Visas: Classification of Immediate Family Members as A, C-3, G, and NATO Nonimmigrants, 88101-88103 [2016-28518]
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
Section 808(b)(2) of the FD&C Act
requires FDA to develop model
accreditation standards that recognized
accreditation bodies shall use to qualify
third-party certification bodies for
accreditation, and in so doing, to look
to existing standards for certification
bodies (as of the date of enactment of
FSMA) to avoid unnecessary
duplication of efforts and costs. This
guidance constitutes the model
accreditation standards referred to in
section 808(b)(2) of the FD&C Act. The
guidance contains FDA
recommendations on third-party
certification body qualifications for
accreditation to conduct food safety
audits and to issue food and/or facility
certifications under an FDA program
required by FSMA.
FDA was guided in developing this
guidance, in part, by the National
Technology Transfer and Advancement
Act of 1995, which directs Federal
Agencies to use voluntary consensus
standards in lieu of government-unique
standards, except where inconsistent
with law or otherwise impractical.
In developing the guidance, FDA
considered several voluntary consensus
standards for their relevance to the
qualifications of third-party certification
bodies that would certify foreign food
facilities and/or their foods for
conformance with the requirements of
the FD&C Act. FDA also sought to
identify the standards most commonly
used by stakeholders (e.g., other
governments, public and private
accreditation bodies, the food industry,
and the international standards
community) in qualifying third-party
certification bodies for conducting food
safety audits. As a result, FDA was
guided in developing the model
accreditation standards guidance
document by International Organization
for Standardization (ISO)/International
Electrotechnical Commission (IEC) ISO/
IEC 17021: Conformity Assessment—
Requirements for bodies providing audit
and certification management systems
(2015) (ISO/IEC 17021:2015) and ISO/
IEC 17065: Conformity Assessment—
Requirements for bodies certifying
products, processes and services (2012)
(ISO/IEC 17065:2012).
We received several comments on the
draft guidance and have modified the
final guidance where appropriate. We
revised the guidance for clarity and
conformance with the final rule. We
also updated references to the ISO/IEC
standards. The guidance announced in
this notice finalizes the draft guidance
dated July 2015.
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II. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collection of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information
regarding ‘‘Accreditation of Third Party
Certification Bodies to Conduct Food
Safety Audits and Issue Certifications,’’
have been approved under OMB control
number 0910–0750.
III. Electronic Access
Persons with access to the Internet
may obtain the guidance at either https://
www.fda.gov/FoodGuidances or https://
www.regulations.gov. Use the FDA Web
site listed in the previous sentence to
find the most current version of the
guidance.
Dated: December 1, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–29278 Filed 12–6–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF STATE
22 CFR Part 41
RIN 1400–AD96
[Public Notice: 9638]
Visas: Classification of Immediate
Family Members as A, C–3, G, and
NATO Nonimmigrants
State Department.
Final rule.
AGENCY:
ACTION:
This rule amends the
definition of immediate family for
purposes of A, C–3, G, and NATO visa
classifications in two ways: It revises
the eligibility requirements for
unmarried adult sons and daughters age
21 or older for these visa classifications,
and clarifies for purposes of G–4 visa
classification that the international
organization employing the principal
alien must recognize an individual as
immediate family to be eligible for
derivative U.S. visa status. Furthermore,
this rule permits qualified immediate
family members of A–1, A–2, G–1, G–
2, G–3, and G–4 nonimmigrants to be
independently classified as NATO–1,
NATO–2, NATO–3, NATO–4, NATO–5,
and NATO–6.
DATES: This final rule is effective on
December 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Paul-Anthony L. Magadia, U.S.
Department of State, Office of
SUMMARY:
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88101
Legislation and Regulations, CA/VO/L/
R, 600 19th Street NW., SA–17, Room
12–526B, Washington, DC 20522, 202–
485–7641 or magadiapl@state.gov.
SUPPLEMENTARY INFORMATION: Prior to
this amendment, an unmarried adult
son or daughter who is not part of any
other household and resides regularly in
the household of the principal alien
must be classified in A or G visa
classifications, even if otherwise eligible
for another nonimmigrant classification
and regardless of age or the intention of
the sending government or international
organization. Yet for purposes of
privileges and immunities, the
Department of State accepts only
unmarried children under the age of 21,
or unmarried sons and daughters under
the age of 23 and in full-time attendance
as students at post-secondary
educational institutions, as dependents.
