29940 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

10 61 FR 1366.

11 61 FR 5679.

DOE on January 19, 1996,10 and by the

Commission on February 14, 1996.11

List of Subjects of 16 CFR Part 305

Advertising, Energy conservation,

Household appliances, Labeling,

Reporting and recordkeeping

requirements.

Accordingly, 16 CFR Part 305 is

amended as follows:

PART 305—[AMENDED]

1. The authority citation for Part 305

continues to read as follows:

Authority: 42 U.S.C. 6294.

2. Appendix F to Part 305 is revised

to read as follows:

Appendix F to Part 305—Clothes

Washers

Range Information

‘‘Compact’’ includes all household clothes

washers with a tub capacity of less than 1.6

cu. ft. or 13 gallons of water.

‘‘Standard’’ includes all household clothes

washers with a tub capacity of 1.6 cu. ft. or

13 gallons of water or more.

Capacity

Range of estimated annual

energy consumption (kWh/

yr.)

Low High

Compact:

Top Loading .................. 607 1061

Front Loading ................ (*) (*)

Standard:

Top Loading .................. 616 1335

Front Loading ................ 241 280

(*) No data submitted.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 96–15022 Filed 6–12–96; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice Number 2401]

Passports

AGENCY: Bureau of Consular Affairs,

State.

ACTION: Final rule.

SUMMARY: This rule amends the

regulations at 22 CFR Part 51, Subpart

B to eliminate obsolete language

regarding release of passport

information.

EFFECTIVE DATE: June 13, 1996.

FOR FURTHER INFORMATION CONTACT:

Willaim B. Wharton, Director, Office of

Passport Policy and Advisory Services,

telephone (202) 955–0231.

SUPPLEMENTARY INFORMATION: Present

regulations provide for the release of

passport information in accordance with

the provisions of the Privacy Act, the

Freedom of Information Act and

applicable provisions of 22 CFR Part

171 and Part 172. This rule is not

expected to have significant impact on

a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. In addition, this rule

does not impose information collection

requirements under the provisions of

the Paperwork Reduction Act of 1980.

This rule has been reviewed as required

by E.O. 12778 and certified to be in

compliance therewith. This rule is

exempt from review under E.O. 12866,

but has been reviewed internally by the

Department to ensure consistency with

the objectives thereof. In addition, as

this amendment involves ‘‘a matter

relating to agency management,’’ it is

exempt from the requirement of notice

and comment pursuant to section

553(a)(2) of the Administrative

Procedures Act; and, accordingly, it may

be promulgated as a final rule.

List of Subjects in 22 CFR Part 51

Passports and visas, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 22 CFR Part 51 is amended as

follows:

PART 51—PASSPORTS

Subpart B—Application

1. The authority citation for section

51.33 is revised to read as follows:

Authority: 22 U.S.C. 2658 and 3926; 5

U.S.C. 552, 552a.

2. Section 51.33 is revised to read as

follows:

§ 51.33 Release of passport information.

Information in passport files is subject

to the provisions of the Freedom of

Information Act (FOIA) and the Privacy

Act. Release of this information may be

requested in accordance with the

implementing regulations set forth in

Subchapter R, Part 171 or Part 172 of

this title.

Dated: May 20, 1996.

Mary A. Ryan,

Assistant Secretary of State for Consular

Affairs.

[FR Doc. 96–14825 Filed 6–12–96; 8:45 am]

BILLING CODE 4710–06–M

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.

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
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 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

Bureau of Economic and Business

Affairs

[Public Notice 2396]

22 CFR Part 89

Foreign Prohibitions on Longshore

Work by U.S. Nationals

AGENCY: Bureau of Economics and

Business Affairs, State.

ACTION: Final rule.

SUMMARY: In accordance with the

Immigration and Nationality Act of

1952, as amended, the Department of

State is issuing a rule updating the list,

of longshore work by particular activity,

of countries where performance of such

a particular activity by crewmembers

aboard United States vessels is

prohibited by law, regulation or in

practice in the country.

EFFECTIVE DATE: June 13, 1996.

ADDRESSES: Office of Maritime and Land

Transport (EB/TRA/MA), Room 5828,

Department of State, Washington, D.C.

20520–5816.

FOR FURTHER INFORMATION CONTACT:

Richard T. Miller, Office of Maritime

and Land Transport, Department of

State, (202) 647–6961.

SUPPLEMENTARY INFORMATION: Section

258 of the Immigration and Nationality

Act of 1952, 8 U.S.C. 1288, determines

that alien crewmen may not perform

longshore work in the United States.

Longshore work is defined broadly to

include ‘‘any activity relating to the

loading or unloading of cargo, the

operation of cargo-related equipment

(whether or not integral to the vessel),

and the handling of mooring lines on

the dock when the vessel is made fast

or let go, in the United States or the

coastal waters thereof.’’ The Act goes

on, however, to define a number of

exceptions to the general prohibition on

such work.

Section 258(b)(2), in what is known as

the ‘‘Exception for Safety and

Environmental Protection,’’ excludes

from the definition of longshore work

under this statute ‘‘the loading or

unloading of any cargo for which the

Secretary of Transportation has, under

the authority contained in chapter 37 of

title 46, United States Code (relating to

Carriage of Liquid Bulk Dangerous

Cargoes), section 311 of the Federal

Water Pollution Control Act (33 U.S.C.

1321), section 4106 of the Oil Pollution

Act of 1990, or section 105 or 106 of the

Hazardous Materials Transportation Act

(49 U.S.C. App. 1804, 1805) prescribed

regulations which govern—(A) the

handling or stowage of such cargo, (B)

the manning of vessels and the duties,

qualifications, and training of the

officers and crew of vessels carrying

such cargo, and (C) the reduction or

elimination of discharge during

ballasting, tank cleaning, handling of

such cargo.’’

Section 258(c), in what is known as

the ‘‘Prevailing Practice Exception,’’

exempts particular activities of

longshore work in and about a local port

if there is a collective bargaining

agreement covering at least 30 percent

of the longshore workers in the area that

permits the activities or if there is no

such collective bargaining agreement

and the employer of the alien crew files

an appropriate attestation, in a timely

fashion, that the performance of the

activity by alien crewmen is permitted

under the prevailing practice of the

particular port. The attestation is not

required for activities consisting of the

use of an automated self-unloading

conveyor belt or vacuum-actuated

system on a vessel unless the Secretary

of Labor finds, based on a

preponderance of evidence which may

be submitted by any interested party,

that the performance of such particular

activity is not the prevailing practice in

the area or that certain labor actions are

underway.

Section 258(d), the ‘‘State of Alaska

Exception,’’ provides detailed

conditions under which alien

crewmembers may be allowed to

perform longshore activities in Alaska,

including the filing of an attestation