[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Rules and Regulations]
[Pages 76630-76631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31200]


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DEPARTMENT OF STATE

22 CFR Part 102

[Public Notice: 9365]
RIN 1400-AD55


Repeal of Civil Aviation Regulations

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: In accordance with Executive Order 13563 of January 18, 2011, 
which addresses agency review of existing regulations, including those 
that may be outmoded or ineffective, the Department of State is 
repealing our regulations on civil aviation. These regulations, which 
relate to civil aircraft accidents abroad and were promulgated in 1957, 
are outdated and duplicative of other authorities, including subsequent 
statutes, regulations, and Department of State guidance, that specify 
detailed, modern, comprehensive, and effective procedures for dealing 
with civil aircraft disasters abroad.

DATES: This rule is effective December 10, 2015.

FOR FURTHER INFORMATION CONTACT: Daniel Klimow, Attorney Adviser, 
Office of Legal Affairs, Overseas Citizen Services, U.S. Department of 
State, 2201 C Street NW., SA-17, Washington, DC 20520, (202) 485-6224, 
[email protected].

SUPPLEMENTARY INFORMATION: This rule removes 22 CFR part 102, which 
relates to consular responsibilities regarding an aircraft accident 
abroad involving U.S. citizens and property. In particular, subpart A 
of part 102 addresses reporting, rendering assistance, safeguarding 
wreckage, salvage of diplomatic pouches, protective services for 
survivors, disposition of remains, preservation of property, 
limitations on expenditure of funds, and protection of U.S. interests 
in the case of civil aviation disasters. Subpart B addresses the 
Department of State's responsibility to report to the President on 
public comments related to decisions of the now-dissolved Civil 
Aeronautics Board. The Department of State is repealing part 102 
because it is outdated and duplicative of other federal laws, 
regulations, and guidelines that provide modern, comprehensive, and 
detailed instructions and information for consular officers dealing 
with civil aviation disasters abroad involving U.S. citizens, as 
outlined below.
    The Aviation Security Improvement Act of 1990 (AVA), 22 U.S.C. 5501 
et seq., was enacted to improve the response of the Department of State 
and missions abroad to aircraft disasters abroad in which U.S. citizens 
are killed. The AVA mandates a series of detailed responsibilities 
pertaining to the treatment of victims and their families following an 
aviation disaster abroad. For example:
     22 U.S.C. 5501(b)(1)(C) directs the Departments of State 
and Transportation to negotiate agreements to achieve improved 
availability of passenger manifest information;
     22 U.S.C. 5503 addresses notification of families of 
victims and sets a policy of the Department of State, pursuant to 22 
U.S.C. 2715, to directly and promptly notify the families of victims of 
aviation disasters abroad concerning U.S. citizens directly affected by 
such a disaster, including timely written notice, notwithstanding 
notification by any other person;
     22 U.S.C. 5504 provides that, if possible, in the event of 
an aviation disaster directly involving U.S. citizens abroad, the 
Department of State will assign a specific individual and an alternate 
as the Department of State liaisons for the family of each such U.S. 
citizen affected, and establish a toll-free communications system to 
facilitate inquiries concerning the effect of any disaster abroad on 
U.S. citizens residing or traveling abroad;
     22 U.S.C. 5505 addresses disaster management training for 
Department of State personnel;
     22 U.S.C. 5506 addresses Department of State 
responsibilities and procedures at international disaster sites and 
provides, among other items, that not less than one senior officer from 
the Bureau of Consular Affairs of the Department of State shall be 
dispatched to the site of an international disaster involving 
significant numbers of U.S. citizens abroad. It also requires the 
Department of State to promulgate procedures for deployment of crisis 
response teams to provide on-site assistance to families who may visit 
the site and to act as an ombudsman in matters involving the foreign 
local government authorities and social service agencies. Crisis teams 
may include public affairs, forensic, and bereavement experts, and are 
to be sent to the site of any international disaster involving U.S. 
citizens abroad to augment in-country embassy and consulate staff; and
     22 U.S.C. 5507 addresses recovery and disposition of 
remains and personal effects, and identifies a Department of State 
policy to liaise with foreign governments and persons and U.S. air 
carriers concerning arrangements for the preparation and transport of 
the remains of U.S. citizens who die abroad, as well as the disposition 
of their personal effects.
    In addition, the Department of State updated and republished the 
regulations at 22 CFR part 72, entitled Deaths and Estates, in 2007, 
which provide detailed guidance for consular officials regarding their 
consular authorities and responsibilities in cases of deaths of U.S. 
nationals abroad. The regulations apply to deaths that occur in the 
course of an aircraft disaster, and further address consular reports of 
death abroad, circumstances and responsibilities for serving as 
provisional conservator of a deceased U.S. citizen's estate, 
disposition of remains, taking physical possession of specified 
personal effects, release of the deceased's personal estate to the 
estate's legal representative, and disposition of real estate, among 
other issues. 22 CFR 72.21 and 72.7 impose restrictions on the 
expenditure of funds and the incurring of financial obligations in 
connection with deaths and estates of U.S. citizens abroad. 22 CFR 71.6 
provides that Foreign Service Officers