Similarly, under 8 CFR 214.2(a)(2) and
(g)(2) for employment authorization
purposes, Department of Homeland
Security (DHS) regulations generally
only consider unmarried children under
the age of 21, or unmarried sons and
daughters under the age of 23 and in
full-time attendance as students at postsecondary educational institutions, to be
dependents. (Under certain
circumstances, DHS, under its
regulations, may also recognize as
dependents sons and daughters up to
the age of 25 or of any age if physically
or mentally challenged.) In practice,
requiring A or G classification for sons
and daughters above these age limits
precludes them from obtaining a
nonimmigrant classification that would
enable them to accept employment in
the United States.
This rule narrows the definition of
immediate family in the A, C–3 (aliens
in transit under section 212(d)(8) of the
Immigration and Nationality Act, 8
U.S.C. 1182(d)(8)), G, and relevant
NATO nonimmigrant visa
classifications so that only unmarried
sons and daughters residing with the
principal who are under the age of 21,
or under the age of 23 and in full-time
attendance as students at postsecondary educational institutions, will
continue to be considered immediate
family. Any other unmarried son or
daughter residing with the principal
will only qualify if he or she meets the
same criteria the rule imposes on other
family members. In particular, he or she
must be recognized as an ‘‘immediate
family member’’ by the sending
government or international
organization for purposes of eligibility
for rights and benefits and also is
individually authorized by the
Department. An adult son or daughter
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
who is no longer recognized as an
immediate family member would have
to apply, and be eligible for, another
visa classification or seek a change of
status to another nonimmigrant status.
This rule also amends 22 CFR
41.21(a)(3)(iii)(C) to clarify that for
purposes of G–4 visa classification, the
employing international organization
must recognize individuals as
immediate family members, before they
may be treated as such for U.S. visa
purposes, similar to the requirement
that a sending government must
recognize an individual as immediate
family.
Finally, prior to this amendment, 22
CFR 41.22(b) and 41.24(b) required that
an alien entitled to classification as an
A–1, A–2, or G–1 through G–4
nonimmigrant must be classified as
such, even those who would otherwise
be eligible for another nonimmigrant
classification. This rule allows
immediate family members of A–1s, A–
2s, and G–1s through G–4s to be instead
independently classified as a principal
in NATO–1 through NATO–6 visa
classifications, but not other
nonimmigrant classifications.
Regulatory Findings
Administrative Procedure Act
The Department of State is of the
opinion that regulating visa categories
involves a foreign affairs function of the
United States Government and that
rules implementing this function are
exempt from sections 553 (rulemaking)
and 554 (adjudications) of the
Administrative Procedure Act. Since the
Department is of the opinion that this
rule is exempt from 5 U.S.C. 553, it is
the view of the Department that the
provisions of Section 553(d) do not
apply. Therefore, this rule is effective
upon publication.
asabaliauskas on DSK3SPTVN1PROD with RULES
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
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
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16:02 Dec 06, 2016
Jkt 241001
result in an annual expenditure of $100
million or more by State, local, or tribal
governments, or by the private sector.
This rule does not require the
Department to prepare a statement
because it will not result in any such
expenditure, nor will it significantly or
uniquely affect small governments. This
rule involves visas, which involves
individuals, and does not affect, state,
local, or tribal governments, or
businesses.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined in 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. This
rule involves visas, which involves
individuals, and does not affect, state,
local, or tribal governments, or
businesses.
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the rule
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—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.
Paperwork Reduction Act
This rule does not impose or revise
any reporting or recordkeeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
Aliens, Immigration, Nonimmigrant
visas.
For the reasons stated in the
preamble, 22 CFR part 41 is amended as
follows:
Executive Orders 12866 and 13563
PART 41—[AMENDED]
Executive Orders 13563 and 12866
direct agencies to assess costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
These Executive Orders stress the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Department has
examined this rule in light of Executive
Order 13563, and has determined that
the rulemaking is consistent with the
guidance therein.
■
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
12372 and 13132.
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1. The authority citation for part 41
continues 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 41.21 is amended by
revising paragraph (a)(3) to read as
follows:
■
§ 41.21
Foreign Officials—General.
