 

airplanes, respectively. 

The MCAI specifies contacting BAE 

for approved corrective actions 

instructions and this AD requires, for 

certain corrective actions, contacting the 

Manager, International Validation 

Branch, FAA; UK CAA; British 

Aerospace (Operations) Limited’s 

Design Organization Approval (DOA) 

(for Jetstream Series 3101); or British 

Aerospace Regional Aircraft’s DOA (for 

Jetstream Model 3201) for approved 

corrective action instructions and 

accomplishing those instructions 

accordingly. If approved by the DOA, 

the approval must include the DOAauthorized signature. 

The MCAI requires revising the 

existing aircraft maintenance program 

(AMP) to introduce the actions specified 

in BAE Systems CPCP Manual JS/CPCP/ 

01, Revision 9. After the AMP is revised, 

the MCAI does not require recording AD 

compliance on a continued basis each 

time an action in the revised AMP is 

performed. The AMP is not required for 

U.S. operators for the affected airplanes; 

however, this AD requires incorporating 

BAE Systems CPCP Manual JS/CPCP/01, 

Revision 9, into the ALS of the existing 

ICA for your airplane, which has the 

same intended result as revising the 

AMP of not needing to record 

compliance with the AD each time an 

individual action is accomplished. 

The MCAI requires doing all actions 

in BAE Systems CPCP Manual JS/CPCP/ 

01, Revision 9, from the effective date of 

UK CAA AD G–2022–0021 and this AD 

requires doing all actions in BAE 

Systems CPCP Manual JS/CPCP/01, 

Revision 9, at the compliance times 

specified in that manual or within 12 

months after the effective date of this 

AD, whichever occurs later, except for 

the actions identified in paragraph (g)(3) 

of this AD. 

BAE Systems CPCP Manual JS/CPCP/ 

01, Revision 9 specifies reporting of 

Level 2 and Level 3 corrosion, and this 

AD does not. 

Costs of Compliance 

The FAA estimates that this AD 

affects 42 airplanes of U.S. registry. 

The FAA estimates the following 

costs to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on 

U.S. operators 

Revise the ICA ................................................ 1 work-hour × $85 per hour = $85 ................. $0 $85 $3,570 

The scope of damage found while 

performing the actions specified in BAE 

Systems CPCP Manual JS/CPCP/01, 

Revision 9, could vary significantly 

from airplane to airplane. The FAA has 

no data to determine the costs to repair 

or replace damaged parts on each 

airplane or the number of airplanes that 

may require repair. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA has determined that this AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will not have a substantial direct effect 

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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 


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67642 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

2017–19–22, Amendment 39–19052 (82 

FR 44502, September 25, 2017); and 

■ b. Adding the following new 

airworthiness directive: 

2023–19–05 British Aerospace (Operations) 

Limited and British Aerospace Regional 

Aircraft: Amendment 39–22555; Docket 

No. FAA–2023–1643; Project Identifier 

MCAI–2022–01649–A. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective November 6, 2023. 

(b) Affected ADs 

This AD replaces AD 2017–19–22, 

Amendment 39–19052 (82 FR 44502, 

September 25, 2017). 

(c) Applicability 

This AD applies to British Aerospace 

(Operations) Limited Model Jetstream Model 

3101 airplanes and British Aerospace 

Regional Aircraft Model Jetstream Model 

3201 airplanes, all serial numbers, 

certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2721, Rudder Tab Control System; 

5330, Fuselage Main, Plate/Skin. 

(e) Unsafe Condition 

This AD was prompted by reports of 

corrosion on the rudder tab hinges, fuselage 

skin beneath the marker beacon antenna 

external doubler, and fuselage skin beneath 

the static vent external doubler. The FAA is 

issuing this AD to detect and correct 

corrosion on the rudder tab hinges, fuselage 

skin beneath the marker beacon antenna 

external doubler, and fuselage skin beneath 

the static vent external doubler. The unsafe 

condition, if not addressed, could lead to 

reduced structural integrity of the affected 

parts with consequent loss of control of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Before further flight after the effective 

date of this AD, revise the Airworthiness 

Limitations Section of the existing 

instructions for continued airworthiness for 

your approved maintenance or inspection 

program, as applicable, by incorporating the 

actions and associated thresholds and 

intervals, including life limits, specified in 

BAE Systems Jetstream Series 3100 & 3200 

Corrosion Prevention and Control 

Programme, Manual Ref: JS/CPCP/01, 

Revision 9, dated April 15, 2022 (BAE 

Systems CPCP Manual JS/CPCP/01, Revision 

9). 

