Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 12050-12051 [2016-05136]
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle ACO
to make those findings. To be approved, the
repair method, modification deviation, or
alteration deviation must meet the
certification basis of the airplane and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (i) of
this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (j)(4)(i) and (j)(4)(ii)
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. An AMOC is required
for any deviations to RC steps, including
substeps and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(k) Related Information
(1) For more information about this AD,
contact Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
ACO, 1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6447; fax: 425–
917–6590; email: wayne.lockett@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone: 206–
544–5000, extension 1; fax: 206–766–5680;
Internet: https://www.myboeingfleet.com.
You may view this referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on February
29, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate Aircraft Certification Service.
[FR Doc. 2016–04931 Filed 3–7–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 9458]
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
RIN 1400–AD30
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act, as Amended
Department of State.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Department of State
proposes to reinstate a temporarily
suspended amendment to its visa
SUMMARY:
VerDate Sep<11>2014
16:21 Mar 07, 2016
Jkt 238001
regulations to clarify procedures for
waiver of documentary requirements
due to an unforeseen emergency for
nonimmigrants seeking admission to the
United States.
DATES: Comments must be received on
or before May 9, 2016.
ADDRESSES: Internet: You may view this
proposed rule and submit your
comments by visiting the
Regulations.gov Web site at
www.regulations.gov, and searching for
docket number DOS–2016–0010.
FOR FURTHER INFORMATION CONTACT:
Lauren A. Boquin, Legislation and
Regulations Division, Legal Affairs,
Office of Visa Services, Bureau of
Consular Affairs, Department of State,
600 19th St NW., Washington, DC 20006
(202) 485–7638.
SUPPLEMENTARY INFORMATION:
Background
This rulemaking proposes to reinstate
a 1999 regulatory amendment that was
invalidated by court order in United
Airlines, Inc. v. Brien, 588 F.3d 158 (2d
Cir. 2009).
Pursuant to Section 212(a)(7)(B)(i) of
the Immigration and Nationality Act
(INA), a nonimmigrant is inadmissible
to the United States if he or she does not
present an unexpired passport and valid
visa at the time of application for
admission. 8 U.S.C. 1182(a)(7)(B)(i).
Either or both of these requirements
may be waived by the Secretary of
Homeland Security and the Secretary of
State, acting jointly, in specified
situations, as provided in INA section
212(d)(4) (8 U.S.C. 1182(d)(4)). One
circumstance in which this requirement
may be waived is when a nonimmigrant
is unable to present a valid visa or
unexpired passport due to an
unforeseen emergency. In accordance
with INA section 212(d)(4) (8 U.S.C.
1182(d)(4)), the Department of State and
the Department of Homeland Security
have consulted and are acting jointly to
propose amendments to 8 CFR 212.1
and 22 CFR 41.2.
Former Regulations
The Department of State and the
former Immigration and Naturalization
Service (INS) published parallel
regulations in 1994 to consolidate and
simplify procedures for processing
waivers of documentary requirements in
cases of emergency circumstances. INS
amended its regulation in 1996,
preserving its authority to impose fines
on carriers for transporting
nonimmigrants who did not present a
valid visa and passport, even in cases
where the INS granted a waiver. In
1999, the Department of State published
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
a regulation to accompany the INS
amendment, also allowing the INS to
fine carriers who transported
individuals who later received waivers
of the visa and passport requirement. In
a 2009 decision, the U.S. Court of
Appeals for the Second Circuit found
the 1999 State Department amendment
invalid as it lacked joint action and was
not promulgated with a period for
public notice and comment.
Accordingly, the Department of State
and DHS have consulted and are acting
jointly to propose reinstating the
amendments.