(a) * * *
(3) Immediate family, as used in INA
101(a)(15)(A), 101(a)(15)(G), and
212(d)(8), and in classification under
the NATO visa symbols, means:
(i) The spouse who resides regularly
in the household of the principal alien
and is not a member of some other
household;
(ii) Unmarried sons and daughters,
whether by blood or adoption, who
reside regularly in the household of the
principal alien and who are not
members of some other household, and
provided that such unmarried sons and
daughters are:
(A) Under the age of 21, or
(B) Under the age of 23 and in fulltime attendance as students at postsecondary educational institutions; and
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
(iii) Other individuals who:
(A) Reside regularly in the household
of the principal alien;
(B) Are not members of some other
household;
(C) Are recognized as dependents of
the principal alien by the sending
government or international
organization, as demonstrated by
eligibility for rights and benefits, such
as the issuance of a diplomatic or
official passport, or travel or other
allowances; and
(D) Are individually authorized by the
Department.
*
*
*
*
*
3. Section 41.22 is amended by
revising paragraph (b) to read as follows:
■
§ 41.22
Officials of foreign governments.
*
*
*
*
*
(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 is 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), (iv) or
in NATO–1 through NATO–6
classification.
*
*
*
*
*
4. Section 41.24 is amended by
revising paragraph (b)(4) to read as
follows:
■
§ 41.24
International organization aliens.
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(4) An alien not classifiable under
INA section 101(a)(15)(A) or in NATO–
1 through NATO–6 classification but
entitled to classification under INA
section 101(a)(15)(G) shall be classified
under section 101(a)(15)(G), 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, 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
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G, even if also eligible for another
nonimmigrant classification.
*
*
*
*
*
Michele Thoren Bond,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2016–28518 Filed 12–6–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9800]
RIN 1545–BM75
Covered Asset Acquisitions
Internal Revenue Service (IRS),
Treasury.
ACTION: Temporary regulations.
AGENCY:
This document contains
temporary Income Tax Regulations
under section 901(m) of the Internal
Revenue Code (Code) with respect to
transactions that generally are treated as
asset acquisitions for U.S. income tax
purposes and either are treated as stock
acquisitions or are disregarded for
foreign income tax purposes. These
regulations are necessary to provide
guidance on applying section 901(m).
The text of the temporary regulations
also serves in part as the text of the
proposed regulations under section
901(m) (REG–129128–14) published in
the Proposed Rules section of this issue
of the Federal Register.
DATES: Effective date: These regulations
are effective on December 7, 2016.
Applicability dates: For dates of
applicability, see §§ 1.901(m)–1T(b),
1.901(m)–2T(f), 1.901(m)–4T(g),
1.901(m)–5T(i), and 1.901(m)–6T(d).
FOR FURTHER INFORMATION CONTACT:
Jeffrey L. Parry, (202) 317–6936 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
I. Section 901(m)
Section 212 of the Education Jobs and
Medicaid Assistance Act (EJMAA),
enacted on August 10, 2010 (Public Law
111–226), added section 901(m) to the
Code. Section 901(m)(1) provides that,
in the case of a covered asset acquisition
(CAA), the disqualified portion of any
foreign income tax determined with
respect to the income or gain
attributable to relevant foreign assets
(RFAs) will not be taken into account in
determining the foreign tax credit
PO 00000
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Fmt 4700
Sfmt 4700
88103
allowed under section 901(a), and in the
case of foreign income tax paid by a
section 902 corporation (as defined in
section 909(d)(5)), will not be taken into
account for purposes of section 902 or
960. Instead, the disqualified portion of
any foreign income tax (the disqualified
tax amount) is permitted as a deduction.
See section 901(m)(6).
Under section 901(m)(2), a CAA is (i)
a qualified stock purchase (as defined in
section 338(d)(3)) to which section
338(a) applies; (ii) any transaction that
is treated as an acquisition of assets for
U.S. income tax purposes and as the
acquisition of stock of a corporation (or
is disregarded) for purposes of a foreign
income tax; (iii) any acquisition of an
interest in a partnership that has an
election in effect under section 754; and
(iv) to the extent provided by the
Secretary, any other similar transaction.
