[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Page 6506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3741]
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DEPARTMENT OF STATE
Office of the Legal Adviser
22 CFR Parts 111, 112, and 133
[Public Notice 2332]
Repeal of Department of State Regulations on Removal of Alien
Enemies, on World War II Reparations, and on Disposal of Foreign
Surplus Property
AGENCY: Office of the Legal Adviser, Department of State.
ACTION: Final rule with request for comments.
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SUMMARY: The Department of State is removing Parts 111, 112, and 133 of
Title 22 of the Code of Federal Regulations. Part 111 relates to
removal of alien enemies brought to the United States from other
American republics. Part 112 relates to World War II reparations. Part
133 relates to disposal of surplus property in foreign areas under the
Surplus Property Act of 1944. Parts 111 and 112 are obsolete and
unnecessary. Part 133 is obsolete because of the repeal of the
statutory authority and changes in the agencies having regulatory
authority for the few remaining provisions; it is also unnecessary
because of replacement statutory and regulatory authority on this
subject.
DATES: Effective April 22, 1996. Comments are due on or before March
22, 1996.
ADDRESSES: Interested persons should send comments in writing and in
duplicate to the Assistant Legal Adviser for Legislation and General
Management, Office of the Legal Adviser, Department of State,
Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT:
Mary Beth West, Assistant Legal Adviser for Legislation and General
Management, (202) 647-5154.
SUPPLEMENTARY INFORMATION: This rule repeals 22 CFR Parts 111 and 112,
which relate, respectively, to removal from the United States of aliens
brought into the United States from another American republic whose
presence the Secretary of State determines to be prejudicial to the
security or welfare of the Americas, and to acceptance of World War II
reparations payments. The authority upon which Part III was based,
Presidential Proclamation No. 2655, dated April 10, 1946 (3 CFR 1943-
1948 Comp.), has been repealed. The reparations program under Part 112
has not been active for some time and is not expected to be resumed.
This rule also repeals Part 133, which was issued to implement
provisions of the Surplus Property Act of 1944, as amended (50 U.S.C.
App. 1611-1646) intended to regulate the disposition of United States
Government property abroad in the aftermath of World War II. Most
provisions of that Act have been repealed and superseded by more
general provisions on disposition of United States Government property
under the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471 et seq.) or specific statutory authorities such
as the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2141 et
seq.). Superseding and remaining authorities are now the regulatory
responsibility of agencies other than the Department of State.
The regulations which are the subject of the present rule are
obsolete and unnecessary, dating from the World War II era. The
regulations have not been used for many years. We believe, therefore,
that the repeal of these regulations will be noncontroversial and that
adverse comments will not be received. For that reason, it has been
determined that the ``good cause'' exception from advance notice and
comment rulemaking, found at 5 U.S.C. 553(d)(3), permits the direct
implementation of this rule repealing those regulations with provision
for post-promulgation comment instead.
Repeal of these regulations is in furtherance of the President's
Regulatory Reinvention Initiative. Neither the rule, nor the
regulations which it would repeal, are expected to have a significant
impact on a substantial number of small entities when considered under
the criteria of the Regulatory Flexibility Act.
The rule does not impose a Federal regulatory mandate on State,
local, or tribal government entities under the Unfunded Mandates Act
(P.L. 104-4) because it repeals regulations which themselves created no
such mandate. 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 by the Assistant Legal Adviser
for Legislation and General Management and certified that it is in
compliance with Executive Order 12778. This rule is exempt from review
under Executive Order 12866, but has been reviewed internally by the
Department of State to ensure consistency with the objectives of that
order.
List of Subjects
22 CFR Part 111
Aliens, Security measures.
22 CFR Part 112
War claims.
22 CFR Part 133
Surplus Government property.
PARTS 111, 112, AND 133--[REMOVED]
Accordingly, under the authority of 22 U.S.C. 2651a(4), 22 CFR
Parts 111, 112, and 133 are removed.
Dated: February 7, 1996.
Mary Beth West,
Assistant Legal Adviser for Legislation and General Management.
[FR Doc. 96-3741 Filed 2-20-96; 8:45 am]
BILLING CODE 4710-08-M