Because of the court’s ruling, the 1994
rule is in effect until the Department of
State issues a final rule. The 1994
version of the text, which is available to
the public through the Government
Printing Office, stipulated that in cases
of unforeseen emergencies, a visa and
passport are not required of an alien if,
either prior to the alien’s embarkation
abroad or upon arrival at a port of entry,
the responsible district director of the
Immigration and Naturalization Service
in charge of the port of entry concludes
that the alien is unable to present the
required documents because of an
unforeseen emergency. The 1994 rule
also stipulated that any waiver of the
visa or passport requirement may be
granted by the INS district director
pursuant to INA 212(d)(4)(A) without
the prior concurrence of the Department
of State in each case in which the
district director concludes that the
alien’s claim of emergency
circumstances is legitimate and bona
fide and that approval of the waiver
would be appropriate under all of the
attendant facts and circumstances.
The Department of Homeland
Security is proposing a parallel Notice
of Proposed Rulemaking to amend 8
CFR 212.1(g), published in today’s
Federal Register.
Regulatory Findings
A. Administrative Procedure Act
The Department is publishing this
notice of proposed rulemaking with a
60-day period of notice and comment.
B. Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Department of State has reviewed
this regulation and certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities.
C. The Unfunded Mandates Reform Act
of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4, 109 Stat. 48, 2 U.S.C. 1532,
E:\FR\FM\08MRP1.SGM
08MRP1
Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules
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.
D. 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. 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.
E. Executive Order 12866
The Department of State does not
assess or collect fines under INA section
273. Neither this proposed Department
of State rule, nor prior versions of this
regulation, address fines against
carriers. However, the November 20,
2009, opinion from the United States
Circuit Court of Appeals for the Second
Circuit requires joint rulemaking by the
Department of State and DHS for the
DHS rule to take effect. United Airlines,
Inc. v. Brien, 588 F.3d 158, 179 (2d Cir.
2009). For a full economic analysis of
the jointly proposed DHS rule,
including Regulatory Flexibility and
Regulatory Impact Analyses, see the
U.S. Customs and Border Protection
Notice of Proposed Rulemaking for 8
CFR 212.1(g), RIN 1651–AA97.
F. Executive Order 13563
The Department of State has
considered this rule in light of
Executive Order 13563 and affirms that
this regulation is consistent with the
guidance therein.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
G. 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.
VerDate Sep<11>2014
16:21 Mar 07, 2016
Jkt 238001
H. Executive Order 13175—
Consultation and Coordination With
Indian Tribal Governments
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of section 5 of Executive
Order 13175 do not apply to this
rulemaking.
I. Paperwork Reduction Act
This rule does not impose or revise
information collections subject to 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,
Passports and Visas, Students
Accordingly, for the reasons set forth
in the preamble, the State Department
proposes to amend 22 CFR part 41 as
follows:
PART 41 VISAS: DOCUMENTATION OF
NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
1. The authority citation for part 41 is
revised to read as follows:
■
Authority: 22 U.S.C. 2651a; 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 41.2 is amended by revising
paragraph (i) to read as follows:
■
§ 41.2 Exemption or Waiver by Secretary
of State and Secretary of Homeland
Security of passport and/or visa
requirements for certain categories of
nonimmigrants.
*
*
*
*
*
(i) Individual cases of unforeseen
emergencies. Except as provided in
paragraphs (a) through (h) and (j)
through (l) of this section, all
nonimmigrants are required to present a
valid, unexpired visa and passport upon
arrival in the United States. A
nonimmigrant may apply for a waiver of
the visa and passport requirement if,
either prior to the nonimmigrant’s
embarkation abroad or upon arrival at a
port of entry, the officer in charge of the
port of entry concludes that the
nonimmigrant is unable to present the
required documents because of an
unforeseen emergency. The DHS district
director may grant a waiver of the visa
or passport requirement pursuant to
INA 212(d)(4)(A), without the prior
concurrence of the Department of State,
if the DHS district director concludes
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
12051
that the a nonimmigrant’s claim of
emergency circumstances is legitimate
and that approval of the waiver would
be appropriate under all of the attendant
facts and circumstances.
*
*
*
*
*
Dated: February 24, 2016.
David T. Donahue,
Acting Assistant Secretary for Consular
Affairs, Department of State.
