Visas: Procedures for Issuing Visas, 67315-67316 [2015-27862]

Download as PDF Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations DEPARTMENT OF STATE Regulatory Findings 22 CFR Part 41 Administrative Procedure Act This regulation amends certain ‘‘rules of agency organization, procedure, or practice’’, which are not subject to the notice-and-comment rulemaking procedures set forth in 5 U.S.C. 553. See 5 U.S.C. 553(b). Therefore, the Department is issuing this amendment as a final rule. [Public Notice: 9336] RIN 1400–AD84 Visas: Procedures for Issuing Visas Department of State. Final rule. AGENCY: ACTION: SUMMARY: The Department of State is updating its regulations regarding nonimmigrant visa format, and records retention procedures. These updates reflect changes in technology, including the current practice of issuing machinereadable visas and the planned future practice of issuing visas electronically. The Department is also removing an obsolete records retention provision and a visa review provision, both of which are now addressed in the Foreign Affairs Manual. DATES: This rule is effective November 2, 2015. FOR FURTHER INFORMATION CONTACT: Lauren A. Boquin, Legislation and Regulations Division, Visa Services, Department of State, 600 19th St NW., Washington, DC 20006, (202) 485–7638. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with RULES Why is the Department promulgating this rule? Currently, 22 CFR 41.113 provides for the placement of a stamp in a visa holder’s passport. The Department is amending paragraphs (a) and (c) to reflect the current practice of issuing machine-readable visas on adhesive foils that are affixed to passports, and the planned future practice of issuing such visas as electronic visas. An electronic visas is a machine readable tamper-resistant visa format, as required by 8 U.S.C. 1732, in that the U.S. Customs and Border Protection officers at the port of entry are expected to scan the machine readable zone of the visa holder’s passport to verify the biometrics and identity of the individual and to authenticate the visa’s validity by accessing information stored in the Department’s electronic records database. Conforming changes and minor nonsubstative edits were made to paragraphs (b) and (d) through (h). Paragraph (i) was revised to remove visa review and file retention instructions that are internal Department procedures addressed in Volume 9 of the Foreign Affairs Manual. See http:// www.state.gov/m/a/dir/regs/fam/. VerDate Sep<11>2014 17:39 Oct 30, 2015 Jkt 238001 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. This regulates individual aliens who seek consideration for nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6). 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. The Department is aware of no monetary effect on the economy that would result from this rulemaking, nor will there be any increase in costs or prices; or any effect on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreignbased companies in domestic and import markets. Executive Orders 12866 and 13563 The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Orders 12866 and 13563, and has determined that the benefits of this regulation, i.e., ensuring compliance with a Congressional mandate, outweigh any cost. The Department does not consider PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 67315 this rule to be a economically significant rulemaking action. 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. 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 13175 The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. Paperwork Reduction Act This rule does not impose or revise 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, Documentation of Nonimmigrants, Passports and Visas. 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 continues to read as follows: ■ Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; 8 U.S.C. 1182(d) ; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108–458, as amended by section 546 of Pub. L. 109–295); 112 Stat. 2681–795. 2. Section 41.113 is revised to read as follows: ■ § 41.113 Procedures in issuing visas. (a) Evidence of visa. Except as provided in paragraph (b) of this section, a nonimmigrant visa shall be evidenced by a physical visa placed in the alien’s passport or by an electronic visa located in the Department’s E:\FR\FM\02NOR1.SGM 02NOR1 asabaliauskas on DSK5VPTVN1PROD with RULES 67316 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations records. The appropriate symbol as prescribed in § 41.12, showing the classification of the alien, shall be entered on the visa. (b) Cases in which a physical visa is not placed in passport. In the following cases a physical visa shall be placed on the prescribed Form DS–232. In issuing such a visa, a notation shall be made on the Form DS–232 on which the visa is placed, specifying the pertinent subparagraph of this paragraph under which the action is taken. (1) The alien’s passport was issued by a government with which the United States does not have formal diplomatic relations, unless the Department has specifically authorized the placing of the visa in such passport; (2) The passport requirement has been waived; or (3) In other cases as authorized by the Department. (c) Visa format. A machine-readable visa shall be in the format designated by the Department, and contain, at a minimum, the following data: (1) Full name of the applicant; (2) Visa type/class; (3) Location of the visa issuing office; (4) Passport number; (5) Sex; (6) Date of birth; (7) Nationality; (8) Number of applications for admission authorized, or the letter ‘‘M’’ for multiple applications for admission authorized; (9) Date of issuance; (10) Date of expiration; (11) Visa control number. (d) Insertion of name, petition, and derivative status notation. (1) The surname and given name of the visa recipient shall be shown on the visa in the space provided. (2) If the visa is being issued upon the basis of a petition approved by the Secretary of Homeland Security, the number of the petition, if any, the period for which the ’alien’s admission has been authorized, and the name of the petitioner shall be reflected in the annotation field on the visa. (3) In the case of an alien who derives status from a principal alien, the name of the principal alien and of the petitioner shall be reflected in the annotation field of the visa. (e) Period of validity. If a nonimmigrant visa is issued for an unlimited number of applications for admission within the period of validity, the letter ‘‘M’’ shall be shown under the word ‘‘entries’’. Otherwise the number of permitted applications for admission shall be identified numerically. The date of issuance and the date of expiration of the visa shall be shown at VerDate Sep<11>2014 17:39 Oct 30, 2015 Jkt 238001 the appropriate places in the visa by day, month, and year in that order. The standard three letter abbreviation for the month shall be used in all cases. (f) Restriction to specified port(s) of entry. If a nonimmigrant visa is valid for admission only at one or more specified ports of entry, the names of those ports shall be entered in the annotation field. In cases where there is insufficient room to list the port(s) of entry, they shall be listed by hand on a clean passport page. Reference shall be made in the visa’s annotation field citing the passport page upon which the port(s) of entry are listed. (g) Delivery of visa. In issuing a nonimmigrant visa, the consular officer should deliver the passport containing the visa, or the prescribed Form DS–232 which bears the visa, to the alien or to the alien’s authorized representative. Any relevant evidence furnished by the alien in accordance with § 41.103(b) should be retained, as required or necessary. (h) Disposition of supporting documents. Original supporting documents furnished by the alien should be returned for presentation, if necessary, to the immigration authorities at the port of entry. Duplicate copies may be retained in the consular system, as required or necessary. (i) Review of nonimmigrant visa issuances. 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. Dated: September 9, 2015. Michele T. Bond, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2015–27862 Filed 10–30–15; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0980] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Portsmouth and Chesapeake, VA Coast Guard, DHS. Notice of deviation from drawbridge regulations. AGENCY: ACTION: SUMMARY: The Coast Guard has issued a temporary deviation from the operating PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 schedule that governs the Belt Line Railroad Bridge across the South Branch of the Elizabeth River, mile 2.6, between Portsmouth and Chesapeake, VA. This deviation allows the bridge to remain in the closed-to-navigation position to facilitate a tie replacement project. DATES: This deviation is effective without actual notice from November 2, 2015 until 7 p.m. on November 5, 2015. For the purposes of enforcement, actual notice will be used from 11 a.m. on October 29, 2015, until November 2, 2015. ADDRESSES: The docket for this deviation, [USCG–2015–0980], is available at 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 deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398–6222, email Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: The Norfolk and Portsmouth Belt Line Railroad Company, who owns and operates the Belt Line Railroad Bridge, has requested a temporary deviation from the current operating regulations to facilitate a tie replacement project on the bridge. The bridge is a vertical lift draw bridge and has a vertical clearance in the closed position of 6 feet above mean high water. The current operating schedule is set out in 33 CFR 117.997(a). Under this temporary deviation, the bridge will remain in the closed-to-navigation position from 11 a.m. to 7 p.m., except for scheduled daily openings at 2 p.m. and 5 p.m., from October 29, 2015 through November 5, 2015. During this temporary deviation, the bridge will operate per 33 CFR 117.997(a) from 7 p.m. to 11 a.m. The South Branch of the Elizabeth River is used by a variety of vessels including deep draft ocean-going vessels, U.S. government vessels, small commercial vessels, recreational vessels and tug and barge traffic. The Coast Guard has carefully coordinated the restrictions with commercial and recreational waterway users. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies and there is no alternate route for vessels unable to pass through the bridge in the closed position. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notice to Mariners of the change in operating schedule for the bridge so that vessels E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67315-67316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27862]



