Federal Register, Volume 77 Issue 209 (Monday, October 29, 2012)
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65477-65478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26554]



22 CFR Part 52

[Public Notice 8074]
RIN 1400-AD27

Repeal of Regulations on Marriages

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: In accordance with Executive Order 13563, the Bureau of 
Consular Affairs is repealing the regulations on marriages. The current 
regulations are outdated and duplicative of other authorities that 
detail procedures for authentications and documentation of life events. 
Further, in light of other authorities, it is unnecessary to 
specifically state in the regulations how consular authority is 

DATES: Effective Date: This rule is effective October 29, 2012.

FOR FURTHER INFORMATION CONTACT: Dara Morenoff, Office of Legal 
Affairs, Overseas Citizen Services, U.S. Department of State, 2201 C 
Street NW., SA-29, Washington, DC 20520, (202) 736-4995, 

SUPPLEMENTARY INFORMATION: This rule removes Part 52 of the Code of 
Federal Regulations, which relates to the consular role in marriages. 
The Department is removing Part 52 because it is outdated and 
duplicative of other federal laws and regulations. For example:

--Section 52.1 provides that consular officers may not conduct 
marriages or serve as witnesses to a marriage. The law authorizing 
consular officers to act in this capacity, 22 U.S.C. 4192, was repealed 
in 1990.
--Section 52.2 relates to authentication of marriage documents. This 
section is unnecessary because the laws and regulations that apply to 
authentications in general also apply to marriage documents, and these 
functions are already covered in 22 CFR 92.41.
--Finally, Section 52.3 is unnecessary because there is no longer 
demand for official certificates with respect to marriage laws in 
foreign countries.

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fact that Part 52 is obsolete or duplicative of other authorities.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), 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. The Department 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.


    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 No. 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 No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 

[[Page 65478]]

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.

List of Subjects in 22 CFR Part 52

    Authentication of marriage, Marriage and divorce, Marriage laws.

Accordingly, under the authority of 22 U.S.C. 2651a, and because the 
statutory authority for Part 52 has been repealed, 22 CFR Chapter I, 
Subchapter F is amended by removing Part 52.

    Dated: October 2, 2012.
Janice L. Jacobs,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2012-26554 Filed 10-26-12; 8:45 am]