83 FR 15740 - Repeal of Benefits for Hostages in Iraq, Kuwait, or Lebanon

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 71 (April 12, 2018)

Page Range		15740-15741
FR Document		2018-07074

In accordance with Executive Order 13771 of January 30, 2017, which addresses agency review of existing regulations, including those that may be outmoded or ineffective, the State Department is repealing the regulations on Benefits for Hostages in Iraq, Kuwait, or Lebanon. The current regulations, which relate to hostage benefits for U.S. nationals in Iraq, Kuwait, or Lebanon were established in 1990, and are outdated as the program funding has been eliminated.

Federal Register, Volume 83 Issue 71 (Thursday, April 12, 2018)

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15740-15741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07074]


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DEPARTMENT OF STATE

22 CFR Part 193

[Public Notice: 10381]
RIN 1400-AD31


Repeal of Benefits for Hostages in Iraq, Kuwait, or Lebanon

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: In accordance with Executive Order 13771 of January 30, 2017, 
which addresses agency review of existing regulations, including those 
that may be outmoded or ineffective, the State Department is repealing 
the regulations on Benefits for Hostages in Iraq, Kuwait, or Lebanon. 
The current regulations, which relate to hostage benefits for U.S. 
nationals in Iraq, Kuwait, or Lebanon were established in 1990, and are 
outdated as the program funding has been eliminated.

DATES: This rule is effective on April 12, 2018.

FOR FURTHER INFORMATION CONTACT: Colleen Flood, Office of Legal 
Affairs, Overseas Citizen Services, U.S. Department of State, 2201 C. 
Street NW, SA-17A, Washington, DC 20520, (202) 485-6070, 
[email protected].

SUPPLEMENTARY INFORMATION: This rule removes 22 CFR part 193 of the 
Code of Federal Regulations, which relates to limited monetary payments 
and federal life and health insurance benefits as a humanitarian 
gesture to certain U.S. nationals held hostage in Kuwait, Iraq, or 
Lebanon, and to the family members thereof, subject to specified 
funding and other limitations. The authorization to obligate funds 
under Section 599C of

[[Page 15741]]

Public Law 101-513 expired on May 5, 1991.
    The 1992-1993 Foreign Relations Authorization Act amended the 
Hostage Relief Act of 1990 to extend both the period of time during 
which the benefits were available and the eligibility criteria. In 
addition, section 302 contained two additional changes with respect to 
hostages captured in Lebanon. Section 302(a)(3) provided that health 
and life insurance benefits were available under certain circumstances 
for the period of the individual's hostage status, plus a 60-month 
period following the termination of hostage status. Previously, these 
benefits expired 12 months after the termination of hostage status, 
which remained the law with respect to hostages held in Iraq and 
Kuwait.
    Title 22 CFR part 193 implemented these statutes, and described the 
classes of persons who could apply for benefits under the Act and the 
procedures according to which such applications will be processed by 
the Department of State.
    The funds allocated for the benefits have been depleted; in 
addition, given the way the beneficiaries are defined, no one is able 
to qualify for these benefits any longer. Therefore, the Department of 
State is repealing part 193.

Regulatory Analysis and Notices

Administrative Procedure Act

    This action is being taken as a final rule pursuant to the ``good 
cause'' provision of 5 U.S.C. 553(b). It is the position of the 
Department that notice and comment are not necessary in light of the 
fact that part 193 is obsolete. There is no authority for these rules.

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), because the issues addressed are not of an economic nature. In 
addition, the repeal of this regulation does not have federalism 
implications under E.O. 13132.

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 its costs. The Department does not consider this 
rule to be an economically significant action within the scope of 
section 3(f)(1) of the Executive Order since it is not likely to have 
an annual effect on the economy of $100 million or more or to adversely 
affect in a material way the economy, a sector of the economy, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities. This rule is not an E.O. 
13771 regulatory action because this rule is not significant under E.O. 
12866.

