Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 30589-30591 [E6-8288]
Download as PDF
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations
require Commission approval pursuant
to section 203 in order to acquire an
interest in a QF or an EWG.26 Finally,
it notes that the Commission in Order
No. 669 stated that this would hold true
even if the holding company were a
holding company solely by reason of its
ownership interest in QFs, EWGs and
foreign utility companies (FUCOs).
26. The Non-Utility QF Group states
that, while it understands why the
Commission would want some review
of acquisitions of large QFs by holding
companies having real generation or
transmission market power, it disagrees
with the Commission’s suggestion in
Order No. 669 that holding companies
otherwise exempted by Congress from
PUHCA 2005, i.e., owners only of QFs,
EWGs and FUCOs, should be subject to
section 203 requirements. It argues that
this assertion represents a potential
dramatic increase in regulatory
oversight over independent companies
that own precisely the types of smaller,
non-traditional generating plants that
Congress has long sought to encourage.
It argues that it is ‘‘silly’’ to require
every 500 KW landfill gas or
hydroelectric plant to be subject to
section 203 just because it is being
acquired by the owner of another small
QF.
27. The Non-Utility QF Group argues
that a better balance is provided by
Order No. 671. It argues that, by
exempting QFs from PUHCA 2005’s
definition of ‘‘electric utility company,’’
a QF would not be an ‘‘electric utility
company’’ under PUHCA 2005, and
therefore its upstream 10 percent
owners would not be ‘‘holding
companies’’ under PUHCA 2005—and
therefore would not be ‘‘holding
companies’’ for purposes of section
203(a)(2) of the FPA.27
Commission Determination
28. The Non-Utility QF Group is
correct that there was an inconsistency
in the treatment of QFs with regards to
their status under PUHCA 2005.
However, the Commission has corrected
this inconsistency in its order on
rehearing of Order No. 667,28 the final
rule which amended the Commission’s
regulations to implement the repeal of
PUHCA 1935 and the enactment of
PUHCA 2005. In that order on
rehearing, the Commission clarified that
26 Id.
(citing Order No. 669 at P 59–60 and 70).
at 6 (citing Order No. 671 at P 92–94).
28 Repeal of the Public Utility Holding Company
Act of 1935 and Enactment of the Public Utility
Holding Company Act of 2005, Order No. 667, 70
FR 75,592 (December 20, 2005), FERC Stats. & Regs.
¶ 31,197 (2005), order on reh’g, Order No. 667–A,
71 FR 28,446 (May 16, 2006), FERC Stats. & Regs.
¶ 31,213 (2006).
rmajette on PROD1PC67 with RULES1
27 Id.
VerDate Aug<31>2005
14:16 May 26, 2006
Jkt 208001
QFs will not be excluded from the
definition of ‘‘electric utility company’’
but added that the Commission intends
nevertheless to exempt QFs from
PUHCA 2005 and most FPA
requirements pursuant to the
Commission’s PURPA authority to grant
such exemptions.29 Accordingly, we
will on rehearing here revise 18 CFR
292.602 to remove the statement that a
QF is not an ‘‘electric utility company’’
within the meaning of PUHCA 2005,
and to provide an exemption from
PUHCA 2005. As to FPA section 203,
the definition of ‘‘electric utility
company’’ in that context was addressed
in Order No. 669–A.30
The Commission orders:
Rehearing is hereby denied and
clarification is hereby granted in part, as
discussed in the body of this order.
List of Subjects in 18 CFR Part 292
Electric Power Plants, Electric
utilities, Natural gas, Reporting and
recordkeeping requirements.
By the Commission.
Magalie R. Salas,
Secretary.
In consideration of the foregoing,
under the authority of EPAct 2005, the
Commission is amending part 292 in
Chapter I of Title 18 of the Code of
Federal Regulations, as set forth below:
I
PART 292—[AMENDED]
1. The authority citation for part 292
continues to read as follows:
I
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. In § 292.602, paragraph (b) is
revised to read as follows.
I
§ 292.602 Exemption of qualifying facilities
from the Public Utility Holding Company
Act of 2005 and certain State law and
regulation.
