Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Correction, 50338-50339 [E6-14140]

Download as PDF 50338 Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Rules and Regulations FDC date State City Airport FDC No. 08/03/03 .............. MO St Louis ............................................ Lambert-St Louis Intl ....................... 6/5168 08/03/03 .............. MO St Louis ............................................ Lambert-St Louis Intl ....................... 6/5169 05/10/06 .............. 08/01/06 .............. ME NH Augusta ............................................ Keene ............................................... Augusta State .................................. Dillant-Hopkins ................................. 6/7012 6/4653 08/01/06 .............. 08/02/06 .............. MA GA Orange ............................................. Atlanta .............................................. Orange Muni .................................... Hartsfield Jackson Atlanta Intl ......... 6/4654 6/4815 08/02/06 .............. NH Rochester ......................................... Skyhaven ......................................... 6/4816 08/02/06 .............. WA Pullman/Moscos ............................... Pullman/Moscow Regional .............. 6/4822 08/03/06 .............. 08/03/06 .............. 08/03/06 .............. NJ NJ CA Wildwood ......................................... Wildwood ......................................... Long Beach ...................................... Cape May County ............................ Cape May County ............................ Long Beach/Daugherty Field ........... 6/4914 6/4916 6/4967 08/03/06 .............. AZ Tucson ............................................. Ryan Field ........................................ 6/5012 08/03/06 .............. AL Muscle Shoals ................................. Northwest Alabama Regional .......... 6/5153 08/04/06 .............. 08/04/06 .............. FL FL Destin ............................................... Destin ............................................... Destin-Fort Walton Beach ............... Destin-Fort Walton Beach ............... 6/5225 6/5226 08/04/06 .............. FL Destin ............................................... Destin-Fort Walton Beach ............... 6/5227 08/07/06 .............. 08/08/06 .............. NY OR New York ......................................... Redmond ......................................... John F. Kennedy Intl ....................... Roberts Field ................................... 6/5449 6/5636 08/08/06 .............. CA San Francisco .................................. San Francisco Intl ............................ 6/5618 Why Is the Department Correcting This Rule? [FR Doc. 06–7129 Filed 8–24–06; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF STATE [Public Notice 5523] 22 CFR Part 41 RIN 1400–AC06 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Correction Department of State. Correcting amendments. AGENCY: cprice-sewell on PROD1PC66 with RULES ACTION: SUMMARY: This document contains corrections to the final rule published in the Federal Register of June 30, 2006. The rule expanded guidance to consular offices for the review of nonimmigrant visa issuances and refusals. DATES: Effective Date: This rule is effective on August 25, 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: VerDate Aug<31>2005 15:27 Aug 24, 2006 Jkt 208001 The rule as published on June 30, 2006 (71 FR 37494), contained an amendment to 22 CFR 41.121, governing review nonimmigrant visa refusals, as well as an addition to 22 CFR 41.113 providing guidelines for review of nonimmigrant visa issuances. Due to a clerical error, the first appearance of the words ‘‘refusal’’ and ‘‘issuance’’ in their respective rules is transposed, so that the first appearance of the word ‘‘issuance’’ in 41.113 (i) appears as ‘‘refusal’’ and the first appearance of the word ‘‘refusal’’ in 41.121 (c) appears as ‘‘issuance’’. The purpose of this correction is to reverse that transposition so that the purpose of each rule change is clear. List of Subjects in 22 CFR Part 41 Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and visas, Students. Accordingly, 22 CFR part 41 is corrected by making the following correcting amendments: I PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Subject LDA/DME Rwy 30L, Amdt 1. ILS Rwy 30R, (CAT II), Amdt 9. ILS Rwy 17, Amdt 2C. VOR Rwy 2, Amdt 12C. GPS Rwy 32, Orig-D. ILS OR LOC Rwy 9R, ILS Rwy 9R (CAT II), ILS Rwy 9R (CAT III), Amdt 17A. NDB OR GPS–B Amdt 1B. RNAV (GPS) Rwy 23, Orig. LOC Rwy 19, Amdt 6. VOR–A, Amdt 3. RNAV (RNP) Y Rwy 30, Orig. ILS Rwy 6R, Amdt 5A. RNAV (GPS) Rwy 36, Orig. NDB Rwy 32, Amdt 1. RNAV (GPS) Rwy 32, Orig-A. RNAV (GPS) Rwy 14, Orig-B. VOR Rwy 4L, Orig. NDB OR GPS (Rwy 22, Amdt 1). ILS Rwy 19L, Amdt 19A. PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT 1. The authority citation for part 41 shall continue to read as follows: I Authority: 8 U.S.C. 1104; Pub. L. 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. 2. In § 41.113, revise paragraph (i) to read as follows: I § 41.113 Procedures in issuing visas. * * * * * (i) 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 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 E:\FR\FM\25AUR1.SGM 25AUR1 Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Rules and Regulations 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 § 41.121 Refusal of individual visas. * * * * * (c) Nonimmigrant refusals 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: August 7, 2006. Stephen A. Edson, Deputy Assistant Secretary, Visa Services, Department of State. [FR Doc. E6–14140 Filed 8–24–06; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 924 [MS–016–FOR] State Abandoned Mine Land Reclamation Plan Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval of amendment. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving a partial abandoned mine land reclamation (AMLR) plan under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi VerDate Aug<31>2005 15:27 Aug 24, 2006 Jkt 208001 proposed revisions to and addition of statutes to the Mississippi Surface Coal Mining and Reclamation Law in order to authorize and establish an AMLR plan. The purpose of this amendment is to demonstrate both the intent and capability to assume responsibility for administering and conducting an AMLR plan. DATES: Effective Date: August 25, 2006. FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham Field Office. Telephone: (205) 290– 7282. E-mail address: aabbs@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Abandoned Mine Land Reclamation Program II. Submission of the AMLR Plan Statutes III. OSM’s Findings IV. Summary and Disposition of Comments V. OSM’s Decision VI. Procedural Determinations I. Background on the Abandoned Mine Land Reclamation Program The AMLR Program was established by Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian Tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit, to the Secretary of the Interior for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. II. Submission of the AMLR Plan Statutes By letter dated April 5, 2006 (Administrative Record No. MS–0402), Mississippi sent us its AMLR plan statutes under SMCRA (30 U.S.C. 1201 et seq.). The purpose of this submission was to demonstrate both the intent and capability to assume responsibility for administering and conducting the provisions of SMCRA and OSM’s AMLR program (30 CFR Chapter 7, Subchapter R). Mississippi revised and added statutes to the Mississippi Surface Coal Mining and Reclamation Law at Sections 53–9–3, 53–9–7, 53–9–89, 53– 9–89(1)(c), 53–9–89(1)(c)(i) through (v), 53–9–101, 53–9–103, 53–9–105, 53–9– 107, 53–9–109, 53–9–111, 53–9–113, 53–9–115, 53–9–117, 53–9–119, 53–9– 121, 53–9–123. We announced receipt of the proposed plan statutes in the June 8, 2006, Federal Register (72 FR 33273). In PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 50339 the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the adequacy of the statutes. We did not hold a public hearing or meeting because no one requested one. The public comment period ended on July 10, 2006. We received comments from three Federal agencies. III. OSM’s Findings Following are the findings we made concerning the AMLR plan statutes under SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are approving the statutes as described below. In accordance with section 405 of SMCRA, we find that Mississippi has submitted AMLR plan statutes for the reclamation of abandoned mines and has the authority to implement the provisions of Title IV of SMCRA. 1. The public has been given adequate notice and opportunity to comment and the record does not reflect major unresolved controversies. 2. We have solicited and considered the views of the Federal agencies having an interest in the Mississippi AMLR plan statutes. Agencies that responded include: the U.S. Bureau of Land Management (BLM), U.S. Natural Resources Conservation Service (NRCS), and the U.S. Environmental Protection Agency (EPA). 3. The Mississippi Department of Environmental Quality, Office of Geology, has the legal authority and administrative structure to carry out the State AMLR plan statutes. 4. The Mississippi AMLR plan statutes meet all requirements of OSM’s Title IV program provisions. 5. We approved the Mississippi regulatory program effective September 4, 1980. 6. The Mississippi AMLR plan statutes are in compliance with all applicable State and Federal laws and regulations. Therefore, we approve Mississippi’s AMLR plan statutes. Although the AMLR plan statutes conform to statutory requirements, Mississippi must still submit the information required by 30 CFR 884.13(a) through (f) before we can make the findings necessary for full approval of its AMLR plan. The State will be able to receive and spend Federal AMLR grant funds only after we approve its complete State AMLR plan. IV. Summary and Disposition of Comments Public Comments We asked for public comments on the amendment, but did not receive any. E:\FR\FM\25AUR1.SGM 25AUR1