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 
No. 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 Indian 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 information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

PART 193--[REMOVED]

0
Accordingly, under the authority of 22 U.S.C. 2651a(a)(4) and Executive 
Orders 13563, 13771 and 13777, 22 CFR part 193 is removed.;

Carl C. Risch,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2018-07074 Filed 4-11-18; 8:45 am]
 BILLING CODE 4710-06-P

15740 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

definition, the party that has a ISF Importer, but it usually files the data party causing goods to arrive within the
commercial interest in the cargo and the directly with CBP for confidentiality limits of a port in the United States by
best access to ISF information will fall reasons. In this rule, CBP is expanding vessel. For shipments other than foreign
within the definition of ISF Importer. the definition of ISF Importer so that the cargo remaining on board (FROB), the
This will improve the accuracy of the party that most likely has access to the ISF Importer will be the goods’ owner,
information CBP uses for targeting. In ISF information will submit it directly purchaser, consignee, or agent such as a
addition, this rule significantly reduces to CBP as the ISF Importer. Since this licensed customs broker. For immediate
confidentiality concerns that may be third party is already providing the ISF exportation (IE) and transportation and
caused by the current requirements. information through the current ISF exportation (T&E) in-bond shipments,
Finally, eliminating a step in the Importer or directly to CBP, this rule and goods to be delivered to a Foreign
transmission process (sending the ISF will not add a significant burden to Trade Zone (FTZ), the ISF Importer may
information from the third party to the these entities. also be the party filing the IE, T&E, or
current ISF Importer) will result in CBP For these reasons, CBP certifies that FTZ documentation. For FROB cargo,
getting the information sooner. Any this rule will not have a significant the ISF Importer will be the carrier or
extra time can be used for more economic impact on a substantial the non-vessel operating common
extensive targeting. number of small entities. carrier.
B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act of * * * * *
This section examines the impact of 1995 Elaine C. Duke,
the rulemaking on small entities as The Unfunded Mandates Reform Act Deputy Secretary.
required by the Regulatory Flexibility of 1995, 2 U.S.C. 1531–1538, requires [FR Doc. 2018–07624 Filed 4–11–18; 8:45 am]
Act (5 U.S.C. 603), as amended by the Federal agencies to assess the effects of BILLING CODE 9111–14–P
Small Business Regulatory Enforcement their discretionary regulatory actions. In
and Fairness Act of 1996. A small entity particular, the Act addresses actions
may be a small business (defined as any that may result in the expenditure by a DEPARTMENT OF STATE
independently owned and operated State, local, or Tribal government, in the
business not dominant in its field that aggregate, or by the private sector of 22 CFR Part 193
qualifies as a small business per the $100,000,000 (adjusted for inflation) or
Small Business Act); a small not-for- [Public Notice: 10381]
more in any one year. This final rule
profit organization; or a small will not result in such an expenditure. RIN 1400–AD31
governmental jurisdiction (locality with
fewer than 50,000 people). D. Paperwork Reduction Act Repeal of Benefits for Hostages in Iraq,
In the Interim Final Rule establishing In accordance with the Paperwork Kuwait, or Lebanon
the ISF requirements (73 FR 71730; Reduction Act of 1995 (44 U.S.C. 3507),
November 25, 2008, CBP Decision 08– AGENCY: Department of State.
an agency may not conduct, and a
46; Docket Number USCBP–2007–0077), ACTION: Final rule.
person is not required to respond to, a
CBP concluded that many importers of collection of information unless the SUMMARY: In accordance with Executive
containerized cargo are small entities. collection of information displays a Order 13771 of January 30, 2017, which
The rule could affect any importer of valid control number assigned by OMB. addresses agency review of existing
containerized cargo so it could have an The collections of information related to regulations, including those that may be
impact on a substantial number of small this final rule are approved by OMB outmoded or ineffective, the State
entities. under collection 1651–0001.
This impact, however, is very small. Department is repealing the regulations
The modification of the definition of ISF List of Subjects in 19 CFR Part 149 on Benefits for Hostages in Iraq, Kuwait,
Importer simply shifts the legal or Lebanon. The current regulations,
Customs duties and inspection, which relate to hostage benefits for U.S.
responsibility in some cases for filing Foreign trade, Foreign trade zones,
the ISF from one party to another for a nationals in Iraq, Kuwait, or Lebanon
Freight, Imports, Reporting and were established in 1990, and are
subset of the total cargo (FROB; IE and recordkeeping requirements, Vessels.
T&E; and FTZ cargo). For IE, T&E, and outdated as the program funding has
FTZ cargo, the party that is currently Amendment to the Regulations been eliminated.
required to file the data may not yet DATES: This rule is effective on April 12,
For the reasons stated in the
even be involved in the transaction at 2018.
preamble, DHS amends part 149 of title
the time the data must be submitted. In FOR FURTHER INFORMATION CONTACT:
19 of the Code of Federal Regulations
these cases another party such as the (19 CFR part 149) as set forth below: Colleen Flood, Office of Legal Affairs,
owner, purchaser, consignee, or agent Overseas Citizen Services, U.S.
often files the data, though that party is PART 149—IMPORTER SECURITY Department of State, 2201 C. Street NW,
not legally obligated to file it. Under this FILING SA–17A, Washington, DC 20520, (202)
rule, these parties will be included in 485–6070, FloodCB@state.gov.
the definition of the party responsible ■ 1. The authority citation for part 149 SUPPLEMENTARY INFORMATION: This rule
for filing the data. Since these parties continues to read as follows: removes 22 CFR part 193 of the Code of
are currently submitting this data to Authority: 5 U.S.C. 301; 6 U.S.C. 943; 19 Federal Regulations, which relates to
CBP, this change will have no U.S.C. 66, 1624, 2071 note. limited monetary payments and federal
sradovich on DSK3GMQ082PROD with RULES

