Visas: Classification of Immediate Family Members as G Nonimmigrants, 33699-33700 [2013-13315]

Download as PDF Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations Administration, 7519 Standish Pl., Rockville, MD 20855, 240–276–9019, ghaibel@fda.hhs.gov. The Food and Drug Administration (FDA) is correcting a document amending the animal drug regulations to reflect approval actions for new animal drug applications and abbreviated new animal drug applications during March 2013 that appeared in the Federal Register of April 30, 2013 (78 FR 25182). FDA is correcting the approved strengths of dexmedetomidine hydrochloride injectable solution. This correction is being made to improve the accuracy of the animal drug regulations. SUPPLEMENTARY INFORMATION: List of Subjects in 21 CFR Part 522 Animal drugs. Therefore, 21 CFR part 522 is corrected by making the following correcting amendment. PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: ■ Authority: 21 U.S.C. 360b. 2. In § 522.558, revise paragraph (a) to read as follows: ■ § 522.558 Dexmedetomidine. (a) Specifications. Each milliliter of solution contains 0.1 or 0.5 milligrams dexmedetomidine hydrochloride. * * * * * Dated: May 31, 2013. Bernadette Dunham, Director, Center for Veterinary Medicine. [FR Doc. 2013–13331 Filed 6–4–13; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF STATE 22 CFR Part 41 employment that would otherwise allow them to change status to A classification. This rule is being promulgated to allow family members of employees of bilateral missions to work at international organizations in a visa status that reflects their position with the international organization. DATES: This rule is effective June 5, 2013. FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street NW., Room L–603D, Washington, DC 20520– 0106, (202) 663–1260. SUPPLEMENTARY INFORMATION: Why is the Department promulgating this rule? Currently, 22 CFR 41.22(b) requires that an alien entitled to classification as an A–1 or A–2 nonimmigrant must be classified as such, even those who are also eligible for another nonimmigrant classification. This rule will allow an A–1 or A–2 derivative applicant who works for an international organization to be classified as G–1, G–2, G–3, or G–4 nonimmigrant. Additionally, this rule amends 22 CFR 41.24(b)(4) to clarify that an immediate family member of a principal alien classifiable G–1 or G–2, G–3 or G–4 who has employment authorization may maintain G classification, even if employment obtained after entry would allow them to be classified under INA 101(a)(15)(A). With this change, family members of diplomats assigned to the United States will be able to accept employment with international organizations and obtain visas that reflect their status as employees of such organizations, rather than as diplomatic dependents. Inability to obtain G visas has posed an impediment to the employment of some individuals in this category. Regulatory Findings [Public Notice 8348] State Department. ACTION: Final rule. 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 rulemaking procedures set forth at 5 U.S.C. 553. This rule permits qualified immediate family members of A–1 or A–2 nonimmigrants to be independently classified as G–1, G–2, G–3, or G–4 nonimmigrants. It also clarifies that immediate family members of G–1, G– 2, G–3, and G–4 nonimmigrants who have employment authorization may remain in G classification upon gaining Regulatory Flexibility Act/Executive Order 13272: Small Business Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth by the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with the RIN 1400–AD21 Visas: Classification of Immediate Family Members as G Nonimmigrants AGENCY: TKELLEY on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 33699 Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, 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. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804. 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 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 this regulation outweigh any cost. The Department does not consider this 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. The rule will not have federalism implications warranting the application of Executive Orders 12372 and 13132. E:\FR\FM\05JNR1.SGM 05JNR1 33700 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations Executive Order 12988: Civil Justice Reform The Department has reviewed the regulation in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13563: Improving Regulation and Regulatory Review The Department has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. 