[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