[[Page 67315]]

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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 9336]
RIN 1400-AD84


Visas: Procedures for Issuing Visas

AGENCY: Department of State.

ACTION: Final rule.

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

SUMMARY: The Department of State is updating its regulations regarding 
nonimmigrant visa format, and records retention procedures. These 
updates reflect changes in technology, including the current practice 
of issuing machine-readable visas and the planned future practice of 
issuing visas electronically. The Department is also removing an 
obsolete records retention provision and a visa review provision, both 
of which are now addressed in the Foreign Affairs Manual.

DATES: This rule is effective November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Lauren A. Boquin, Legislation and 
Regulations Division, Visa Services, Department of State, 600 19th St 
NW., Washington, DC 20006, (202) 485-7638.

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating this rule?

    Currently, 22 CFR 41.113 provides for the placement of a stamp in a 
visa holder's passport. The Department is amending paragraphs (a) and 
(c) to reflect the current practice of issuing machine-readable visas 
on adhesive foils that are affixed to passports, and the planned future 
practice of issuing such visas as electronic visas. An electronic visas 
is a machine readable tamper-resistant visa format, as required by 8 
U.S.C. 1732, in that the U.S. Customs and Border Protection officers at 
the port of entry are expected to scan the machine readable zone of the 
visa holder's passport to verify the biometrics and identity of the 
individual and to authenticate the visa's validity by accessing 
information stored in the Department's electronic records database.
    Conforming changes and minor nonsubstative edits were made to 
paragraphs (b) and (d) through (h). Paragraph (i) was revised to remove 
visa review and file retention instructions that are internal 
Department procedures addressed in Volume 9 of the Foreign Affairs 
Manual. See http://www.state.gov/m/a/dir/regs/fam/.