(2) The actions required by paragraph (g)(1) 

of this AD may be performed by the owner/ 

operator (pilot) holding at least a private pilot 

certificate and must be entered into the 

aircraft records showing compliance with 

this AD in accordance with 14 CFR 43.9(a) 

and 14 CFR 91.417(a)(2)(v). The record must 

be maintained as required by 14 CFR 91.417, 

121.380, or 135.439. 

(3) Do all the actions in BAE Systems CPCP 

Manual JS/CPCP/01, Revision 9, as follows: 

(i) For all tasks other than 130/EX/01 C3, 

140/EX/01 C2, 150/EX/01 C2, 150/EX/01 C3, 

150/EX/01 C4, and 200/EX/01 C3: At the 

compliance times specified in BAE Systems 

CPCP Manual JS/CPCP/01, Revision 9, or 

within 12 months after the effective date of 

this AD, whichever occurs later. 

(ii) For tasks 130/EX/01 C3, 140/EX/01 C2, 

150/EX/01 C2, 150/EX/01 C3, 150/EX/01 C4, 

and 200/EX/01 C3: Within 12 months after 

the effective date of this AD. 

(4) If any discrepancy, as identified in BAE 

Systems CPCP Manual JS/CPCP/01, Revision 

9, is found during any inspection or task 

required by paragraph (g)(3) of this AD, 

repair or replace, as applicable, all damaged 

structural parts and components and do the 

maintenance procedures for corrective action 

in accordance with and at the compliance 

time specified in BAE Systems CPCP Manual 

JS/CPCP/01, Revision 9, except reporting 

Level 2 and Level 3 corrosion and reporting 

cracks or other structural defects are not 

required. If no compliance time is defined, 

do the applicable corrective action before 

further flight. 

(5) If during any inspection or task 

required by paragraph (g)(3) of this AD, any 

discrepancy is found that is not identified in 

paragraph (g)(4) of this AD or is beyond the 

repairable limits specified in paragraph (g)(4) 

of this AD, before further flight, contact 

either the Manager, International Validation 

Branch, FAA; Civil Aviation Authority (CAA) 

of the United Kingdom (UK); British 

Aerospace (Operations) Limited’s Design 

Organization Approval (DOA) (for Jetstream 

Series 3101); or British Aerospace Regional 

Aircraft’s DOA (for Jetstream Model 3201) for 

approved corrective action instructions and 

accomplish those instructions accordingly. If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(h) Provisions for Alternative Actions and 

Intervals 

After the action required by paragraph 

(g)(1) of this AD has been done, no 

alternative actions and associated thresholds 

and intervals, including life limits, are 

allowed unless they are approved as 

specified in paragraph (i) of this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (j)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

(1) Refer to UK CAA AD G–2022–0021, 

dated December 21, 2022, for related 

information. This UK CAA AD may be found 

in the AD docket at regulations.gov under 

Docket No. FAA–2023–1643. 

(2) For more information about this AD, 

contact Doug Rudolph, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Westbury, NY 11590; phone: (816) 329–4059; 

email: doug.rudolph@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) BAE Systems Jetstream Series 3100 & 

3200 Corrosion Prevention and Control 

Programme, Manual Ref: JS/CPCP/01, 

Revision 9, dated April 15, 2022. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact BAE Systems (Operations) 

Ltd., Customer Information Department, 

Prestwick International Airport, Ayrshire, 

KA9 2RW, Scotland, United Kingdom; 

phone: +44 3300 488727; fax: +44 1292 

675704; email: RApublications@

baesystems.com; website: baesystems.com/ 

businesses/regionalaircraft/. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 


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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67643 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–21632 Filed 9–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 181 

[Public Notice: 12151] 

RIN 1400–AF63 

Publication, Coordination, and 

Reporting of International Agreements: 

Amendments 

AGENCY: Department of State. 

ACTION: Final rule; request for comment. 

SUMMARY: The Department of State 

(‘‘Department’’) finalizes regulations 

regarding the publication, coordination, 

and reporting of international 

agreements. Section 5947 of the James 

M. Inhofe National Defense 

Authorization Act for Fiscal Year 2023 

made changes regarding the reporting to 

Congress and publication of the texts of 

international agreements and related 

information. The amendments include 

changes to the scope and deadlines 

associated with requirements to report 

international agreements and related 

information to Congress, and to publish 

the texts of international agreements in 

the Treaties and Other International 

Acts Series (TIAS). These amendments 

are intended to reflect and to implement 

the recently enacted changes to the 

reporting process. 

DATES: 

Effective date: This rule is effective on 

October 2, 2023. 

Comments due date: The Department 

of State will consider comments 

submitted until November 1, 2023. 