[FR Doc. 2016–05136 Filed 3–7–16; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 266
[Docket No FR–5881–P–01]
RIN 2502–AJ35
Section 542(c) Housing Finance
Agencies Risk-Sharing Program:
Revisions to Regulations
Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Proposed rule.
AGENCY:
Through the Section 542(c)
HFA Risk-Sharing program, HUD enters
into risk-sharing agreements with State
and local housing finance agencies
(HFAs) so that HFAs can provide more
insurance and credit for multifamily
loans. This proposed rule would amend
existing regulations for the program so
that they better align with policies for
other HUD programs, reflect current
industry and HUD practices, and
conform to statutory amendments.
Additionally, this proposed rule would
provide HUD with greater flexibility in
operating the Section 542(c) HFA RiskSharing program 0s,over time, and
would provide more flexibility for
certain HFAs accepting a greater share
of the risk of loss on mortgages insured
under the program. This proposed rule
would also update references and
terminology that are now outdated and
clarify certain provisions.
DATES: Comment Due Date: April 7,
2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice to the Regulations Division,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10276,
Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
SUMMARY:
E:\FR\FM\08MRP1.SGM
08MRP1
]]>Agencies
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Proposed Rules]
[Pages 12050-12051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05136]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 9458]
RIN 1400-AD30
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended
AGENCY: Department of State.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of State proposes to reinstate a temporarily
suspended amendment to its visa regulations to clarify procedures for
waiver of documentary requirements due to an unforeseen emergency for
nonimmigrants seeking admission to the United States.
DATES: Comments must be received on or before May 9, 2016.
ADDRESSES: Internet: You may view this proposed rule and submit your
comments by visiting the Regulations.gov Web site at
www.regulations.gov, and searching for docket number DOS-2016-0010.
FOR FURTHER INFORMATION CONTACT: Lauren A. Boquin, Legislation and
Regulations Division, Legal Affairs, Office of Visa Services, Bureau of
Consular Affairs, Department of State, 600 19th St NW., Washington, DC
20006 (202) 485-7638.
SUPPLEMENTARY INFORMATION:
Background
This rulemaking proposes to reinstate a 1999 regulatory amendment
that was invalidated by court order in United Airlines, Inc. v. Brien,
588 F.3d 158 (2d Cir. 2009).
Pursuant to Section 212(a)(7)(B)(i) of the Immigration and
Nationality Act (INA), a nonimmigrant is inadmissible to the United
States if he or she does not present an unexpired passport and valid
visa at the time of application for admission. 8 U.S.C.
1182(a)(7)(B)(i). Either or both of these requirements may be waived by
the Secretary of Homeland Security and the Secretary of State, acting
jointly, in specified situations, as provided in INA section 212(d)(4)
(8 U.S.C. 1182(d)(4)). One circumstance in which this requirement may
be waived is when a nonimmigrant is unable to present a valid visa or
unexpired passport due to an unforeseen emergency. In accordance with
INA section 212(d)(4) (8 U.S.C. 1182(d)(4)), the Department of State
and the Department of Homeland Security have consulted and are acting
jointly to propose amendments to 8 CFR 212.1 and 22 CFR 41.2.
Former Regulations
The Department of State and the former Immigration and
Naturalization Service (INS) published parallel regulations in 1994 to
consolidate and simplify procedures for processing waivers of
documentary requirements in cases of emergency circumstances. INS
amended its regulation in 1996, preserving its authority to impose
fines on carriers for transporting nonimmigrants who did not present a
valid visa and passport, even in cases where the INS granted a waiver.
In 1999, the Department of State published a regulation to accompany
the INS amendment, also allowing the INS to fine carriers who
transported individuals who later received waivers of the visa and
passport requirement. In a 2009 decision, the U.S. Court of Appeals for
the Second Circuit found the 1999 State Department amendment invalid as
it lacked joint action and was not promulgated with a period for public
notice and comment. Accordingly, the Department of State and DHS have
consulted and are acting jointly to propose reinstating the amendments.
