Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 37494-37495 [E6-10270]
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37494
Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Rules and Regulations
thence westward by a line 12 miles from and
parallel to the shoreline to the point of
beginning.
*
*
*
*
*
Issued in Washington, DC, on June 23,
2006.
Edith V. Parish,
Manager, Airspace and Rules.
[FR Doc. E6–10282 Filed 6–29–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 5459]
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act, as Amended
State Department.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule expands guidance to
consular offices for the review of
nonimmigrant visa issuances and
refusals contained at 22 CFR 41.113(i)
(new) and 22 CFR 41.121(c),
respectively, to specify who should
conduct the reviews, the types of cases
to be reviewed, and the goals of the
reviews.
Effective Date: This rule is
effective on June 30, 2006.
DATES:
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:
mstockstill on PROD1PC61 with RULES
Why Is the Department Promulgating
These Rules?
Nonimmigrant visa refusals and
issuances are generally committed by
law to the adjudicating consular officer.
The Department nevertheless provides
for them to be reviewed by consular
experts in a supervisory capacity. Such
reviews are a significant management
and instructional tool useful in
maintaining the highest professional
standards of adjudication and ensuring
uniform and correct application of the
law and regulations. The purpose of this
rule revision is to expand the scope of
reviews of nonimmigrant visa
applications to ensure that Department
supervisors are reviewing both
issuances and refusals to the greatest
extent practicable, while balancing
workload considerations at consular
posts.
VerDate Aug<31>2005
15:10 Jun 29, 2006
Jkt 208001
Why Has the Department Imposed a
Review of Applications of
Nonimmigrant Issuances?
Current regulations require that the
section chief or designee review all visa
refusals. The Foreign Affairs Manual
(FAM) calls for a spot check of NIV
issuances. In order to enhance U.S.
border security, we are placing greater
emphasis on reviewing issuances to
ensure that visas are issued in
compliance with law and procedures.
This rule revision will provide a
regulatory framework for a regular and
targeted review of both visa issuances
and refusals.
Why Has the Department Reduced the
Degree of Review of Refusals?
Due to the need to formalize our
review of visa issuances beyond spot
checks in order to promote border
security, it will no longer be possible to
review all visa refusals. We will
continue to review refusals to ensure
appropriate adjudication standards are
maintained, while striking the
appropriate balance between resources
and essential functions.
Who Will Review the Applications?
The reviewing officer will be the
adjudicating consular officer’s direct
supervisor, or a designated alternate. If
the reviewing officer disagrees with the
consular officer’s decision, and he or
she has a consular commission and title,
the reviewing officer can assume
responsibility for the case and
readjudicate it. If the reviewing officer
does not have a consular commission
and title, he or she must consult with
the adjudicating officer, or with the Visa
Office, to resolve any disagreement. The
Department’s regulation at 22 CFR
41.121(c) specifies that a refusal must be
reviewed without delay; that is, on the
day of the refusal or as soon as is
administratively possible. This rule will
be applied to review of visa issuances as
well.
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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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.
No. 104–4). Moreover, this rule is not
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.
E:\FR\FM\30JNR1.SGM
30JNR1
Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Rules and Regulations
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.
I For the reasons stated in the preamble,
the Department of State amends 22 CFR
part 41 as follows:
PART 41—[AMENDED]
1. The authority citation for part 41
shall continue to read as follows:
I
Authority: 8 U.S.C. 1104; Public Law 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) Public Law 104–208, 110 Stat. 3546.
2. In § 41.113, add paragraph (i) to
read as follows:
I
§ 41.113
BILLING CODE 4710–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
*
*
*
*
(i) Nonimmigrant visa refusals must
be reviewed, in accordance with
guidance by the Secretary of State, by
consular supervisors, or a designated
alternate, to ensure compliance with
applicable laws and procedures. Visa
issuances must be reviewed without
delay; that is, on the day of issuance or
as soon as is administratively possible.
If the reviewing officer disagrees with
the decision and he or she has a
consular commission and title, the
reviewing officer may assume
responsibility and readjudicate the case.
If the reviewing officer does not have a
consular commission and title, he or she
must consult with the adjudicating
officer, or with the Visa Office, to
resolve any disagreement.
3. In § 41.121, revise paragraph (c) to
read as follows:
I
Refusal of individual visas.
*
mstockstill on PROD1PC61 with RULES
Dated: June 16, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. E6–10270 Filed 6–29–06; 8:45 am]
Procedures in issuing visas.