Regulatory Findings

Administrative Procedure Act

    This regulation amends certain ``rules of agency organization, 
procedure, or practice'', which are not subject to the notice-and-
comment rulemaking procedures set forth in 5 U.S.C. 553. See 5 U.S.C. 
553(b). Therefore, the Department is issuing this amendment as a final 
rule.

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. This regulates individual 
aliens who seek consideration for nonimmigrant visas and does not 
affect any small entities, as defined in 5 U.S.C. 601(6).

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. The 
Department is aware of no monetary effect on the economy that would 
result from this rulemaking, nor will there be any increase in costs or 
prices; or any effect 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 Orders 12866 and 13563

    The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Orders 12866 and 13563, and has determined that the benefits 
of this regulation, i.e., ensuring compliance with a Congressional 
mandate, outweigh any cost. The Department does not consider this rule 
to be a economically significant rulemaking action.

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.

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 13175

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not preempt 
tribal law. Accordingly, the requirements of Executive Order 13175 do 
not apply to this rulemaking.

Paperwork Reduction Act

    This rule does not impose or revise 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, Documentation of 
Nonimmigrants, Passports and Visas.

    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 continues to read as follows:

    Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; 8 U.S.C. 1182(d) ; 8 
U.S.C. 1185 note (section 7209 of Pub. L. 108-458, as amended by 
section 546 of Pub. L. 109-295); 112 Stat. 2681-795.


0
2. Section 41.113 is revised to read as follows:


Sec.  41.113  Procedures in issuing visas.

    (a) Evidence of visa. Except as provided in paragraph (b) of this 
section, a nonimmigrant visa shall be evidenced by a physical visa 
placed in the alien's passport or by an electronic visa located in the 
Department's

[[Page 67316]]

records. The appropriate symbol as prescribed in Sec.  41.12, showing 
the classification of the alien, shall be entered on the visa.
    (b) Cases in which a physical visa is not placed in passport. In 
the following cases a physical visa shall be placed on the prescribed 
Form DS-232. In issuing such a visa, a notation shall be made on the 
Form DS-232 on which the visa is placed, specifying the pertinent 
subparagraph of this paragraph under which the action is taken.
    (1) The alien's passport was issued by a government with which the 
United States does not have formal diplomatic relations, unless the 
Department has specifically authorized the placing of the visa in such 
passport;
    (2) The passport requirement has been waived; or
    (3) In other cases as authorized by the Department.
    (c) Visa format. A machine-readable visa shall be in the format 
designated by the Department, and contain, at a minimum, the following 
data:
    (1) Full name of the applicant;
    (2) Visa type/class;
    (3) Location of the visa issuing office;
    (4) Passport number;
    (5) Sex;
    (6) Date of birth;
    (7) Nationality;
    (8) Number of applications for admission authorized, or the letter 
``M'' for multiple applications for admission authorized;
    (9) Date of issuance;
    (10) Date of expiration;
    (11) Visa control number.
    (d) Insertion of name, petition, and derivative status notation. 
(1) The surname and given name of the visa recipient shall be shown on 
the visa in the space provided.
    (2) If the visa is being issued upon the basis of a petition 
approved by the Secretary of Homeland Security, the number of the 
petition, if any, the period for which the 'alien's admission has been 
authorized, and the name of the petitioner shall be reflected in the 
annotation field on the visa.
    (3) In the case of an alien who derives status from a principal 
alien, the name of the principal alien and of the petitioner shall be 
reflected in the annotation field of the visa.
    (e) Period of validity. If a nonimmigrant visa is issued for an 
unlimited number of applications for admission within the period of 
validity, the letter ``M'' shall be shown under the word ``entries''. 
Otherwise the number of permitted applications for admission shall be 
identified numerically. The date of issuance and the date of expiration 
of the visa shall be shown at the appropriate places in the visa by 
day, month, and year in that order. The standard three letter 
abbreviation for the month shall be used in all cases.
    (f) Restriction to specified port(s) of entry. If a nonimmigrant 
visa is valid for admission only at one or more specified ports of 
entry, the names of those ports shall be entered in the annotation 
field. In cases where there is insufficient room to list the port(s) of 
entry, they shall be listed by hand on a clean passport page. Reference 
shall be made in the visa's annotation field citing the passport page 
upon which the port(s) of entry are listed.
    (g) Delivery of visa. In issuing a nonimmigrant visa, the consular 
officer should deliver the passport containing the visa, or the 
prescribed Form DS-232 which bears the visa, to the alien or to the 
alien's authorized representative. Any relevant evidence furnished by 
the alien in accordance with Sec.  41.103(b) should be retained, as 
required or necessary.
    (h) Disposition of supporting documents. Original supporting 
documents furnished by the alien should be returned for presentation, 
if necessary, to the immigration authorities at the port of entry. 
Duplicate copies may be retained in the consular system, as required or 
necessary.
    (i) Review of nonimmigrant visa issuances. 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.

    Dated: September 9, 2015.
Michele T. Bond,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2015-27862 Filed 10-30-15; 8:45 am]
 BILLING CODE 4710-06-P