*
*
*
*
*
(b) Exemption from the Public Utility
Holding Company Act of 2005. A
qualifying facility described in
paragraph (a) of this section or a utility
geothermal small power production
facility shall be exempt from the Public
Utility Holding Company Act of 2005,
42 U.S.C. 16,451–63.
*
*
*
*
*
[FR Doc. E6–8204 Filed 5–26–06; 8:45 am]
BILLING CODE 6717–01–P
29 See
Order No. 667 at P 14 n. 31.
No. 669–A at P 41–54.
30 Order
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
30589
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 5422]
RIN 1400–AC06
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act, as Amended
State Department.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule amends the
Department of State’s regulations to
require the presentation of Mexican
Federal passports as a necessary
condition for Mexican citizens applying
for combined Border Crossing Cards
(BCC) and B–1/B–2 visas (laser visas). It
also removes the conditions under
which certain beneficiaries of
Immigration and Nationality Act
212(d)(3)(A) waivers of ineligibility
could receive laser visas.
DATES: Effective Date: This rule is
effective on May 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Charles E. Robertson, Legislation and
Regulations Division, Visa Services,
Department of State, Washington, DC
20520–0106. Phone: 202–663–3969. Email: robertsonce3@state.gov.
SUPPLEMENTARY INFORMATION:
What Is a Laser Visa?
The biometric border-crossing card
(BCC/B–1/B–2 NIV) is a laminated,
credit card-style document with many
security features. It has a ten-year
validity period. The card is commonly
called a ‘‘laser visa.’’ Most Mexican
visitors to the U.S., whether traveling to
the border region or beyond, receive a
laser visa.
Who Has Authority Over the Issuance
of Laser Visas?
The Department of State and the
Bureau of Citizenship and Immigration
Services (BCIS) in the Department of
Homeland Security jointly administer
the laser visa program. The Department
of State issues the BCC/B–1⁄2 as it
possesses exclusive authority over visa
issuance.
How Was This Authority Derived?
In 1996, Congress established new
procedures for issuing a more secure
border-crossing document (Section 104
of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
(IIRIRA) Pub. L. 104–208, 110 Stat.
3546). The law required every border
crossing identification card issued after
April 1, 1998 to contain a biometric
identifier such as a fingerprint, and be
E:\FR\FM\30MYR1.SGM
30MYR1
30590
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations
machine-readable. The law also
mandated that all pre-April 1, 1998
BCCs expire effective October 1, 1999.
In recognition of the magnitude of the
task of replacing over five million
existing cards, Congress subsequently
extended the deadline to September 30,
2001.
How Was the Transitional Program
Handled?
To deal with the transition to the new
border-crossing document, BCIS
handled the actual card production and
our consular posts in Mexico
coordinated the application process. As
part of the transitional program, we
opened a new consulate in Nogales and
expanded our consulate in Nuevo
Laredo. We also established U.S.
government-owned contractor-operated
Temporary Processing Facilities (TPFs)
along the border. This transitional
period is now over.
From April 1, 1998 through August
21, 2001, the American Embassy in
Mexico City and our American
Consulates adjudicated over 4.8 million
applications, approving slightly more
than 4.0 million. Somewhat less than
half were for replacement cards; the rest
were for first time applicants.
What Is the Basic Requirement for
Obtaining a Laser Visa?
Applicants must demonstrate that
they qualify for a visitor visa for
business or pleasure under INA
101(a)(15)(B). Under INA 214(b),
applicants for certain nonimmigrant
visitor visas (including classification B–
1 and/or B–2) are presumed by law to
be applicants for immigrant visas until
they satisfy the consular officer that
they are qualified for the nonimmigrant
visa sought. In order to be approved for
a visitor visa, applicants must satisfy the
interviewing officer that they are
visiting the United States temporarily
for business or pleasure for appropriate
purposes and activities and that they
have a residence in a foreign country
that they have no intention of
abandoning. For the latter, applicants
must demonstrate strong social,
economic and/or familial ties to a place
outside the United States that will
ensure their return.
rmajette on PROD1PC67 with RULES1
Prior to This Final Rule What Identity
Documents Were Required for Initially
Obtaining a Laser Visa?
Section 41.32(a)(iii) has allowed
Mexican nationals to present any of the
following three identity documents as
part of the BCC application process:
(1) A valid Mexican Federal passport,
or;
VerDate Aug<31>2005
14:16 May 26, 2006
Jkt 208001
(2) A Certificate of Mexican
Nationality (as long as the Certificate of
Mexican Nationality was supported by
another form of identification which
included a photograph), or;
(3) A valid or expired United States
visa, BCC, or B1/B2 visa which had
been neither been voided by operation
of law nor revoked by a consular or
immigration officer.