[[Page 76631]]

shall not expend the funds nor pledge the credit of the U.S. government 
to aid distressed U.S. citizens except as authorized by the Department 
of State. Deaths in private aviation disasters involving U.S. citizens 
and their property abroad as well as deaths in aircraft carriers are 
subject to 22 CFR part 72 titled ``Reporting Deaths of United States 
Nationals.''
    Further, the Department of State has adopted detailed, 
comprehensive guidance in volume seven of the Foreign Affairs Manual 
(FAM), chapter 1800, on coordinating and managing the federal response 
to aviation disasters involving U.S. citizens abroad. Specific 
instructions, operational frameworks, and resources to guide consular 
officers' responses to aircraft disasters abroad involving U.S. 
citizens are detailed in 7 FAM 1800 on Consular Crisis Management; 7 
FAM 1830 on Aviation and Other Transportation Disasters; 7 FAM 1880 
entitled At the Focal Point of a Disaster; and attached appendices, in 
particular Appendix 7 FAM Exhibit 1830(A), Checklist of Post's 
Responsibilities in an Aviation Crisis. Additionally 12 FAM, in 
particular 12 FAM 100 and 500, provide detailed guidance for U.S. 
government personnel on safeguarding diplomatic pouch shipments 
generally, including shipments transported by aircraft.
    There are other pertinent legal authorities, including the Foreign 
Air Carrier Family Support Act of 1997, Public Law 105-148, which 
require foreign air carriers to provide the National Transportation 
Safety Board (NTSB) with a plan addressing the needs of the families of 
passengers on foreign air carriers involved in aviation disasters; the 
1944 Convention on International Civil Aviation (the Chicago 
Convention), to which the United States is a party and which addresses, 
among other items, aircraft disaster investigations; and 14 CFR part 
243 on passenger manifests.
    Subpart B of part 102 established procedures for the receipt by the 
Department of State of comments from private parties on possible 
recommendations by the Department of State to the President on 
decisions of the Civil Aeronautics Board submitted for the President's 
approval under section 801 of the Federal Aviation Act of 1958, which 
relates to overseas and international air transportation. This 
responsibility is now with the Department of Transportation. See 49 
U.S.C. 41307.
    These authorities render 22 CFR part 102 obsolete. It is therefore 
removed.

Regulatory Analysis

Administrative Procedure Act

    This action is being taken as a final rule, with an immediate 
effective date, pursuant to the ``good cause'' provision of 5 U.S.C. 
553(b). It is the position of the Department of State that notice and 
comment are not necessary in light of the fact that 22 CFR part 102, 
repealed by this rulemaking, is obsolete and duplicative of other 
authorities.

Regulatory Flexibility Act

    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).

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532, generally requires agencies to prepare a statement before 
proposing any rule that may result in an annual expenditure of $100 
million or more by state, local, or tribal governments, or by the 
private sector. This rule will not result in any such expenditure, nor 
will it significantly or uniquely affect small governments.

Executive Orders 12866 and 13563

    The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of this 
regulation justify any costs. The Department of State does not consider 
this rule to be an economically significant action within the scope of 
section 3(f)(1) of the Executive Order. 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.

Federalism

    This regulation will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Nor will the rule have federalism 
implications warranting the application of Executive Orders 12372 and 
13132.

Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Consultations With Tribal Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Paperwork Reduction Act

    This rule does not impose or revise any information collection 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 102

    Aircraft, Foreign Service.

    Accordingly, under the authority of 22 U.S.C. 2651a, the Department 
of State amends 22 CFR chapter I, subchapter K, by removing part 102.

    Dated: December 1, 2015.
 David T. Donahue,
Principal Deputy Assistant Secretary, Bureau of Consular Affairs.
[FR Doc. 2015-31200 Filed 12-9-15; 8:45 am]
BILLING CODE 4710-06-P