Section 901(m)(3)(A) provides that the
term ‘‘disqualified portion’’ means, with
respect to any CAA, for any taxable
year, the ratio (expressed as a
percentage) of (i) the aggregate basis
differences (but not below zero)
allocable to such taxable year with
respect to all RFAs; divided by (ii) the
income on which the foreign income tax
referenced in section 901(m)(1) is
determined. If the taxpayer fails to
substantiate the income on which the
foreign income tax is determined to the
satisfaction of the Secretary, such
income will be determined by dividing
the amount of such foreign income tax
by the highest marginal tax rate
applicable to the taxpayer’s income in
the relevant jurisdiction.
Section 901(m)(3)(B)(i) provides the
general rule that the basis difference
with respect to any RFA will be
allocated to taxable years using the
applicable cost recovery method for U.S.
income tax purposes. Section
901(m)(3)(B)(ii) provides that, except as
otherwise provided by the Secretary, if
there is a disposition of an RFA, the
basis difference allocated to the taxable
year of the disposition will be the excess
of the basis difference of such asset over
the aggregate basis difference of such
asset that has been allocated to all prior
taxable years. The statute further
provides that no basis difference with
respect to such asset will be allocated to
any taxable year thereafter.
Section 901(m)(3)(C)(i) provides that
basis difference means, with respect to
any RFA, the excess of (i) the adjusted
basis of such asset immediately after the
CAA, over (ii) the adjusted basis of such
asset immediately before the CAA. If the
adjusted basis of an RFA immediately
before the CAA exceeds the adjusted
basis of the RFA immediately after the
CAA (that is, where the adjusted basis
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]]>Agencies
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88101-88103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28518]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
RIN 1400-AD96
[Public Notice: 9638]
Visas: Classification of Immediate Family Members as A, C-3, G,
and NATO Nonimmigrants
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the definition of immediate family for
purposes of A, C-3, G, and NATO visa classifications in two ways: It
revises the eligibility requirements for unmarried adult sons and
daughters age 21 or older for these visa classifications, and clarifies
for purposes of G-4 visa classification that the international
organization employing the principal alien must recognize an individual
as immediate family to be eligible for derivative U.S. visa status.
Furthermore, this rule permits qualified immediate family members of A-
1, A-2, G-1, G-2, G-3, and G-4 nonimmigrants to be independently
classified as NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6.
DATES: This final rule is effective on December 7, 2016.
FOR FURTHER INFORMATION CONTACT: Paul-Anthony L. Magadia, U.S.
Department of State, Office of Legislation and Regulations, CA/VO/L/R,
600 19th Street NW., SA-17, Room 12-526B, Washington, DC 20522, 202-
485-7641 or magadiapl@state.gov.
SUPPLEMENTARY INFORMATION: Prior to this amendment, an unmarried adult
son or daughter who is not part of any other household and resides
regularly in the household of the principal alien must be classified in
A or G visa classifications, even if otherwise eligible for another
nonimmigrant classification and regardless of age or the intention of
the sending government or international organization. Yet for purposes
of privileges and immunities, the Department of State accepts only
unmarried children under the age of 21, or unmarried sons and daughters
under the age of 23 and in full-time attendance as students at post-
secondary educational institutions, as dependents. Similarly, under 8
CFR 214.2(a)(2) and (g)(2) for employment authorization purposes,
Department of Homeland Security (DHS) regulations generally only
consider unmarried children under the age of 21, or unmarried sons and
daughters under the age of 23 and in full-time attendance as students
at post-secondary educational institutions, to be dependents. (Under
certain circumstances, DHS, under its regulations, may also recognize
as dependents sons and daughters up to the age of 25 or of any age if
physically or mentally challenged.) In practice, requiring A or G
classification for sons and daughters above these age limits precludes
them from obtaining a nonimmigrant classification that would enable
them to accept employment in the United States.
