[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6879]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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DEPARTMENT OF STATE

Bureau of Economic and Business Affairs

22 CFR Part 89

[Public Notice 1969]

 

Foreign Prohibitions on Longshore Work by U.S. Nationals

AGENCY: Department of State.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: In accordance with the Immigration and Nationality Act of 
1952, as amended, the Department of State is compiling information to 
update the list, by particular activity, of countries that prohibit by 
law, regulation or in practice crewmembers aboard U.S. vessels from 
performing longshore work.

DATES: Interested parties are invited to submit comments in triplicate 
by April 25, 1994.

ADDRESSES: For mailing public comments: Office of Maritime and Land 
Transport (EB/TRA/MA), room 5828, Department of State, Washington, DC. 
20520-5816.

FOR FURTHER INFORMATION CONTACT:
Stephen M. Miller, Office of Maritime and Land Transport, Department of 
State, (202) 647-6961.

SUPPLEMENTARY INFORMATION: Section 258(d)(2) of the Immigration and 
Nationality Act of 1952, as added by the Immigration Act of 1990, 
Public Law 101-649, 8 U.S.C. Sec. 1288 (hereinafter: the Act) directs 
the Secretary of State (hereinafter: the Secretary) to compile and 
annually maintain a list, of longshore work by particular activity, of 
countries where performance of such activity by crewmembers aboard 
United States vessels is prohibited by law, regulation or in practice 
by the country. The Attorney General will use the list to determine 
whether to permit an alien crewmember to perform an activity 
constituting longshore work in the United States or its coastal waters, 
in accordance with the conditions set in the Act.
    The Department issued a list in Final Rule (56 FR 66970) on 
December 17, 1991, with correction at 57 FR 1384 on January 14, 1992. 
On December 13, 1993, an updated list was issued at 58 FR 65118. The 
Department formulated the lists on the basis of reports from United 
States diplomatic posts aboard about relevant laws, regulations and 
practices of their host countries and submissions from interested 
parties in response to the notice-and-comment process.
    To update the list, the Department proposes to ask U.S. diplomatic 
and consular posts abroad to contact host government officials and 
other appropriate sources for information on (a) any host government 
laws or regulations restricting or having the effect of restricting any 
type of longshore activities by crews of U.S. vessels, including 
general immigration laws and regulations, (b) host country practices 
restricting the crews of U.S. vessels from performing any type of 
longshore activity normally performed in the country in the past year, 
and (c) changes in host country laws, regulations or practices which 
have reduced or increased restrictions on longshore activities by crews 
of U.S. vessels. Through this notice, the Department is seeking 
comments from interested parties.
    Taking into account the language of section 258 and its legislative 
history, the Department adopted in prior rulemakings an interpretation 
that confined its reach to situations in which crewmenbers of U.S. 
vessels were precluded from performing longshore work in a foreign port 
by virtue of specific laws, regulations or governmental imposition or 
approval of collective bargaining agreements.
    As part of the proposed rulemaking, the Department is considering 
whether the above interpretation of section 258 should be maintained. 
Interested parties are therefore invited to submit comments on this 
question, including its policy implications, as well.
    Copies of public comments submitted in response to this Notice and 
reports from the U.S. diplomatic posts abroad will be available for 
public inspection in Room 1239, Department of State, 2201 C St., NW., 
Washington, DC. For access, interested persons should call Olga Luck at 
(202) 647-8484.

    Dated: March 18, 1994.
James R. Tarrant,
Deputy Assistant Secretary for Transportation Affairs, Bureau of 
Economic and Business Affairs, Department of State.
[FR Doc. 94-6879 Filed 3-23-94; 8:45 am]
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