Visas; immigrant and nonimmigrant documentation: Miscellaneous amendments,

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Federal Register: September 11, 1998 (Volume 63, Number 176)Rules and RegulationsPage 48577-48578From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11se98-9

DEPARTMENT OF STATE

22 CFR Parts 41 and 42

Public Notice 2863Visas: Documentation of Nonimmigrants and Immigrants--Minor Corrections or Additions to Nonimmigrant Visa Regulations and Deletions of Obsolete Immigrant Visa Provisions

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

SUMMARY: This rule combines several minor corrections or updating of current nonimmigrant visa regulations with the deletion of several immigrant visa regulations that are inoperative as a result of the repeal or expiration of the underlying provisions of law. The former include correcting the name of Mongolia, adding two classification symbols, and changing a section title from ``General'' to ``Foreign Officials--General''. The immigrant visa regulatory removals include certain relief provisions for returning residents which were repealed, and several short-term benefits accorded certain relatives by the Immigration Act of 1990 which have expired.

EFFECTIVE DATE: September 11, 1998.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and Regulations Division, Visa Services, (202) 663-1204.

SUPPLEMENTARY INFORMATION: Several current visa regulations contain obsolete or incorrect references or relate to or contain references to a provision of law which has been repealed or has passed its statutory time limit, thus rendering the regulation concerned inoperative. As a housekeeping measure, they are being formally corrected or removed by this rule. They are described herein in the sequence in which they appear in 22 CFR Parts 41 and 42.

First is section 41.3, which covers consular and immigration officer joint waivers of the passport and/or visa requirements. In subsection 41.3(e) reference is made to what is erroneously called ``Mongolian People's Republic'' whereas the name of the country was changed to ``Mongolia'' in 1992. It is corrected herein.

Next is section 41.12, the enumeration of nonimmigrant visa symbols, in which two symbols are corrected (S-5 and S-6 are substituted for S-7 and S-8, respectively) and two new symbols are being added: C-1/D for a combined transit and crewman visa and S-7 for any qualified family member of an S-5 or S-6 principal alien.

The final nonimmigrant section affected is 41.21 which has been titled simply ``General'' as the opening section of what the Department considers ``the 41.20's'', all such sections relating to foreign officials of one kind or another. Inasmuch as there is no 41.20 by that title, however, ``General'' is a non-descriptive and meaningless heading for 41.21. The title is thus being changed herein to ``Foreign Officials--General''.

The first of the immigrant sections is 42.22(c), which described the effect of relief provided by the Attorney General in his or her discretion under section 212(c) of the Immigration and Nationality Act (INA) for certain returning residents. Section 212(c) was repealed by section 304(b) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). As there is no longer a basis for 22 CFR 42.22(c), it is removed and subsection 42.22(d) is redesignated as 42.22(c).

The Immigration Act of 1990 (IMMACT 90) contained several time- limited provisions, one of which (section 112) established up to 55,000 additional visa numbers during each of fiscal years 1992-94 for the spouses and children of aliens whose status was legalized under legislation enacted in 1986. Section 42.51(a)(2) provided for the Department's control of those numbers. It is removed by this rule.

Section 42.51(d) regulated control of special numerical provisions in the Panama Canal Act, which were stricken by section 212(a) of the Immigration and Nationality Technical Corrections Act of 1994. It is hereby removed.

Subsection (a) of section 42.54 as promulgated in 1991 contains prospective language regarding diversity immigrants which is no longer appropriate and is being deleted.

Under the terms of section 631 of the Illegal Immigration Reform and Immigrant Responsibility Act, the period of validity of an immigrant visa was raised from four months to six months. Section 42.72 of 22 CFR, containing the regulations pertaining to immigrant visa validity, was amended shortly thereafter to conform with that amendment. This rule corrects the reference to the visa validity period contained in section 42.64, which relates to passport requirements for immigrants.

Regulatory Analysis and Notices

Final Rule

This rule is being published as a final rule under the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3) and 553(d)(3). As the material being changed is not challengeable and that being removed is no longer germane, no purpose would be served by publication as a proposed rule with a time frame for comment.

The Regulatory Flexibility Act

Pursuant to section 605 of the Regulatory Flexibility Act, the Department has assessed the potential impact of this rule, and the Assistant Secretary for Consular Affairs hereby certifies that it is not expected to have a significant economic impact on a substantial number of small entities.

E.O. 12988 and E.O. 12866

This rule has been reviewed as required under E.O. 12998 and determined 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 therewith. The rule does not directly or indirectly affect states or local governments or Federal relationships and does not create unfunded mandates.

5 U.S.C. Chapter 8

As required by 5 U.S.C., chapter 8, the Department has screened this rule and determined that it is not a major rule, as defined in 5 U.S.C. 80412.

Paperwork Reduction Act

This rule imposes no paperwork requirements.

Lists of Subjects

22 CFR Part 41

Aliens, Foreign officials, Passports and visas, Students.

22 CFR Part 42

Immigration, Passports and visas.

In view of the foregoing, 22 CFR Parts 41 and 42 are amended as follows:

PART 41--[AMENDED]

1. The authority citation for Part 41 is revised to read:

Authority: 8 U.S.C. 1104.

Sec. 41.3 [Amended]

2. Section 41.3 is amended in paragraph (e), by removing ``Mongolian People's Republic'' and adding in its place ``Mongolia''.

3. Section 41.12 is amended in the table by removing the entries for S-7

[Page 48578]and S-8 and adding new entries in alphanumeric order to read as follows:

Sec. 41.12 Classification Symbols.

* * * * *

Nonimmigrants

Symbol

Class

Section of law

*

*

*

*

*

* *

C-1/D

Combined Transit and Crewman Visa.............. 101(a)(15)(C) and (D).

*

*

*

*

*

* *

S-5

Certain Aliens Supplying Critical Information 101(a)(15)(S)(i).

Relating to a Criminal Organization or

Enterprise.

S-6

Certain Aliens Supplying Critical Information 101(a)(15)(S)(ii).

Relating to Terrorism.

S-7

Qualified Family Member of S-5 or S-6.......... 101(a)(15)(S).

*

*

*

*

*

* *

4. Section 41.21 is amended by revising the section heading to read as follows:

Sec. 41.21 Foreign Officials--General.

* * * * *

PART 42--[AMENDED]

5. The authority citation for Part 42 continues to read as follows:

Authority: 8 U.S.C. 1104.

Sec. 42.22 [Amended]

6. Section 42.22 is amended by removing paragraph (c) and redesignating paragraph (d) as paragraph (c).

Sec. 42.51 [Amended]

7. Section 42.51 is amended by removing paragraph (a)(2), by redesignating paragraphs (a)(1) introductory text, (a)(1)(i), and (a)(1)(ii) as paragraphs (a) introductory text, (a)(1), and (a)(2), respectively, and by removing paragraph (d).

Sec. 42.54 [Amended]

8. Section 42.54 is amended by removing the words ``Beginning with fiscal year 1995, in'' from paragraph (a)(2) and adding in their place ``In''.

Sec. 42.64 [Amended]

9. Section 42.64(b) is amended by revising ``4 months'' to read ``6 months''.

Dated: July 23, 1998. Mary A. Ryan, Assistant Secretary for Consular Affairs.

FR Doc. 98-24084Filed9-10-98; 8:45 amBILLING CODE 4710-06-P

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