Prior to This Final Rule What Identity
Documents Were Required for
Obtaining a Replacement Laser Visa?
Applicants with old-style BCCs did
not need a passport in order to get a
laser visa. In the absence of a Mexican
Federal passport they were permitted to
present their old BCC card and a
recently produced photo identity card.
For example, a Mexican voter
registration card was often used as the
identity document.
Prior to This Final Rule Were
Beneficiaries of a 212(d)(3)(A) Waiver
Eligible To Receive a Laser Visa?
Prior to this Final Rule applicants
who were the beneficiaries of a waiver
under INA 212(d)(3)(A), were eligible to
receive laser visas. In such
circumstances, the waiver was normally
valid for multiple applications for
admission into the United States and for
a period of at least ten years and
contained no restrictions as to
extensions of temporary stay or
itinerary.
How Does the New Rule Affect the
Laser Visa Application Process?
Mexican Citizens now must present a
Mexican Federal passport as part of
their laser visa application and must be
eligible for a B–1 or B–2 temporary
visitor visa in order to obtain a laser
visa.
What Is the Reasoning Behind this
Change?
As mentioned above, from April 1,
1998 through August 21, 2001, the
American Embassy in Mexico City and
our American Consulates adjudicated
over 4.8 million applications, approving
slightly more than 4.0 million.
Somewhat less than half were for
replacement cards; the rest were for first
time applicants. Because of the massive
nature of the program, the fact that
historically many applicants for BCCs
had presented old BCCs or other
Mexican nationality documents that do
not fit the definition of a passport, and
the perception at the time of a relatively
low security risk among Mexican BCC
applicants, the standard passport
requirement for a visa was eliminated
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
for BCC/B–1/2 processing. See 63 FR
16892.
The BCC replacement program
required by IIRIRA is now complete.
Additionally, in view of the continued
national security concerns relating to
foreign document identity, we believe
the presentation of a Mexican Federal
passport to be in the United States’
national interest and, therefore, an
appropriate and prudent BCC
application requirement which can now
be implemented with minimal
inconvenience to the applicants. At the
same time, there is currently no
practical way to properly annotate the
laser visa to indicate the conditions of
an INA 212(d)(3)(A) waiver. Such
applicants can receive a properly
annotated B–1/B–2 MRV (visa) in their
passport.
Regulatory Findings
Administrative Procedure Act
The Department’s implementation of
this regulation involves a foreign affairs
function of the United States and,
therefore, in accordance with 5 U.S.C.
553(a)(1), is not subject to the rule
making procedures set forth at 5 U.S.C.
553.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
This rule is not subject to the noticeand-comment rulemaking provisions of
the Administrative Procedure Act or any
other act, and, accordingly it does not
require analysis under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.)
and Executive Order 13272, section 3(b).
The Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996, Public Law No. 104–121. This
rule will not result in an annual effect
on the economy of $100 million or
more; a major increase in costs or prices;
or adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based companies to compete with
foreign based companies in domestic
and import markets.
The Unfunded Mandates Reform Act of
1995
This rule is not subject to the noticeand-comment rulemaking provisions of
the Administrative Procedure Act or any
other act, and, accordingly it does not
require analysis under the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4). Moreover, this rule is not
E:\FR\FM\30MYR1.SGM
30MYR1
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations
expected to result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private sector. Nor will it
significantly or uniquely affect small
governments.
Executive Orders 12372 and 13132:
Federalism
The Department finds that 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 does the rule
have federalism implications warranting
the application of Executive Orders No.
12372 and No. 13132.
Executive Order 12866: Regulatory
Review
The Department does not consider
this rule to be a ‘‘significant regulatory
action’’ under Executive Order 12866,
section 3(f), Regulatory Planning and
Review. In addition, the Department is
exempt from Executive Order 12866
except to the extent that it is
promulgating regulations in conjunction
with a domestic agency that are
significant regulatory actions. The
Department has nevertheless reviewed
the regulation to ensure its consistency
with the regulatory philosophy and
principles set forth in this Executive
Order.
Executive Order 12988: 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 burden.
