[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29940-29941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14822]
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DEPARTMENT OF STATE
22 CFR Parts 81, 82, 83, 84, 85, 86, 87, and 88
[Public Notice 2406]
Shipping and Seamen
AGENCY: Bureau of Consular Affairs, State.
ACTION: Final rule.
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SUMMARY: As part of the President's Regulatory Reinvention Initiative,
the Bureau of Consular Affairs is repealing all of its regulations on
Shipping and Seamen, which are found at 22 CFR Parts 81 through 88.
Several of the current regulations are obsolete and some of the
regulations are merely word-for-word repetitions of existing statutes.
At the same time, most of the procedural aspects of consular work
relating to shipping and seamen are covered in the Foreign Affairs
Manual, which provides guidance and instructions to consuls performing
these responsibilities worldwide, and do not need to be covered in
regulations. The Bureau is currently considering whether to propose a
replacement section, to be designated as 22 CFR Part 80. If the Bureau
decides that such regulations are necessary, it will propose new
regulations that will be up to date and more appropriate in scope and
content.
In the interim, the Department will rely directly on its statutory
authorities in this area and the procedures in the Foreign Affairs
Manual to perform shipping and seamen functions.
EFFECTIVE DATE: June 13, 1996.
FOR FURTHER INFORMATION CONTACT: Carmen A. DiPlacido, or Michael
Meszaros, Overseas Citizens Services, Department of State, 202-647-3666
or 202-647-4994.
SUPPLEMENTARY INFORMATION: This rule eliminates Parts 81 through 88 of
the Title 22 of the Code of Federal Regulations. These rules relate to
consular services provided to seamen and in connection with U.S.
registered vessels. In recent years, the number of U.S. citizens
serving as merchant seamen has declined. Also, the number of merchant
vessels registered in the United States has declined. Proportionately,
the quantity of consular services provided to U.S. seamen has also
declined. Currently, very few foreign service posts are called upon to
[[Page 29941]]
provide services related to shipping and seamen. Those they do perform
are very routine functions. While historically important, protection of
seamen is not any longer a significant function performed by consular
officers.
In addition, there have been major legislative changes since
Chapters 81-88 were promulgated. Many of the current regulations have
been unchanged since 1957, and a good portion have become obsolete. For
example, 22 CFR section 87.1 authorizes consular officers to issue a
certificate of American Ownership or a Provisional Certificate of
Registry. In fact, Provisional Certificates of Registry have not been
issued since 1981. Another example is 22 CFR section 84.8(b), which
refers to ``shipping commissioners.'' There are no longer any shipping
commissioners. In addition, some of the statutes on which the
regulations are based have been repealed (e.g., 46 U.S.C. 593, and 46
U.S.C. 621 to 628) and replaced by new and different legislation.
In repealing the regulations on Shipping and Seamen, the Bureau of
Consular Affairs has consulted with the Coast Guard and the United
Seamen's Service. It was determined that many of the current
regulations merely restate statutory or common law, or deal with the
internal policy of the Department of State. As such, they are
unnecessary and can be removed.
If new regulations are proposed, they will be much simpler and
consistent with the current State Department dealings with shipping and
seamen. The core functions (responsibilities to vessels, relief and
repatriation of individual seamen) will be spelled out as necessary.
It is hereby certified that the repeal of these regulations will
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C.
605(b), because the issues addressed are not of an economic nature and
a very small number of U.S. vessels will be affected. In addition, the
repeal of these regulations will not impose information collection
requirements under the provisions of the Paperwork Reduction Act of
1995, 44 U.S.C. Chapter 35. Nor do these rules have federalism
implications warranting the preparation of a Federalism Assessment in
accordance with E.O. 12612.
Review under E.O. 12988 is not required, because no new regulations
are being proposed at this time. This regulatory action is exempt from
review under E.O. 12866, but has been undertaken consistent with the
policies and principles thereof. This action is being taken as a final
rule, pursuant to the ``good cause'' provision of 5 U.S.C. section 553
(b); notice and comment are not necessary in light of the fact that
Department is merely repealing regulations that are obsolete or
repetitive of other statutory or procedural guidance. Moreover, the
Department will continue to have authority to act with respect to
shipping and seamen by relying directly upon existing statutory
authority.
List of Subjects in 22 CFR Parts 81, 82, 83, 84, 85, 86, 87, and 88
Foreign Service, Seamen, Vessels.
Pursuant to the above authorities, Title 22 of the Code of Federal
Regulations is amended as set forth below:
PARTS 81 THROUGH 88--[REMOVED]
1. Parts 81 through 88 are removed.
Dated: May 31, 1996.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-14822 Filed 6-12-96; 8:45 am]
BILLING CODE 4710-06-M