*
§ 41.121
ineligibility upon which the visa was
refused cannot be overcome by the
presentation of additional evidence, the
refusal must be reviewed without delay;
that is, on the day of the refusal or as
soon as it is administratively possible. If
the ground(s) of ineligibility may be
overcome by the presentation of
additional evidence, and the applicant
has indicated the intention to submit
such evidence, a review of the refusal
may be deferred for not more than 120
days. If the reviewing officer disagrees
with the decision and he or she has a
consular commission and title, the
reviewing officer can assume
responsibility and readjudicate the case.
If the reviewing officer does not have a
consular commission and title, he or she
must consult with the adjudicating
officer, or with the Visa Office, to
resolve any disagreement.
*
*
*
*
*
*
*
*
*
(c) Nonimmigrant visa issuances must
be reviewed, in accordance with
guidance by the Secretary of State, by
consular supervisors, or a designated
alternate, to ensure compliance with
laws and procedures. If the ground(s) of
VerDate Aug<31>2005
15:09 Jun 29, 2006
Jkt 208001
33 CFR Part 165
[CGD09–06–047]
Safety Zone: Captain of the Port
Detroit Zone
Coast Guard, DHS.
Notice of implementation of
final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
implementing safety zones for annual
fireworks displays in the Captain of the
Port Detroit Zone during July 2006. This
action is necessary to provide for the
safety of life and property on navigable
waters during these events. These safety
zones will restrict vessel traffic from a
portion of the Captain of the Port Detroit
Zone.
DATES: Effective from 12:01 a.m. (local)
on July 1, 2006 to 11:59 p.m. (local) on
July 31, 2006.
FOR FURTHER INFORMATION CONTACT:
LTJG Cynthia Channell, Waterways
Management, Sector Detroit, 110 Mt.
Elliott Ave., Detroit, MI at (313) 568–
9580.
The Coast
Guard is implementing the permanent
safety zones in 33 CFR 165.907
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
37495
(published May 21, 2001, in the Federal
Register, 66 FR 27868), for fireworks
displays in the Captain of the Port
Detroit Zone during July 2006. The
following safety zones are in effect for
fireworks displays occurring in the
month of July 2006:
(1) Lake Erie Metro Park Fireworks,
Brownstown, MI. Location: All waters
off Lake Erie Metro Park, Lake Erie
bounded by the arc of a circle with a
300-yard radius with its center located
at approximate position 42° 03′ N,
083°11′ W (NAD 1983), on July 1, 2006,
from 10 p.m. to 10:45 p.m.
(2) Grosse Pointe Farms Fireworks,
Grosse Pointe Farms, MI. Location: All
waters of Lake St. Clair within a 300yard radius of the fireworks barge in
approximate position 42°23′ N, 082°52′
W (NAD 1983), about 300 yards east of
Grosse Pointe Farms, MI on July 1, 2006,
from 10 p.m. to 11:30 p.m. Rain date:
On July 2, 2006, from 10 p.m. to 11:30
p.m.
(3) Caseville Fireworks, Caseville, MI.
Location: The waters off the Caseville
breakwall, Saginaw River bounded by
the arc of a circle with a 300-yard radius
with its center in approximate position
43°55′ N, 083°17′ W (NAD 1983) on July
1, 2006 from 10 p.m. to 11 p.m.
(4) Algonac Pickerel Tournament
Fireworks, Algonac, MI. Location: All
waters of the St. Clair River within a
300-yard radius of the fireworks barge in
approximate position 42°37′ N, 082°32′
W (NAD 1983), between Algonac and
Russell Island, St. Clair River-North
Channel, on July 1, 2006 from 10 p.m.
to 11 p.m. Rain date: On July 2, 2006,
from 10 p.m. to 11 p.m.
(5) Port Sanilac Fireworks, Port
Sanilac, MI. Location: All waters off the
South Harbor breakwall, Lake Huron
bounded by the arc of a circle with a
300-yard radius with its center in
approximate position 43°25′ N, 082°31′
W (NAD 1983) on July 1, 2006 from 10
p.m. to 10:30 p.m.
(6) Lexington Independence Festival
Fireworks, Lexington, MI. Location: All
waters of Lake Huron within a 300-yard
radius of the fireworks barge in
approximate position 43°13′ N, 082°30′
W (NAD 1983), about 300 yards east of
the Lexington breakwall Lake Huron, on
July 3, 2006 from 10 p.m. to 10:45 p.m.
(7) City of St. Clair Fireworks, St.
Clair, MI. Location: All waters off the St.
Clair City Park, St. Clair River bounded
by the arc of a circle with a 300-yard
radius with its center in approximate
position 42°49′ N, 082°29′ W (NAD
1983) on July 4, 2006 from 10:45 p.m.
to 11:30 p.m.