The Paperwork Reduction Act of 1995
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 41
Aliens, Foreign officials, Immigration,
Nonimmigrants, Passports and visas,
Students.
For the reasons stated in the preamble,
the Department of State amends 22 CFR
part 41 as follows:
I
rmajette on PROD1PC67 with RULES1
PART 41—[AMENDED]
1. The authority citation for part 41
shall continue to read as follows:
I
Authority: 8 U.S.C. 1104; Pub. L. No. 105–
277, 112 Stat. 2681–795 through 2681–801.
Additional authority is derived from Section
VerDate Aug<31>2005
14:16 May 26, 2006
Jkt 208001
104 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
(IIRIRA) Pub. L. 104–208, 110 Stat. 3546.
2. In § 41.32, revise paragraphs
(a)(1)(iii) and (a)(2)(iii) to read as
follows:
I
§ 41.32 Nonresident alien Mexican border
crossing identification cards; combined
border crossing identification cards and B–
1/B–2 visitor visas.
(a) * * *
(1) * * *
(iii) Is otherwise eligible for a B–1 or
a B–2 temporary visitor visa.
(2) * * *
(iii) A valid Mexican Federal
passport.
*
*
*
*
*
Dated: May 17, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. E6–8288 Filed 5–26–06; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9264]
RIN 1545–BF26
Guidance Necessary to Facilitate
Business Electronic Filing and Burden
Reduction
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations.
AGENCY:
SUMMARY: These regulations affect
taxpayers that file Federal income tax
returns. They simplify, clarify, or
eliminate reporting burdens and also
eliminate regulatory impediments to the
electronic filing of certain statements
that taxpayers are required to include on
or with their Federal income tax returns.
The text of the temporary regulations
also serves as the text of the proposed
regulations set forth in the notice of
proposed rulemaking on this subject in
the Proposed Rules section in this issue
of the Federal Register.
DATES: Effective Date: These regulations
are effective on May 30, 2006.
Applicability Date: For dates of
applicability, see §§ 1.302–2T(d), 1.302–
4T(h), 1.331–1T(f), 1.332–6T(e), 1.338–
10T(c), 1.351–3T(f), 1.355–5T(e), 1.368–
3T(e), 1.381(b)-1T(e), 1.382–8T(j)(4),
1.382–11T(b), 1.1081–11T(f), 1.1221–
2T(j), 1.1502–13T(m), 1.1502–31T(j),
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
30591
1.1502–32T(j), 1.1502–33T(k), 1.1502–
35T(k), 1.1502–76T(d), 1.1502–95T(g),
1.1563–1T(e), 1.1563–3T(e) and 1.6012–
2T(k). The applicability of these
regulations will expire on May 26, 2009.
FOR FURTHER INFORMATION CONTACT: Grid
Glyer, (202) 622–7930 (not a toll-free
number).
SUPPLEMENTARY INFORMATON:
Paperwork Reduction Act
These temporary regulations are being
issued without prior notice and public
procedure pursuant to the
Administrative Procedure Act (5 U.S.C.
553). For this reason, the collection of
information contained in these
regulations has been reviewed and,
pending receipt and evaluation of
public comments, approved by the
Office of Management and Budget under
control number 1545–2019. Responses
to this collection of information are
mandatory.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
For further information concerning
this collection of information, and
where to submit comments on the
collection of information and the
accuracy of the estimated burden, and
suggestions for reducing this burden,
please refer to the preamble to the crossreferencing notice of proposed
rulemaking published in the Proposed
Rules section of this issue of the Federal
Register.
Books and records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background
This Treasury Decision amends
Treasury regulations under sections 279,
302, 331, 332, 338, 351, 355, 368, 381,
382, 1081, 1221, 1502, 1563, and 6012
of the Internal Revenue Code (Code) that
require taxpayers to include a statement
on or with their Federal income tax
returns. In some cases, these statements
are the method by which taxpayers elect
(or elect out of) a particular income tax
treatment. In other cases, these
statements are the method by which
taxpayers report that they undertook a
particular type of transaction. In both
cases, these regulations often require
taxpayers to include detailed amounts
of information in these statements, or do
E:\FR\FM\30MYR1.SGM
30MYR1
Agencies
[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Rules and Regulations]
[Pages 30589-30591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8288]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 5422]
RIN 1400-AC06
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Department of State's regulations to
require the presentation of Mexican Federal passports as a necessary
condition for Mexican citizens applying for combined Border Crossing
Cards (BCC) and B-1/B-2 visas (laser visas). It also removes the
conditions under which certain beneficiaries of Immigration and
Nationality Act 212(d)(3)(A) waivers of ineligibility could receive
laser visas.