ADDRESSES: Interested parties may 

submit comments to the Department by 

any of the following methods: 

• Internet (preferred): At 

www.regulations.gov, you can search for 

the document using Docket Number 

DOS–2023–0024 or RIN 1400–AF63. 

• Email: Michael Mattler, Office of 

the Legal Adviser, U.S. Department of 

State, treatyoffice@state.gov. 

• All comments should include the 

commenter’s name, the organization the 

commenter represents, if applicable, 

and the commenter’s address. If the 

Department is unable to read your 

comment for any reason, and cannot 

contact you for clarification, the 

Department may not be able to consider 

your comment. After the conclusion of 

the comment period, the Department 

will publish a final rule (in which it will 

address relevant comments) as 

expeditiously as possible. 

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 treatyoffice@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of State is implementing 

amendments to 22 CFR part 181 to 

reflect the enactment of Section 5947 of 

the National Defense Authorization Act 

for Fiscal Year (FY) 2023 (Pub. L. 117– 

263) (‘‘the NDAA’’). Section 5947 

amends 1 U.S.C. 112a and 1 U.S.C. 

112b, known as the Case-Zablocki Act, 

regarding the publication, coordination, 

and reporting to Congress of 

international agreements. 

Section 5947 expands the application 

of the Case-Zablocki Act’s reporting and 

publication requirements to include 

‘‘qualifying non-binding’’ instruments 

as defined in the statute. To implement 

these changes, the rule adds two new 

sections to 22 CFR part 181: one 

establishing criteria that will apply to 

the identification of qualifying nonbinding instruments (Section 181.4) and 

one regarding the process the 

Department of State will follow for 

assessing whether particular nonbinding instruments constitute 

‘‘qualifying non-binding instruments’’ 

within the meaning of the statute 

(Section 181.5). These sections follow 

the form and structure of existing 

Sections 181.2 and 181.3 which 

establish comparable criteria and 

procedures regarding the identification 

of international agreements. 

In accordance with 1 U.S.C. 

112b(k)(5), among the elements for 

determining whether a non-binding 

instrument is a ‘‘qualifying non-binding 

instrument’’ for the purposes of the 

statute is whether the instrument ‘‘could 

reasonably be expected to have a 

significant impact on the foreign policy 

of the United States.’’ Amended 22 CFR 

181.3(b)(3) establishes factors for 

consideration when assessing the 

significance of a non-binding 

instrument on the foreign policy of the 

United States. These factors reflect 

considerations cited by the 

Congressional sponsors of section 5947 

in connection with Congress’s 

consideration of the legislation. These 

factors include whether, and to what 

extent, the instrument is of importance 

to the United States’ relationship with 

another country, such as by addressing 

a significant new policy or initiative 

(rather than ongoing activities or 

cooperation); affects the rights or 

responsibilities of U.S. citizens, U.S. 

nationals, or individuals in the United 

States; impacts State laws; has 

budgetary or appropriations impact; 

requires changes to U.S. law to satisfy 

commitments made therein; presents a 

new commitment or risk for the entire 

Nation; and is of Congressional or 

public interest. 

The procedures set out in 22 CFR 

181.4(b) for assessing whether particular 

non-binding instruments could 

reasonably be expected to have a 

significant impact on the foreign policy 

of the United States provide for such 

assessments to be made in the first 

instance by the State Department bureau 

for instruments negotiated by the 

Department of State or the U.S. 

Government agency responsible for 

negotiating the instrument. On a 

monthly basis a list of instruments 

identified by State Department bureaus 

and U.S. Government agencies as 

reasonably expected to have a 

significant impact on the foreign policy 

of the United States will be submitted 

to the Under Secretary of State for 

Political Affairs for approval for 

transmittal to the Congress in 

accordance with the Case-Zablocki Act. 

Amendments to 22 CFR 181.6 update 

the procedures by which U.S. 

Government agencies consult with the 

Secretary of State regarding 

international agreements proposed for 

negotiation or conclusion to reflect 

developments in practice and technical 

clarifications since 22 CFR 181.6 was 

last updated. Amendments to this 

section also reflect recommendations 

from the Government Accountability 

Office designed to facilitate the 

identification and monitoring of 

international agreements containing 

fiscal contingencies that could give rise 

to future financial losses or other costs 

for the United States or U.S. 

Government agencies in amounts that 

could be material for the purposes of 

reporting on annual financial 

statements. 

Amendments to 22 CFR 181.7 

consolidate in a single section guidance 

previously contained in other sections 

of the regulations regarding transmittal 

by U.S. Government agencies to the 

Department of State of international 

agreements and related material. They 

also include new guidance on the 

transmittal of qualifying non-binding 

instruments and related material to 

reflect new requirements contained in 

section 5947 of NDAA 2023, as well as 


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