Agencies

[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Rules and Regulations]
[Pages 50338-50339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14140]


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DEPARTMENT OF STATE

[Public Notice 5523]

22 CFR Part 41

RIN 1400-AC06


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act; Correction

AGENCY: Department of State.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final rule published 
in the Federal Register of June 30, 2006. The rule expanded guidance to 
consular offices for the review of nonimmigrant visa issuances and 
refusals.

DATES: Effective Date: This rule is effective on August 25, 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 Correcting This Rule?

    The rule as published on June 30, 2006 (71 FR 37494), contained an 
amendment to 22 CFR 41.121, governing review nonimmigrant visa 
refusals, as well as an addition to 22 CFR 41.113 providing guidelines 
for review of nonimmigrant visa issuances. Due to a clerical error, the 
first appearance of the words ``refusal'' and ``issuance'' in their 
respective rules is transposed, so that the first appearance of the 
word ``issuance'' in 41.113 (i) appears as ``refusal'' and the first 
appearance of the word ``refusal'' in 41.121 (c) appears as 
``issuance''. The purpose of this correction is to reverse that 
transposition so that the purpose of each rule change is clear.

List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports 
and visas, Students.


0
Accordingly, 22 CFR part 41 is corrected by making the following 
correcting amendments:

PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE 
IMMIGRATION AND NATIONALITY ACT

0
1. The authority citation for part 41 shall continue to read as 
follows:

    Authority: 8 U.S.C. 1104; Pub. L. 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.  41.113, revise paragraph (i) to read as follows:


Sec.  41.113  Procedures in issuing visas.

* * * * *
    (i) 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 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

[[Page 50339]]

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 refusals 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: August 7, 2006.
Stephen A. Edson,
Deputy Assistant Secretary, Visa Services, Department of State.
[FR Doc. E6-14140 Filed 8-24-06; 8:45 am]
BILLING CODE 4710-06-P
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