DATES: Effective Date: This rule is effective on May 30, 2006.
FOR FURTHER INFORMATION CONTACT: Charles E. Robertson, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106. Phone: 202-663-3969. E-mail: robertsonce3@state.gov.
SUPPLEMENTARY INFORMATION:
What Is a Laser Visa?
The biometric border-crossing card (BCC/B-1/B-2 NIV) is a
laminated, credit card-style document with many security features. It
has a ten-year validity period. The card is commonly called a ``laser
visa.'' Most Mexican visitors to the U.S., whether traveling to the
border region or beyond, receive a laser visa.
Who Has Authority Over the Issuance of Laser Visas?
The Department of State and the Bureau of Citizenship and
Immigration Services (BCIS) in the Department of Homeland Security
jointly administer the laser visa program. The Department of State
issues the BCC/B-\1/2\ as it possesses exclusive authority over visa
issuance.
How Was This Authority Derived?
In 1996, Congress established new procedures for issuing a more
secure border-crossing document (Section 104 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA) Pub. L. 104-
208, 110 Stat. 3546). The law required every border crossing
identification card issued after April 1, 1998 to contain a biometric
identifier such as a fingerprint, and be
[[Page 30590]]
machine-readable. The law also mandated that all pre-April 1, 1998 BCCs
expire effective October 1, 1999. In recognition of the magnitude of
the task of replacing over five million existing cards, Congress
subsequently extended the deadline to September 30, 2001.
How Was the Transitional Program Handled?
To deal with the transition to the new border-crossing document,
BCIS handled the actual card production and our consular posts in
Mexico coordinated the application process. As part of the transitional
program, we opened a new consulate in Nogales and expanded our
consulate in Nuevo Laredo. We also established U.S. government-owned
contractor-operated Temporary Processing Facilities (TPFs) along the
border. This transitional period is now over.
From April 1, 1998 through August 21, 2001, the American Embassy in
Mexico City and our American Consulates adjudicated over 4.8 million
applications, approving slightly more than 4.0 million. Somewhat less
than half were for replacement cards; the rest were for first time
applicants.
What Is the Basic Requirement for Obtaining a Laser Visa?
Applicants must demonstrate that they qualify for a visitor visa
for business or pleasure under INA 101(a)(15)(B). Under INA 214(b),
applicants for certain nonimmigrant visitor visas (including
classification B-1 and/or B-2) are presumed by law to be applicants for
immigrant visas until they satisfy the consular officer that they are
qualified for the nonimmigrant visa sought. In order to be approved for
a visitor visa, applicants must satisfy the interviewing officer that
they are visiting the United States temporarily for business or
pleasure for appropriate purposes and activities and that they have a
residence in a foreign country that they have no intention of
abandoning. For the latter, applicants must demonstrate strong social,
economic and/or familial ties to a place outside the United States that
will ensure their return.
Prior to This Final Rule What Identity Documents Were Required for
Initially Obtaining a Laser Visa?
Section 41.32(a)(iii) has allowed Mexican nationals to present any
of the following three identity documents as part of the BCC
application process:
(1) A valid Mexican Federal passport, or;
(2) A Certificate of Mexican Nationality (as long as the
Certificate of Mexican Nationality was supported by another form of
identification which included a photograph), or;
(3) A valid or expired United States visa, BCC, or B1/B2 visa which
had been neither been voided by operation of law nor revoked by a
consular or immigration officer.
Prior to This Final Rule What Identity Documents Were Required for
Obtaining a Replacement Laser Visa?
Applicants with old-style BCCs did not need a passport in order to
get a laser visa. In the absence of a Mexican Federal passport they
were permitted to present their old BCC card and a recently produced
photo identity card. For example, a Mexican voter registration card was
often used as the identity document.
Prior to This Final Rule Were Beneficiaries of a 212(d)(3)(A) Waiver
Eligible To Receive a Laser Visa?
