Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 75662-75663 [E6-21492]

Download as PDF 75662 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. E6–21470 Filed 12–15–06; 8:45 am] BILLING CODE 6714–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 292 [Docket No. RM06–10–000] New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities; Correction Federal Energy Regulatory Commission, DOE. ACTION: Final rule; correction. pwalker on PRODPC60 with RULES AGENCY: 16:25 Dec 15, 2006 Jkt 211001 Magalie R. Salas, Secretary. [FR Doc. E6–21433 Filed 12–15–06; 8:45 am] BILLING CODE 6717–01–P SUMMARY: This document corrects errors in a final rule that the Federal Energy Regulatory Commission (Commission) published in the Federal Register on November 1, 2006. That action amended the Commission’s regulations governing small power production and cogeneration in response to section 1253 of the Energy Policy Act of 2005. DATES: These corrections are effective January 2, 2007. FOR FURTHER INFORMATION CONTACT: Samuel Higginbottom (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, at (202) 502–8561. SUPPLEMENTARY INFORMATION: In FR Document 06–8928, published November 1, 2006 (71 FR 64342), make the following corrections: I On page 64372, column 2, in § 292.303(c)(1), in the last sentence, after ‘‘interconnection’’ add ‘‘costs’’. The sentence is corrected to read: ‘‘The obligation to pay for any interconnection costs shall be determined in accordance with § 292.306. I On page 64372, column 2, in ‘‘§ 292.303(d), in the first sentence, after ‘‘purchase energy’’, remove ‘‘and’’ and add in its place ‘‘or’’. Sentence is corrected to read : ‘‘If a qualifying facility agrees, an electric utility which would otherwise be obligated to purchase energy or capacity from such qualifying facility may transmit energy or capacity to any other electric utility’’. I On page 64373, column 1, in § 292.309(f)(2), in the last sentence after ‘‘facility ouput or’’ add the word ‘‘capacity’’. Sentence is corrected to read: ‘‘The qualifying facility may show VerDate Aug<31>2005 that it is located in an area where persistent transmission constraints in effect cause the qualifying facility not to have access to markets outside a persistently congested area to sell the qualifying facility output or capacity’’. I On page 64374, second column, in § 292.312(b), after, ‘‘an existing qualifying cogeneration’’ remove ‘‘qualifying’’. The sentence is corrected to read: ‘‘After August 8, 2005, an electric utility shall not be required to enter into a new contract or obligation to sell electric energy to a qualifying small power production facility, an existing qualifying cogeneration facility, or a new qualifying cogeneration facility if the Commission has found that;’’ DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice: 5646] Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended State Department. Final rule. AGENCY: ACTION: SUMMARY: This final rule amends guidance to consular offices for the waiver of personal appearance of applicants for nonimmigrant visas contained at 22 CFR 41.102, to conform to the requirements of Section 222(h) of the Immigration and Nationality Act, as added by section 5301 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). The final rule replaces the interim rule published in the Federal Register on July 7, 2003 and reflects legislation enacted subsequent to that rule. DATES: This rule is effective on December 18, 2006. FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and Regulations Division, Visa Services, Department of State, Washington, DC 20520–0106, (202) 663–1221, e-mail (robertsonce3@state.gov). Why is the Department promulgating this rule? Section 5301 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) added a new Section 222(h) to the Immigration and Nationality Act (INA). Section 222(h) Frm 00014 Fmt 4700 Sfmt 4700 Are there any exceptions to these new requirements? Section 5301 of IRTPA provides for some exceptions from the new interview requirements. In addition, as the President noted in the signing statement for IRTPA, the interview requirement is viewed ‘‘as advisory’’ with respect to foreign diplomats or foreign officials, because it otherwise would impermissibly burden the President’s constitutional authority to conduct foreign relations. Therefore, the regulations continue to permit exemptions from the interview requirements of persons in A–1, A–2, C– 2, C–3, G–1, G–2, G–3 G–4, NATO–1, NATO–2, NATO–3, NATO–4, NATO–5, or NATO 6 classifications, and applicants for diplomatic or officials visas as described in 22 CFR 41.26 and 41.27. Regulatory Findings SUPPLEMENTARY INFORMATION: PO 00000 sets out detailed statutory requirements for personal interviews of nonimmigrant visa applicants in the INA for the first time. Previously, INA Section 222(e) left the question of personal appearance of nonimmigrant visa applicants to be defined by regulation. The Department’s interim rule published on July 7, 2003 (68 FR 40168) defined the requirements for personal appearance. This final rule replaces the previous interim rule to reflect the requirements of IRTPA and the new INA Section 222(h). Most of new Section 222(h) can be implemented through