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, Documentation of nonimmigrants, Foreign officials, Immigration, Passports and Visas. For the reasons stated in the preamble, the Department of State amends 22 CFR part 41 to read as follows: PART 41—[AMENDED] 1. The authority citation for Part 41 continues to read as follows: ■ Authority: 8 U.S.C. 1104; Pub. L. 105–277, 112 Stat. 2681–795 through 2681–801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108–458, as amended by section 546 of Pub. L. 109–295). 2. Section 41.22 is amended by revising paragraphs (a) and (b) to read as follows: ■ TKELLEY on DSK3SPTVN1PROD with RULES § 41.22 Officials of foreign governments. (a) Criteria for classification of foreign government officials. (1) An alien is classifiable A–1 or A–2 under INA section 101(a)(15)(A) (i) or (ii) if the principal alien: (i) Has been accredited by a foreign government recognized de jure by the United States; (ii) Intends to engage solely in official activities for that foreign government while in the United States; and (iii) Has been accepted by the President, the Secretary of State, or a consular officer acting on behalf of the Secretary of State. (2) A member of the immediate family of a principal alien is classifiable A–1 or A–2 under INA section 101(a)(15)(A)(i) or (ii) if the principal alien is so classified. (b) Classification under INA section 101(a)(15)(A). An alien entitled to classification under INA section VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 101(a)(15)(A) shall be classified under this section even if eligible for another nonimmigrant classification. An exception may be made where an immediate family member classifiable as A–1 or A–2 under paragraph (a)(2) of this section is also independently classifiable as a principal under INA section 101(a)(15)(G)(i), (ii), (iii), or (iv). * * * * * ■ 3. Section 41.24 is amended by revising paragraph (b) to read as follows: § 41.24 International organization aliens. * * * * * (b) Aliens coming to international organizations. (1) An alien is classifiable under INA 101(a)(15)(G) if the consular officer is satisfied that the alien is within one of the classes described in that section and seeks to enter or transit the United States in pursuance of official duties. If the purpose of the entry or transit is other than pursuance of official duties, the alien is not classifiable under INA section 101(a)(15)(G). (2) An alien applying for a visa under the provisions of INA section 101(a)(15)(G) may not be refused solely on the grounds that the applicant is not a national of the country whose government the applicant represents. (3) An alien seeking to enter the United States as a foreign government representative to an international organization, who is also proceeding to the United States on official business as a foreign government official within the meaning of INA section 101(a)(15)(A), shall be issued a visa under that section, if otherwise qualified. (4) An alien not classified under INA section 101(a)(15)(A) but entitled to classification under INA section 101(a)(15)(G) shall be classified under the latter section, even if also eligible for another nonimmigrant classification. An alien classified under INA section 101(a)(15)(G) as an immediate family member of a principal alien classifiable G–1 or G–2, G–3 or G–4, may continue to be so classified even if he or she obtains employment subsequent to his or her initial entry into the United States that would allow classification under INA section 101(a)(15)(A). Such alien shall not be classified in a category other than A or G, even if also eligible for another nonimmigrant classification. * * * * * Dated: May 2, 2013. Janice L. Jacobs, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2013–13315 Filed 6–4–13; 8:45 am] BILLING CODE 4710–06–P PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2013–0402] RIN 1625–AA08 Special Local Regulations for Marine Events, Pleasantville Aquatics 15th Annual 5K Open Water Swim, Intracoastal Waterway; Atlantic City, NJ Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: SUMMARY: The Coast Guard is establishing a special local regulation on the Intracoastal Waterway in Atlantic City, NJ. This special local regulation will restrict vessel traffic on a portion of the Intracoastal Waterway from operating while a swim event is taking place. This special local regulation is necessary to protect the swimmers from the hazards associated with passing vessel traffic. DATES: This rule will be effective from 9 a.m. until 12 noon on June 9, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0402]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email Lieutenant Corrina Ott, Chief Waterways Management, Sector Delaware Bay, Coast Guard; telephone (215) 271–4902, email corrina.ott@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking E:\FR\FM\05JNR1.SGM 05JNR1