Prior to this Final Rule applicants who were the beneficiaries of a
waiver under INA 212(d)(3)(A), were eligible to receive laser visas. In
such circumstances, the waiver was normally valid for multiple
applications for admission into the United States and for a period of
at least ten years and contained no restrictions as to extensions of
temporary stay or itinerary.
How Does the New Rule Affect the Laser Visa Application Process?
Mexican Citizens now must present a Mexican Federal passport as
part of their laser visa application and must be eligible for a B-1 or
B-2 temporary visitor visa in order to obtain a laser visa.
What Is the Reasoning Behind this Change?
As mentioned above, from April 1, 1998 through August 21, 2001, the
American Embassy in Mexico City and our American Consulates adjudicated
over 4.8 million applications, approving slightly more than 4.0
million. Somewhat less than half were for replacement cards; the rest
were for first time applicants. Because of the massive nature of the
program, the fact that historically many applicants for BCCs had
presented old BCCs or other Mexican nationality documents that do not
fit the definition of a passport, and the perception at the time of a
relatively low security risk among Mexican BCC applicants, the standard
passport requirement for a visa was eliminated for BCC/B-1/2
processing. See 63 FR 16892.
The BCC replacement program required by IIRIRA is now complete.
Additionally, in view of the continued national security concerns
relating to foreign document identity, we believe the presentation of a
Mexican Federal passport to be in the United States' national interest
and, therefore, an appropriate and prudent BCC application requirement
which can now be implemented with minimal inconvenience to the
applicants. At the same time, there is currently no practical way to
properly annotate the laser visa to indicate the conditions of an INA
212(d)(3)(A) waiver. Such applicants can receive a properly annotated
B-1/B-2 MRV (visa) in their passport.
Regulatory Findings
Administrative Procedure Act
The Department's implementation of this regulation involves a
foreign affairs function of the United States and, therefore, in
accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making
procedures set forth at 5 U.S.C. 553.
Regulatory Flexibility Act/Executive Order 13272: Small Business
This rule is not subject to the notice-and-comment rulemaking
provisions of the Administrative Procedure Act or any other act, and,
accordingly it does not require analysis under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.) and Executive Order 13272,
section 3(b).
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996, Public Law No.
104-121. This rule will not result in an annual effect on the economy
of $100 million or more; a major increase in costs or prices; or
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign based companies in domestic and import markets.
The Unfunded Mandates Reform Act of 1995
This rule is not subject to the notice-and-comment rulemaking
provisions of the Administrative Procedure Act or any other act, and,
accordingly it does not require analysis under the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4). Moreover, this rule is not
[[Page 30591]]
expected to result in an annual expenditure of $100 million or more by
State, local, or tribal governments, or by the private sector. Nor will
it significantly or uniquely affect small governments.
Executive Orders 12372 and 13132: Federalism
The Department finds that 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 does the
rule have federalism implications warranting the application of
Executive Orders No. 12372 and No. 13132.
Executive Order 12866: Regulatory Review
The Department does not consider this rule to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. In addition, the Department is exempt
from Executive Order 12866 except to the extent that it is promulgating
regulations in conjunction with a domestic agency that are significant
regulatory actions. The Department has nevertheless reviewed the
regulation to ensure its consistency with the regulatory philosophy and
principles set forth in this Executive Order.
Executive Order 12988: 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
burden.
The Paperwork Reduction Act of 1995
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 41
Aliens, Foreign officials, Immigration, Nonimmigrants, Passports
and visas, Students.
0
For the reasons stated in the preamble, the Department of State amends
22 CFR part 41 as follows:
PART 41--[AMENDED]
0
1. The authority citation for part 41 shall continue to read as
follows:
Authority: 8 U.S.C. 1104; Pub. L. No. 105-277, 112 Stat. 2681-
795 through 2681-801. Additional authority is derived from Section
104 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA) Pub. L. 104-208, 110 Stat. 3546.
0
2. In Sec. 41.32, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to
read as follows:
Sec. 41.32 Nonresident alien Mexican border crossing identification
cards; combined border crossing identification cards and B-1/B-2
visitor visas.
(a) * * *
(1) * * *
(iii) Is otherwise eligible for a B-1 or a B-2 temporary visitor
visa.
(2) * * *
(iii) A valid Mexican Federal passport.
* * * * *
Dated: May 17, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E6-8288 Filed 5-26-06; 8:45 am]
BILLING CODE 4710-05-P