the Department’s existing personal appearance regulations and current requirements for fingerprint collection, but a few changes in the regulations are needed to conform fully to the new interview requirements. The most significant change is that a consular officer must now interview persons in the same age ranges as persons covered by the biometric collection requirement. In addition to the existing list of situations in which an interview may not be waived, the personal interview requirement may not be waived for NIV applicants from third countries and applicants who have been previously refused visas or found ineligible for visas, where that ineligibility was not overcome. Administrative Procedure Act 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. E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations 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). 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. The Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Pub. L. 104–4, 109 Stat. 48, 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. The Department has reviewed the proposed 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 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, Pub. L. 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. pwalker on PRODPC60 with RULES Executive Order 12866: Regulatory Review 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 the proposed regulation justify its costs. The Department does not consider the 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. Executive Orders 12372 and 13132: Federalism This regulation will not have substantial direct effects on the States, on the relationship between the national VerDate Aug<31>2005 16:25 Dec 15, 2006 Jkt 211001 Executive Order 12988: Civil Justice Reform 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 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: 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. Amend § 41.102 as follows: A. Revise paragraph (b), B. Amend paragraph (c) by adding the phrase ‘‘Except as provided in paragraph (d) of this section’’ to the beginning of the second sentence. I C. Redesignate paragraph (d) as (e) and add a new paragraph (d). The new and revised text reads as follows: I I I § 41.102 Personal appearance of applicant * * * * * (b) Waivers of personal appearance by consular officers. Except as provided in paragraph (d) of this section or as otherwise instructed by the Deputy Assistant Secretary of State for Visa Services, a consular officer may waive the requirement of personal appearance in the case of any alien who the consular officer concludes presents no national security concerns requiring an interview and who: (1) Is a child under 14 years of age; (2) Is a person over 79 years of age; (3) Is within a class of nonimmigrants classifiable under the visa symbols A– PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 75663 1, A–2, C–2, C–3 (except attendants, servants, or personal employees of accredited officials), G–1, G–2, G–3, G– 4, NATO–1, NATO–2, NATO–3, NATO– 4, NATO–5, or NATO–6 and who is seeking a visa in such classification; (4) Is an applicant for a diplomatic or official visa as described in §§ 41.26 or 41.27 of this chapter, respectively; (5) Is an applicant who within 12 months of the expiration of the applicant’s previously issued visa is seeking re-issuance of a nonimmigrant biometric visa in the same classification at the consular post of the applicant’s usual residence, and for whom the consular officer has no indication of visa ineligibility or of noncompliance with U.S. immigration laws and regulations; or (6) Is an alien for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstances. * * * * * (d) Cases in which personal appearance may not be waived. A consular officer or the Deputy Assistant Secretary of State may not waive personal appearance for: (1) Any NIV applicant who is not a national or resident of the country in which he or she is applying, unless the applicant is eligible for a waiver of the interview under paragraphs (b)(3) or (b)(4) of this section. (2) Any NIV applicant who was previously refused a visa, is listed in CLASS, or who otherwise requires a Security Advisory Opinion, unless: (i) The visa was refused temporarily and the refusal was subsequently overcome; (ii) The alien was found inadmissible, but the inadmissibility was waived; or (iii) The applicant is eligible for a waiver of the interview under paragraphs (b)(3) or (b)(4) of this section. (3) Any NIV applicant who is from a country designated by the Secretary of State as a state sponsor of terrorism, regardless of age, or in a group designated by the Secretary of State under section 222(h)(2)(F) of the Immigration and Nationality Act, unless the applicant is eligible for a waiver under paragraphs (b)(3) or (b)(4) of this section. * * * * * Dated: November 30, 2006. Maura Harty, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E6–21492 Filed 12–15–06; 8:45 am] BILLING CODE 4710–06–P E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Rules and Regulations]
[Pages 75662-75663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21492]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 5646]


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended

AGENCY: State Department.

ACTION: Final rule.

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

SUMMARY: This final rule amends guidance to consular offices for the 
waiver of personal appearance of applicants for nonimmigrant visas 
contained at 22 CFR 41.102, to conform to the requirements of Section 
222(h) of the Immigration and Nationality Act, as added by section 5301 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(IRTPA). The final rule replaces the interim rule published in the 
Federal Register on July 7, 2003 and reflects legislation enacted 
subsequent to that rule.

DATES: This rule is effective on December 18, 2006.

FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1221, e-mail (robertsonce3@state.gov).

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

    Section 5301 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (IRTPA) added a new Section 222(h) to the Immigration and 
Nationality Act (INA). Section 222(h) sets out detailed statutory 
requirements for personal interviews of non-immigrant visa applicants 
in the INA for the first time. Previously, INA Section 222(e) left the 
question of personal appearance of nonimmigrant visa applicants to be 
defined by regulation. The Department's interim rule published on July 
7, 2003 (68 FR 40168) defined the requirements for personal appearance. 
This final rule replaces the previous interim rule to reflect the 
requirements of IRTPA and the new INA Section 222(h). Most of new 
Section 222(h) can be implemented through the Department's existing 
personal appearance regulations and current requirements for 
fingerprint collection, but a few changes in the regulations are needed 
to conform fully to the new interview requirements. The most 
significant change is that a consular officer must now interview 
persons in the same age ranges as persons covered by the biometric 
collection requirement. In addition to the existing list of situations 
in which an interview may not be waived, the personal interview 
requirement may not be waived for NIV applicants from third countries 
and applicants who have been previously refused visas or found 
ineligible for visas, where that ineligibility was not overcome.

Are there any exceptions to these new requirements?

    Section 5301 of IRTPA provides for some exceptions from the new 
interview requirements. In addition, as the President noted in the 
signing statement for IRTPA, the interview requirement is viewed ``as 
advisory'' with respect to foreign diplomats or foreign officials, 
because it otherwise would impermissibly burden the President's 
constitutional authority to conduct foreign relations. Therefore, the 
regulations continue to permit exemptions from the interview 
requirements of persons in A-1, A-2, C-2, C-3, G-1, G-2, G-3 G-4, NATO-
1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO 6 classifications, and 
applicants for diplomatic or officials visas as described in 22 CFR 
41.26 and 41.27.

Regulatory Findings

Administrative Procedure Act

    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.

[[Page 75663]]

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 Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Pub. L. 104-4, 109 Stat. 48, 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.

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, Pub. L. 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.

Executive Order 12866: Regulatory Review

    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 the 
proposed regulation justify its costs. The Department does not consider 
the 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.

Executive Orders 12372 and 13132: Federalism

    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.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the proposed 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.

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 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:

    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. Amend Sec.  41.102 as follows:
0
A. Revise paragraph (b),
0
B. Amend paragraph (c) by adding the phrase ``Except as provided in 
paragraph (d) of this section'' to the beginning of the second 
sentence.
0
C. Redesignate paragraph (d) as (e) and add a new paragraph (d).
    The new and revised text reads as follows:


Sec.  41.102  Personal appearance of applicant

* * * * *
    (b) Waivers of personal appearance by consular officers. Except as 
provided in paragraph (d) of this section or as otherwise instructed by 
the Deputy Assistant Secretary of State for Visa Services, a consular 
officer may waive the requirement of personal appearance in the case of 
any alien who the consular officer concludes presents no national 
security concerns requiring an interview and who:
    (1) Is a child under 14 years of age;
    (2) Is a person over 79 years of age;
    (3) Is within a class of nonimmigrants classifiable under the visa 
symbols A-1, A-2, C-2, C-3 (except attendants, servants, or personal 
employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, 
NATO-3, NATO-4, NATO-5, or NATO-6 and who is seeking a visa in such 
classification;
    (4) Is an applicant for a diplomatic or official visa as described 
in Sec. Sec.  41.26 or 41.27 of this chapter, respectively;
    (5) Is an applicant who within 12 months of the expiration of the 
applicant's previously issued visa is seeking re-issuance of a 
nonimmigrant biometric visa in the same classification at the consular 
post of the applicant's usual residence, and for whom the consular 
officer has no indication of visa ineligibility or of noncompliance 
with U.S. immigration laws and regulations; or
    (6) Is an alien for whom a waiver of personal appearance is 
warranted in the national interest or because of unusual circumstances.
* * * * *
    (d) Cases in which personal appearance may not be waived. A 
consular officer or the Deputy Assistant Secretary of State may not 
waive personal appearance for:
    (1) Any NIV applicant who is not a national or resident of the 
country in which he or she is applying, unless the applicant is 
eligible for a waiver of the interview under paragraphs (b)(3) or 
(b)(4) of this section.
    (2) Any NIV applicant who was previously refused a visa, is listed 
in CLASS, or who otherwise requires a Security Advisory Opinion, 
unless:
    (i) The visa was refused temporarily and the refusal was 
subsequently overcome;
    (ii) The alien was found inadmissible, but the inadmissibility was 
waived; or
    (iii) The applicant is eligible for a waiver of the interview under 
paragraphs (b)(3) or (b)(4) of this section.
    (3) Any NIV applicant who is from a country designated by the 
Secretary of State as a state sponsor of terrorism, regardless of age, 
or in a group designated by the Secretary of State under section 
222(h)(2)(F) of the Immigration and Nationality Act, unless the 
applicant is eligible for a waiver under paragraphs (b)(3) or (b)(4) of 
this section.
* * * * *

    Dated: November 30, 2006.
Maura Harty,
 Assistant Secretary for Consular Affairs, Department of State.
 [FR Doc. E6-21492 Filed 12-15-06; 8:45 am]
BILLING CODE 4710-06-P