significant impact. For FROB, the ISF ■ 2. In § 149.1, paragraph (a) is revised life and health insurance benefits as a
Importer must currently either obtain to read as follows: humanitarian gesture to certain U.S.
the information from a third party that nationals held hostage in Kuwait, Iraq,
has the necessary information or ask § 149.1 Definitions. or Lebanon, and to the family members
that the third party file the information (a) Importer Security Filing Importer. thereof, subject to specified funding and
directly to CBP. In some cases, the third For purposes of this part, Importer other limitations. The authorization to
party shares this information with the Security Filing (ISF) Importer means the obligate funds under Section 599C of

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Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15741

Public Law 101–513 expired on May 5, any rule that may result in an annual provisions of the Paperwork Reduction
1991. expenditure of $100 million or more by Act, 44 U.S.C. Chapter 35.
The 1992–1993 Foreign Relations State, local, or tribal governments, or by
Authorization Act amended the Hostage the private sector. This rule will not PART 193—[REMOVED]
Relief Act of 1990 to extend both the result in any such expenditure, nor will
period of time during which the benefits it significantly or uniquely affect small ■ Accordingly, under the authority of 22
were available and the eligibility governments. U.S.C. 2651a(a)(4) and Executive Orders
criteria. In addition, section 302 13563, 13771 and 13777, 22 CFR part
Executive Orders 12866 and 13563 193 is removed.
contained two additional changes with
respect to hostages captured in Lebanon. The Department of State has reviewed Carl C. Risch,
Section 302(a)(3) provided that health this rule to ensure its consistency with Assistant Secretary, Bureau of Consular
and life insurance benefits were the regulatory philosophy and Affairs, Department of State.
available under certain circumstances principles set forth in Executive Order [FR Doc. 2018–07074 Filed 4–11–18; 8:45 am]
for the period of the individual’s 12866 and has determined that the BILLING CODE 4710–06–P
hostage status, plus a 60-month period benefits of this regulation justify its
following the termination of hostage costs. The Department does not consider
status. Previously, these benefits this rule to be an economically
expired 12 months after the termination significant action within the scope of DEPARTMENT OF HOMELAND
of hostage status, which remained the section 3(f)(1) of the Executive Order SECURITY
law with respect to hostages held in Iraq since it is not likely to have an annual Coast Guard
and Kuwait. effect on the economy of $100 million
Title 22 CFR part 193 implemented or more or to adversely affect in a 33 CFR Part 100
these statutes, and described the classes material way the economy, a sector of
of persons who could apply for benefits the economy, competition, jobs, the [Docket No. USCG–2018–0268]
under the Act and the procedures environment, public health or safety, or
according to which such applications State, local or tribal governments or Special Local Regulations; Marine
will be processed by the Department of communities. This rule is not an E.O. Events Within the Captain of the Port
State. 13771 regulatory action because this Zone Columbia River
The funds allocated for the benefits rule is not significant under E.O. 12866.
have been depleted; in addition, given AGENCY: Coast Guard, DHS.
the way the beneficiaries are defined, no Federalism ACTION: Notice of enforcement of