Agencies

[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33699-33700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13315]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 8348]
RIN 1400-AD21


Visas: Classification of Immediate Family Members as G 
Nonimmigrants

AGENCY: State Department.

ACTION: Final rule.

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

SUMMARY: This rule permits qualified immediate family members of A-1 or 
A-2 nonimmigrants to be independently classified as G-1, G-2, G-3, or 
G-4 nonimmigrants. It also clarifies that immediate family members of 
G-1, G-2, G-3, and G-4 nonimmigrants who have employment authorization 
may remain in G classification upon gaining employment that would 
otherwise allow them to change status to A classification. This rule is 
being promulgated to allow family members of employees of bilateral 
missions to work at international organizations in a visa status that 
reflects their position with the international organization.

DATES: This rule is effective June 5, 2013.

FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and 
Regulations Division, Visa Services, Department of State, 2401 E Street 
NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1260.

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating this rule?

    Currently, 22 CFR 41.22(b) requires that an alien entitled to 
classification as an A-1 or A-2 nonimmigrant must be classified as 
such, even those who are also eligible for another nonimmigrant 
classification. This rule will allow an A-1 or A-2 derivative applicant 
who works for an international organization to be classified as G-1, G-
2, G-3, or G-4 nonimmigrant.
    Additionally, this rule amends 22 CFR 41.24(b)(4) to clarify that 
an immediate family member of a principal alien classifiable G-1 or G-
2, G-3 or G-4 who has employment authorization may maintain G 
classification, even if employment obtained after entry would allow 
them to be classified under INA 101(a)(15)(A).
    With this change, family members of diplomats assigned to the 
United States will be able to accept employment with international 
organizations and obtain visas that reflect their status as employees 
of such organizations, rather than as diplomatic dependents. Inability 
to obtain G visas has posed an impediment to the employment of some 
individuals in this category.

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 rulemaking procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment 
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory 
flexibility analysis requirements set forth by the Regulatory 
Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with 
the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, 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.

 Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804. 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

    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 this 
regulation outweigh any cost. The Department does not consider this 
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. The rule will not have federalism 
implications warranting the application of Executive Orders 12372 and 
13132.

[[Page 33700]]

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulation in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Executive Order 13563: Improving Regulation and Regulatory Review

    The Department has considered this rule in light of Executive Order 
13563, dated January 18, 2011, and affirms that this regulation is 
consistent with the guidance therein.

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, Documentation of nonimmigrants, Foreign officials, 
Immigration, Passports and Visas.

    For the reasons stated in the preamble, the Department of State 
amends 22 CFR part 41 to read as follows:

PART 41--[AMENDED]

0
1. The authority citation for Part 41 continues to read as follows:

    Authority:  8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458, as amended by section 546 of Pub. L. 109-295).


0
2. Section 41.22 is amended by revising paragraphs (a) and (b) to read 
as follows:


Sec.  41.22  Officials of foreign governments.

    (a) Criteria for classification of foreign government officials. 
(1) An alien is classifiable A-1 or A-2 under INA section 101(a)(15)(A) 
(i) or (ii) if the principal alien:
    (i) Has been accredited by a foreign government recognized de jure 
by the United States;
    (ii) Intends to engage solely in official activities for that 
foreign government while in the United States; and
    (iii) Has been accepted by the President, the Secretary of State, 
or a consular officer acting on behalf of the Secretary of State.
    (2) A member of the immediate family of a principal alien is 
classifiable A-1 or A-2 under INA section 101(a)(15)(A)(i) or (ii) if 
the principal alien is so classified.
    (b) Classification under INA section 101(a)(15)(A). An alien 
entitled to classification under INA section 101(a)(15)(A) shall be 
classified under this section even if eligible for another nonimmigrant 
classification. An exception may be made where an immediate family 
member classifiable as A-1 or A-2 under paragraph (a)(2) of this 
section is also independently classifiable as a principal under INA 
section 101(a)(15)(G)(i), (ii), (iii), or (iv).
* * * * *

0
3. Section 41.24 is amended by revising paragraph (b) to read as 
follows:


Sec.  41.24  International organization aliens.

* * * * *
    (b) Aliens coming to international organizations. (1) An alien is 
classifiable under INA 101(a)(15)(G) if the consular officer is 
satisfied that the alien is within one of the classes described in that 
section and seeks to enter or transit the United States in pursuance of 
official duties. If the purpose of the entry or transit is other than 
pursuance of official duties, the alien is not classifiable under INA 
section 101(a)(15)(G).
    (2) An alien applying for a visa under the provisions of INA 
section 101(a)(15)(G) may not be refused solely on the grounds that the 
applicant is not a national of the country whose government the 
applicant represents.
    (3) An alien seeking to enter the United States as a foreign 
government representative to an international organization, who is also 
proceeding to the United States on official business as a foreign 
government official within the meaning of INA section 101(a)(15)(A), 
shall be issued a visa under that section, if otherwise qualified.
    (4) An alien not classified under INA section 101(a)(15)(A) but 
entitled to classification under INA section 101(a)(15)(G) shall be 
classified under the latter section, even if also eligible for another 
nonimmigrant classification. An alien classified under INA section 
101(a)(15)(G) as an immediate family member of a principal alien 
classifiable G-1 or G-2, G-3 or G-4, may continue to be so classified 
even if he or she obtains employment subsequent to his or her initial 
entry into the United States that would allow classification under INA 
section 101(a)(15)(A). Such alien shall not be classified in a category 
other than A or G, even if also eligible for another nonimmigrant 
classification.
* * * * *

    Dated: May 2, 2013.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2013-13315 Filed 6-4-13; 8:45 am]
BILLING CODE 4710-06-P