[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85429-85430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24890]


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

DEPARTMENT OF STATE

22 CFR Part 92

[Public Notice: 12553]
RIN 1400-AF89


Notarial and Related Services

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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

SUMMARY: The Bureau of Consular Affairs amends its notarial rules to 
reflect that the Director, Deputy Directors, and regional Division 
Chiefs of the Office of American Citizens Services and Crisis 
Management, Overseas Citizens Services will designate U.S. citizen 
employees of the Department of State abroad, who are not diplomatic or 
consular officers, to perform notarial services. This change will 
streamline the designation process allowing expedited designation to 
provide this and expedite notarial service where needed at U.S. 
embassies and consulates abroad.

DATES: This rule is effective on November 27, 2024.

FOR FURTHER INFORMATION CONTACT: Thales Dus, U.S. Department of State, 
CA/OCS/MSU, SA-17, 10th Floor, Washington, DC 20522-1707, 
<a href="/cdn-cgi/l/email-protection#c08f839392a5a7b380b3b4a1b4a5eea7afb6"><span class="__cf_email__" data-cfemail="3c737f6f6e595b4f7c4f485d4859125b534a">[email protected]</span></a>, 202-485-6020.

SUPPLEMENTARY INFORMATION: This final rule modifies the Department's 
regulations on Notarial and Related Services in 22 CFR part 92. 
Amendments to Sec.  92.1 authorize the Director, Deputy Directors and 
regional Division Chiefs of the Office of American Citizens Services 
and Crisis Management, Bureau of Consular Affairs, to designate U.S. 
citizen employees of the U.S. Department of State abroad, who are not 
diplomatic or consular officers, to perform notarial services at U.S. 
diplomatic and consular offices abroad. This change will replace the 
authorization for the Deputy Assistant Secretary for Overseas Citizens 
Services as the sole Department official able to designate U.S. citizen 
employees of the Department abroad as notarizing officers.
    The Department is making this change to improve efficiencies in the 
process of designating Department employees as notarizing officers at 
U.S. embassies and consulates abroad. Demand for notarial services at 
230 diplomatic and consular posts abroad varies from year to year but 
the trend line for requests for notarial services is ever increasing. 
The authority to designate U.S. citizen Department employees as 
notarizing officers has been a key resource for addressing increasing 
demand at posts abroad. The changes to this regulation authorizing an 
increase in the number of persons able to make such designations will 
place the Department on a more

[[Page 85430]]

nimble, efficient footing able to better manage capacity demands.

Regulatory Findings

Administrative Procedure Act

    This rule is a rule of agency organization, procedure, or practice, 
and thus is exempt from the ``notice and comment'' requirements of the 
Administrative Procedure Act. 5 U.S.C. 553(b). Pursuant to 5 U.S.C. 
553(d), this rule will be effective 30 days after publication.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal 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.

Congressional Review Act

    This rule is not a major rule as defined by 5 U.S.C. 804. This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign based companies in domestic and import markets.

Executive Order 12866, 14094, and 13563

    The Office of Information and Regulatory Affairs has designated 
this rulemaking as not significant under Executive Order 12866, section 
3(f), Regulatory Planning and Review. The Department has reviewed the 
regulation to ensure its consistency with the regulatory philosophy and 
principles set forth in Executive Order 12866, as amended by Executive 
Order 14094.
    The Department of State has considered this rule in light of 
Executive Order 13563, dated January 18, 2011, and affirms that this 
regulation is consistent with the guidance therein. Global notarial 
service volume in recent years was as follows:

2024-212,142 (as of August 2024)
2023-233,923
2022-263,036

    The number of Designations of Notarizing Officers approved by the 
Deputy Assistant Secretary for Overseas Citizens Services in recent 
years are:

2024-130 (as of September 2024)
2023-114
2022-90

    This rule will authorize more individuals than the Deputy Assistant 
Secretary to make designations of Notarizing Officers. The Department 
believes this will benefit both the public and the Department, and any 
cost associated with this change is outweighed by the efficiency this 
should add to the notary process.

Executive Orders 12372 and 13132

    This regulation 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, 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 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this regulation.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 92

    Notarial and related services.

    For the reasons set out in the preamble, 22 CFR part 92 is amended 
as follows:

PART 92--NOTARIAL AND RELATED SERVICES

0
1. The authority citation for part 92 is revised to read as follows:

    Authority:  22 U.S.C. 2651a, 2656, 4215 and 4221.


Sec.  92.1  [AMENDED]

0
2. Amend Sec.  92.1 by revising paragraph (d) and removing the 
undesignated paragraph following paragraph (d) to read as follows:


Sec.  92.1  Definitions.

* * * * *
    (d) For purposes of this part, except Sec. Sec.  92.36 through 
92.42 relating to the authentication of documents, the term 
``notarizing officer'' includes consular officers, officers of the 
Foreign Service who are secretaries of embassy or legation under 
section 24 of the Act of August 18, 1856, 11 Stat. 61, as amended (22 
U.S.C. 4221), and such U.S. citizen Department of State employees as 
the Director or Deputy Directors, and regional Division Chiefs, Office 
of American Citizens Services and Crisis Management, Overseas Citizens 
Services, Bureau of Consular Affairs, U.S. Department of State may 
designate for the purpose of performing notarial acts overseas pursuant 
to Section 127(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994-1995, Public Law 103-236, April 30, 1994 (``designated 
employees''). The authority of designated employees to perform notarial 
services shall not include the authority to perform authentications, to 
notarize patent applications, or take testimony in a criminal action or 
proceeding pursuant to a commission issued by a court in the United 
States, but shall otherwise encompass all notarial acts, including but 
not limited to administering or taking oaths, affirmations, affidavits 
or depositions. The notarial authority of a designated employee shall 
expire upon termination of the employee's assignment to such duty and 
may also be terminated at any time by the Director or Deputy Directors, 
or regional Division Chiefs of the Office of American Citizen Services 
and Crisis Management, Overseas Citizens Services, Bureau of Consular 
Affairs, U.S. Department of State.

Angela M. Kerwin,
Deputy Assistant Secretary, Bureau of Consular Affairs/Office of 
Overseas Citizen Services, Department of State.
[FR Doc. 2024-24890 Filed 10-25-24; 8:45 am]
BILLING CODE 4710-25-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>