one is able to qualify for these benefits This regulation will not have regulation.
any longer. Therefore, the Department of substantial direct effects on the States, SUMMARY: The Coast Guard will enforce
State is repealing part 193. on the relationship between the national special local regulations at various
Regulatory Analysis and Notices government and the States, or the locations in the Sector Columbia River
distribution of power and Captain of the Port zone. This action is
Administrative Procedure Act responsibilities among the various necessary to provide for the safety of life
This action is being taken as a final levels of government. Nor will the rule on these navigable waters during marine
rule pursuant to the ‘‘good cause’’ have federalism implications warranting events. These regulations prohibit
provision of 5 U.S.C. 553(b). It is the the application of Executive Orders persons and vessels from being in the
position of the Department that notice 12372 and No. 13132. regulated area unless authorized by the
and comment are not necessary in light Civil Justice Reform Captain of the Port Sector Columbia
of the fact that part 193 is obsolete. River or a designated representative.
There is no authority for these rules. The Department has reviewed the
DATES: The regulations in 33 CFR
regulations in light of sections 3(a) and
Regulatory Flexibility Act 3(b)(2) of Executive Order 12988 to 100.1302 will be enforced for the
eliminate ambiguity, minimize regulated areas identified in the
It is hereby certified that the repeal of
SUPPLEMENTARY INFORMATION section
these regulations will not have a litigation, establish clear legal
standards, and reduce burden. below for the dates and times specified
significant economic impact on a
in this document.
substantial number of small entities Consultations With Tribal Governments
under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: If
Flexibility Act, 5 U.S.C. 605(b), because The Department has determined that you have questions about this notice of
the issues addressed are not of an this rulemaking will not have Tribal enforcement, call or email LCDR Laura
economic nature. In addition, the repeal implications, will not impose Springer, Waterways Management
of this regulation does not have substantial direct compliance costs on Division, Marine Safety Unit Portland,
federalism implications under E.O. Indian Tribal governments, and will not Coast Guard; telephone 503–240–9319,
13132. pre-empt Tribal law. Accordingly, the email msupdxwwm@uscg.mil.
requirements of Executive Order 13175 SUPPLEMENTARY INFORMATION: The Coast
Unfunded Mandates Reform Act do not apply to this rulemaking. Guard will enforce special local
Section 202 of the Unfunded regulations in 33 CFR 100.1302 for the
Paperwork Reduction Act
Mandates Reform Act of 1995, 2 U.S.C. following events only during the hours
sradovich on DSK3GMQ082PROD with RULES

1532, generally requires agencies to This rule does not impose information specified on the dates listed in the
prepare a statement before proposing collection requirements under the following Table:

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Document Created: 2018-11-02 08:14:27
Document Modified: 2018-11-02 08:14:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on April 12, 2018.
Contact		Colleen Flood, Office of Legal Affairs, Overseas Citizen Services, U.S. Department of State, 2201 C. Street NW, SA-17A, Washington, DC 20520, (202) 485-6070, [email protected]
FR Citation		83 FR 15740
RIN Number		1400-AD31