Because of the court's ruling, the 1994 rule is in effect until the
Department of State issues a final rule. The 1994 version of the text,
which is available to the public through the Government Printing
Office, stipulated that in cases of unforeseen emergencies, a visa and
passport are not required of an alien if, either prior to the alien's
embarkation abroad or upon arrival at a port of entry, the responsible
district director of the Immigration and Naturalization Service in
charge of the port of entry concludes that the alien is unable to
present the required documents because of an unforeseen emergency. The
1994 rule also stipulated that any waiver of the visa or passport
requirement may be granted by the INS district director pursuant to INA
212(d)(4)(A) without the prior concurrence of the Department of State
in each case in which the district director concludes that the alien's
claim of emergency circumstances is legitimate and bona fide and that
approval of the waiver would be appropriate under all of the attendant
facts and circumstances.
The Department of Homeland Security is proposing a parallel Notice
of Proposed Rulemaking to amend 8 CFR 212.1(g), published in today's
Federal Register.
Regulatory Findings
A. Administrative Procedure Act
The Department is publishing this notice of proposed rulemaking
with a 60-day period of notice and comment.
B. Regulatory Flexibility Act/Executive Order 13272: Small Business
The Department of State has reviewed this regulation and certifies
that this rule will not have a significant economic impact on a
substantial number of small entities.
C. The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law
104-4, 109 Stat. 48, 2 U.S.C. 1532,
[[Page 12051]]
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.
D. 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. 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.
E. Executive Order 12866
The Department of State does not assess or collect fines under INA
section 273. Neither this proposed Department of State rule, nor prior
versions of this regulation, address fines against carriers. However,
the November 20, 2009, opinion from the United States Circuit Court of
Appeals for the Second Circuit requires joint rulemaking by the
Department of State and DHS for the DHS rule to take effect. United
Airlines, Inc. v. Brien, 588 F.3d 158, 179 (2d Cir. 2009). For a full
economic analysis of the jointly proposed DHS rule, including
Regulatory Flexibility and Regulatory Impact Analyses, see the U.S.
Customs and Border Protection Notice of Proposed Rulemaking for 8 CFR
212.1(g), RIN 1651-AA97.
F. Executive Order 13563
The Department of State has considered this rule in light of
Executive Order 13563 and affirms that this regulation is consistent
with the guidance therein.
G. 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.
H. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of section 5 of Executive Order 13175 do
not apply to this rulemaking.
I. Paperwork Reduction Act
This rule does not impose or revise information collections subject
to 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, Passports and Visas,
Students
Accordingly, for the reasons set forth in the preamble, the State
Department proposes to amend 22 CFR part 41 as follows:
PART 41 VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION
AND NATIONALITY ACT, AS AMENDED
0
1. The authority citation for part 41 is revised to read as follows:
Authority: 22 U.S.C. 2651a; 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 41.2 is amended by revising paragraph (i) to read as
follows:
Sec. 41.2 Exemption or Waiver by Secretary of State and Secretary of
Homeland Security of passport and/or visa requirements for certain
categories of nonimmigrants.
* * * * *
(i) Individual cases of unforeseen emergencies. Except as provided
in paragraphs (a) through (h) and (j) through (l) of this section, all
nonimmigrants are required to present a valid, unexpired visa and
passport upon arrival in the United States. A nonimmigrant may apply
for a waiver of the visa and passport requirement if, either prior to
the nonimmigrant's embarkation abroad or upon arrival at a port of
entry, the officer in charge of the port of entry concludes that the
nonimmigrant is unable to present the required documents because of an
unforeseen emergency. The DHS district director may grant a waiver of
the visa or passport requirement pursuant to INA 212(d)(4)(A), without
the prior concurrence of the Department of State, if the DHS district
director concludes that the a nonimmigrant's claim of emergency
circumstances is legitimate and that approval of the waiver would be
appropriate under all of the attendant facts and circumstances.
* * * * *
Dated: February 24, 2016.
David T. Donahue,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2016-05136 Filed 3-7-16; 8:45 am]
BILLING CODE 4710-06-P