(8) Port Austin Fireworks, Port Austin,
MI. Location: All waters off the Port
Austin breakwall, Lake Huron bounded
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Rules and Regulations]
[Pages 37494-37495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10270]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 5459]
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule expands guidance to consular offices for the review
of nonimmigrant visa issuances and refusals contained at 22 CFR
41.113(i) (new) and 22 CFR 41.121(c), respectively, to specify who
should conduct the reviews, the types of cases to be reviewed, and the
goals of the reviews.
DATES: Effective Date: This rule is effective on June 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:
Why Is the Department Promulgating These Rules?
Nonimmigrant visa refusals and issuances are generally committed by
law to the adjudicating consular officer. The Department nevertheless
provides for them to be reviewed by consular experts in a supervisory
capacity. Such reviews are a significant management and instructional
tool useful in maintaining the highest professional standards of
adjudication and ensuring uniform and correct application of the law
and regulations. The purpose of this rule revision is to expand the
scope of reviews of nonimmigrant visa applications to ensure that
Department supervisors are reviewing both issuances and refusals to the
greatest extent practicable, while balancing workload considerations at
consular posts.
Why Has the Department Imposed a Review of Applications of Nonimmigrant
Issuances?
Current regulations require that the section chief or designee
review all visa refusals. The Foreign Affairs Manual (FAM) calls for a
spot check of NIV issuances. In order to enhance U.S. border security,
we are placing greater emphasis on reviewing issuances to ensure that
visas are issued in compliance with law and procedures. This rule
revision will provide a regulatory framework for a regular and targeted
review of both visa issuances and refusals.
Why Has the Department Reduced the Degree of Review of Refusals?
Due to the need to formalize our review of visa issuances beyond
spot checks in order to promote border security, it will no longer be
possible to review all visa refusals. We will continue to review
refusals to ensure appropriate adjudication standards are maintained,
while striking the appropriate balance between resources and essential
functions.
Who Will Review the Applications?
The reviewing officer will be the adjudicating consular officer's
direct supervisor, or a designated alternate. If the reviewing officer
disagrees with the consular officer's decision, and he or she has a
consular commission and title, the reviewing officer can assume
responsibility for the case and readjudicate it. If the reviewing
officer does not have a consular commission and title, he or she must
consult with the adjudicating officer, or with the Visa Office, to
resolve any disagreement. The Department's regulation at 22 CFR
41.121(c) specifies that a refusal must be reviewed without delay; that
is, on the day of the refusal or as soon as is administratively
possible. This rule will be applied to review of visa issuances as
well.
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. No. 104-4). Moreover, this rule is not
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.
[[Page 37495]]
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; Public Law 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) Public Law 104-208, 110 Stat.
3546.
0
2. In Sec. 41.113, add paragraph (i) to read as follows:
Sec. 41.113 Procedures in issuing visas.
* * * * *
(i) Nonimmigrant visa refusals must be reviewed, in accordance with
guidance by the Secretary of State, by consular supervisors, or a
designated alternate, to ensure compliance with applicable laws and
procedures. Visa issuances must be reviewed without delay; that is, on
the day of issuance or as soon as is administratively possible. If the
reviewing officer disagrees with the decision and he or she has a
consular commission and title, the reviewing officer may assume
responsibility and readjudicate the case. If the reviewing officer does
not have a consular commission and title, he or she must consult with
the adjudicating officer, or with the Visa Office, to resolve any
disagreement.
0
3. In Sec. 41.121, revise paragraph (c) to read as follows:
Sec. 41.121 Refusal of individual visas.
* * * * *
(c) Nonimmigrant visa issuances must be reviewed, in accordance
with guidance by the Secretary of State, by consular supervisors, or a
designated alternate, to ensure compliance with laws and procedures. If
the ground(s) of ineligibility upon which the visa was refused cannot
be overcome by the presentation of additional evidence, the refusal
must be reviewed without delay; that is, on the day of the refusal or
as soon as it is administratively possible. If the ground(s) of
ineligibility may be overcome by the presentation of additional
evidence, and the applicant has indicated the intention to submit such
evidence, a review of the refusal may be deferred for not more than 120
days. If the reviewing officer disagrees with the decision and he or
she has a consular commission and title, the reviewing officer can
assume responsibility and readjudicate the case. If the reviewing
officer does not have a consular commission and title, he or she must
consult with the adjudicating officer, or with the Visa Office, to
resolve any disagreement.
* * * * *
Dated: June 16, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E6-10270 Filed 6-29-06; 8:45 am]
BILLING CODE 4710-05-P
