Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
Immigration LLC.

  • News: DOS Publishes Final Rule On Repeal Of Regulations On Consular Role In Marriages In Federal Register.

    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    regulations are outdated and duplicative of other authorities that 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    The Department is removing Part 52 because it is outdated and 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    consular officers to act in this capacity, 22 U.S.C. 4192, was repealed 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]
    BILLING CODE 4710-06-P
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: