Aliens Inadmissible Under the Immigration and Nationality Act, as Amended: Unlawful Voters, 50194 [E8-19755]

Download as PDF 50194 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations List of Subjects in 7 CFR Part 993 Marketing agreements, Plums, Prunes, Reporting and recordkeeping requirements. I For the reasons set forth in the preamble, 7 CFR part 993 is amended as follows: PART 993—DRIED PRUNES PRODUCED IN CALIFORNIA 1. The authority citation for 7 CFR part 993 continues to read as follows: I Authority: 7 U.S.C. 601–674. 2. Section 993.347 is revised to read as follows: I § 993.347 Assessment rate. On and after August 1, 2008, an assessment rate of $0.30 per ton of salable dried prunes is established for California dried prunes. Dated: August 20, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8–19695 Filed 8–25–08; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF STATE 22 CFR Part 40 [Public Notice: 6328] RIN 1400–AC04 Were comments solicited in the Departments Interim rule? Yes, the Department solicited comments; however, no comments were received. The final rule is unchanged from the interim rule which amended the Departments regulations at 22 CFR 40.104, published in the Federal Register on June 21, 2005 (70 FR 35526– 35527). The interim rule is hereby adopted as final. Dated: August 14, 2008. Janice L. Jacobs, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E8–19755 Filed 8–25–08; 8:45 am] Aliens Inadmissible Under the Immigration and Nationality Act, as Amended: Unlawful Voters Department of State. Final rule. AGENCY: ACTION: Act amended Section 212(a)(10) of the Immigration and Nationality Act (INA) by adding an exception to the ground of inadmissibility, INA 212(a)(10)(D), for aliens who voted in violation of the U.S. law. Under INA 212(a)(10)(D), in general, an alien will continue to be inadmissible, and therefore, ineligible for a visa, if the alien has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation. Nevertheless, pursuant to the new exception, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen. BILLING CODE 4710–06–P This rule adopts as final the Department interim rule which amended the regulations concerning visa ineligibility for aliens who vote unlawfully. The amendment was necessary to comply with the provisions of the Child Citizenship Act of 2000. DATES: This rule is effective August 26, 2008. FOR FURTHER INFORMATION CONTACT: Penafrancia D. Salas, Legislation and Regulations Division, Visa Services, Department of State, Washington, DC 20520–0106, (202) 663–2878. SUPPLEMENTARY INFORMATION: SUMMARY: sroberts on PROD1PC76 with RULES What is the Authority and Exception for this rule? On June 21, 2005, the Department published an interim rule [70 FR 35526] that implemented Section 201(b)(1) of Public Law 106–395, Child Citizenship Act of 2000 [February 27, 2001]. This VerDate Aug<31>2005 18:06 Aug 25, 2008 Jkt 214001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 630 [FHWA Docket No. FHWA–2007–0020] RIN 2125–AF23 Advance Construction of Federal-Aid Projects Federal Highway Administration (FHWA), DOT. ACTION: Final rule. AGENCY: SUMMARY: The FHWA is revising its regulation for advance construction of Federal-aid projects by: (a) Removing the restriction that a State must obligate all of its allocated or apportioned funds, or demonstrate that it will use all obligation authority allocated to it for PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Federal-aid highways and highway safety construction, prior to the approval of advance construction projects; and (b) clarifying that advance construction procedures may be used for all categories of Federal-aid highway funds, and that any available Federalaid funds for which a project is eligible may be used when a project is converted to a Federal-aid project. These revisions make the regulation consistent with the advance construction statute, which was amended by a provision enacted in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). DATES: Effective Date: September 25, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Dale Gray, Federal-aid Financial Management Division, (202) 366–0978, or Mr. Steven Rochlis, Office of the Chief Counsel, (202) 366–1395, Federal Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of the NPRM, the comments received and a copy of this document may be viewed at www.regulations.gov. A copy of this document may also be downloaded by accessing the Office of the Federal Register’s home page at: https:// www.archives.gov or the Government Printing Office’s Web page at https:// www.gpoaccess.gov/nara. Background Section 115 of title 23, United States Code, permits the Secretary to authorize States to advance the construction of Federal-aid highway projects without requiring that Federal funds be obligated at the time the FHWA approves a project. The State may proceed with an advance construction project using State funds as no present or future Federal funds are actually committed to the project. At any time the State may request that the project be converted to a Federal-aid project provided that sufficient Federal-aid funds and obligation authority are available. A State also may request a partial conversion where only a portion of the Federal share of project costs is obligated and reimbursed; and the remainder may be converted at a later time provided that funds and associated obligation authority are available. Only the amount converted to a Federal-aid project becomes an obligation of the Federal Government. C:\FR\FM\26AUR1.SGM 26AUR1

Agencies

[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Rules and Regulations]
[Page 50194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19755]


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DEPARTMENT OF STATE

22 CFR Part 40

[Public Notice: 6328]
RIN 1400-AC04


Aliens Inadmissible Under the Immigration and Nationality Act, as 
Amended: Unlawful Voters

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule adopts as final the Department interim rule which 
amended the regulations concerning visa ineligibility for aliens who 
vote unlawfully. The amendment was necessary to comply with the 
provisions of the Child Citizenship Act of 2000.

DATES: This rule is effective August 26, 2008.

FOR FURTHER INFORMATION CONTACT: Penafrancia D. Salas, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-2878.

SUPPLEMENTARY INFORMATION:

What is the Authority and Exception for this rule?

    On June 21, 2005, the Department published an interim rule [70 FR 
35526] that implemented Section 201(b)(1) of Public Law 106-395, Child 
Citizenship Act of 2000 [February 27, 2001]. This Act amended Section 
212(a)(10) of the Immigration and Nationality Act (INA) by adding an 
exception to the ground of inadmissibility, INA 212(a)(10)(D), for 
aliens who voted in violation of the U.S. law. Under INA 212(a)(10)(D), 
in general, an alien will continue to be inadmissible, and therefore, 
ineligible for a visa, if the alien has voted in violation of any 
Federal, State, or local constitutional provision, statute, ordinance, 
or regulation. Nevertheless, pursuant to the new exception, the alien 
shall not be considered to be inadmissible under any provision of this 
subsection based on such violation if each natural parent of the alien 
(or, in the case of an adopted alien, each adoptive parent of the 
alien) is or was a citizen (whether by birth or naturalization), the 
alien permanently resided in the United States prior to attaining the 
age of 16, and the alien reasonably believed at the time of such 
violation that he or she was a citizen.

Were comments solicited in the Departments Interim rule?

    Yes, the Department solicited comments; however, no comments were 
received.
    The final rule is unchanged from the interim rule which amended the 
Departments regulations at 22 CFR 40.104, published in the Federal 
Register on June 21, 2005 (70 FR 35526-35527). The interim rule is 
hereby adopted as final.

    Dated: August 14, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E8-19755 Filed 8-25-08; 8:45 am]
BILLING CODE 4710-06-P
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