This rule narrows the definition of immediate family in the A, C-3
(aliens in transit under section 212(d)(8) of the Immigration and
Nationality Act, 8 U.S.C. 1182(d)(8)), G, and relevant NATO
nonimmigrant visa classifications so that only unmarried sons and
daughters residing with the principal who are under the age of 21, or
under the age of 23 and in full-time attendance as students at post-
secondary educational institutions, will continue to be considered
immediate family. Any other unmarried son or daughter residing with the
principal will only qualify if he or she meets the same criteria the
rule imposes on other family members. In particular, he or she must be
recognized as an ``immediate family member'' by the sending government
or international organization for purposes of eligibility for rights
and benefits and also is individually authorized by the Department. An
adult son or daughter
[[Page 88102]]
who is no longer recognized as an immediate family member would have to
apply, and be eligible for, another visa classification or seek a
change of status to another nonimmigrant status. This rule also amends
22 CFR 41.21(a)(3)(iii)(C) to clarify that for purposes of G-4 visa
classification, the employing international organization must recognize
individuals as immediate family members, before they may be treated as
such for U.S. visa purposes, similar to the requirement that a sending
government must recognize an individual as immediate family.
Finally, prior to this amendment, 22 CFR 41.22(b) and 41.24(b)
required that an alien entitled to classification as an A-1, A-2, or G-
1 through G-4 nonimmigrant must be classified as such, even those who
would otherwise be eligible for another nonimmigrant classification.
This rule allows immediate family members of A-1s, A-2s, and G-1s
through G-4s to be instead independently classified as a principal in
NATO-1 through NATO-6 visa classifications, but not other nonimmigrant
classifications.
Regulatory Findings
Administrative Procedure Act
The Department of State is of the opinion that regulating visa
categories involves a foreign affairs function of the United States
Government and that rules implementing this function are exempt from
sections 553 (rulemaking) and 554 (adjudications) of the Administrative
Procedure Act. Since the Department is of the opinion that this rule is
exempt from 5 U.S.C. 553, it is the view of the Department that the
provisions of Section 553(d) do not apply. Therefore, this rule is
effective upon publication.
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
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 does
not require the Department to prepare a statement because it will not
result in any such expenditure, nor will it significantly or uniquely
affect small governments. This rule involves visas, which involves
individuals, and does not affect, state, local, or tribal governments,
or businesses.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined in 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. This rule involves visas, which
involves individuals, and does not affect, state, local, or tribal
governments, or businesses.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866 direct agencies to assess costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributed impacts, and equity). These Executive Orders
stress the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility. The
Department has examined this rule in light of Executive Order 13563,
and has determined that the rulemaking is consistent with the guidance
therein.
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 12372 and
13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the rule 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--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.
Paperwork Reduction Act
This rule does not impose or revise any reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 41
Aliens, Immigration, Nonimmigrant visas.
For the reasons stated in the preamble, 22 CFR part 41 is amended
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; 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 41.21 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 41.21 Foreign Officials--General.
(a) * * *
(3) Immediate family, as used in INA 101(a)(15)(A), 101(a)(15)(G),
and 212(d)(8), and in classification under the NATO visa symbols,
means:
(i) The spouse who resides regularly in the household of the
principal alien and is not a member of some other household;
(ii) Unmarried sons and daughters, whether by blood or adoption,
who reside regularly in the household of the principal alien and who
are not members of some other household, and provided that such
unmarried sons and daughters are:
(A) Under the age of 21, or
(B) Under the age of 23 and in full-time attendance as students at
post-secondary educational institutions; and
[[Page 88103]]
(iii) Other individuals who:
(A) Reside regularly in the household of the principal alien;
(B) Are not members of some other household;
(C) Are recognized as dependents of the principal alien by the
sending government or international organization, as demonstrated by
eligibility for rights and benefits, such as the issuance of a
diplomatic or official passport, or travel or other allowances; and
(D) Are individually authorized by the Department.
* * * * *
0
3. Section 41.22 is amended by revising paragraph (b) to read as
follows:
Sec. 41.22 Officials of foreign governments.
* * * * *
(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 is 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), (iv) or in NATO-1 through NATO-6
classification.
* * * * *
0
4. Section 41.24 is amended by revising paragraph (b)(4) to read as
follows:
Sec. 41.24 International organization aliens.
* * * * *
(b) * * *
(4) An alien not classifiable under INA section 101(a)(15)(A) or in
NATO-1 through NATO-6 classification but entitled to classification
under INA section 101(a)(15)(G) shall be classified under section
101(a)(15)(G), 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, 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.
* * * * *
Michele Thoren Bond,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2016-28518 Filed 12-6-16; 8:45 am]
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