Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 41883-41885 [2017-18750]

Download as PDF Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41883 TABLE 6 TO PARAGRAPH (j)(2) OF THIS AD—REPETITIVE INSPECTION INTERVALS FOR MODEL C–295 AIRPLANES— Continued Elevator hinge fitting (part number) C–295 Model/version Manufacturer’s serial No. (MSN) C–295M/CH01 ....................... MSN031 through MSN999 inclusive. 95–31193–0503 95–31193–0504 C–295M/CH02, OM03 ........... MSN031 through MSN999 inclusive. 95–31193–0503 95–31193–0504 C–295MW .............................. MSN031 through MSN999 inclusive. 95–31193–0503 95–31193–0504 (k) Corrective Action for Discrepancies Found During Eddy Current Inspection If, during any inspection required by paragraph (i)(1), (i)(2), (j)(1), or (j)(2) of this AD, any crack is detected, as defined in Airbus Defense and Space S.A. AOT AOT– CN235–55–0003, dated December 22, 2015; or AOT AOT–C295–55–0003, dated December 22, 2015; as applicable: Before further flight, accomplish applicable corrective actions in accordance with the instructions of Airbus Defense and Space S.A. AOT AOT–CN235–55–0003, dated December 22, 2015; or AOT AOT–C295–55– 0003, dated December 22, 2015; as applicable. Where Airbus Defense and Space S.A. AOT AOT–CN235–55–0003, dated December 22, 2015; or AOT AOT–C295–55– 0003, dated December 22, 2015; specifies to contact Airbus Defense and Space S.A. for corrective actions, before further flight, accomplish corrective actions in accordance with the procedures specified in paragraph (n)(2) of this AD. (l) Provision Regarding Terminating Action Accomplishing corrective actions, as required by paragraph (k) of this AD, does not constitute terminating action for the repetitive inspections required by paragraphs (i)(2) and (j)(2) of this AD, unless explicitly stated in the approved method of compliance for the corrective action. mstockstill on DSK30JT082PROD with RULES (m) Credit for Previous Actions This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Defense and Space S.A. AOT AOT–CN235– 55–0001, Revision 1, dated March 6, 2015; or AOT AOT–C295–55–0001, Revision 1, dated May 29, 2014. (n) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. Before using any approved AMOC, notify your appropriate VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 Compliance time for repetitive eddy current inspections Before exceeding 1,000 flight cycles since the most recent inspection; or before exceeding 1,200 flight hours since the most recent inspection; whichever occurs first. Before exceeding 1,000 flight cycles since the most recent inspection; or before exceeding 1,500 flight hours since the most recent inspection; whichever occurs first. Before exceeding 1,000 flight cycles since the most recent inspection; or before exceeding 1,400 flight hours since the most recent inspection; whichever occurs first. principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus Defense and Space S.A.’s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (o) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016–0075, dated April 19, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016–9521. (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone: 425–227–1112; fax: 425–227–1149. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(3) and (p)(4) of this AD. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus Defense and Space S.A. Alert Operators Transmission (AOT) AOT–CN235– 55–0001, Revision 2, dated March 10, 2015. (ii) Airbus Defense and Space S.A. AOT AOT–CN235–55–0003, dated December 22, 2015. (iii) Airbus Defense and Space S.A. AOT AOT–C295–55–0001, Revision 2, dated April 9, 2015. (iv) Airbus Defense and Space S.A. AOT AOT–C295–55–0003, dated December 22, 2015. (3) For service information identified in this AD, contact Airbus Defense and Space, Services/Engineering Support, Avenida de PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 ´ Aragon 404, 28022 Madrid, Spain; fax +34 91 585 31 27; email MTA.TechnicalService@ airbus.com. (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on August 22, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017–18396 Filed 9–1–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice 9580] RIN 1400–AD30 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended Department of State. Final rule. AGENCY: ACTION: This final rule clarifies procedures for waiver of documentary requirements due to an unforeseen emergency for nonimmigrants seeking admission to the United States. DATES: This rule is effective on October 5, 2017. FOR FURTHER INFORMATION CONTACT: Megan B. Herndon, 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) 485–7440. SUMMARY: E:\FR\FM\05SER1.SGM 05SER1 41884 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations SUPPLEMENTARY INFORMATION: mstockstill on DSK30JT082PROD with RULES Background This rulemaking finalizes procedures in 22 CFR 41.2, regarding waiver of documentary requirements, due to an unforeseen emergency, for nonimmigrants seeking admission to the United States. The notice of proposed rulemaking (NPRM) was published on March 8, 2016, with a 60-day public comment period. 81 FR 12050. Responses to the comments are summarized below. This rulemaking substantially reinstates a 1999 Department of State regulatory amendment that was invalidated by court order in United Airlines, Inc. v. Brien, 588 F.3d 158 (2d Cir. 2009). Additional background is contained in the Department of State NPRM. 81 FR at 12050. Further background is in the parallel NPRM from the Department of Homeland Security (DHS). 81 FR 12032. The Department is acting jointly with DHS in issuing these final rules. Public Comments The Department of State received six public comments on this rule. One was supportive. Three were criticisms of U.S. immigration policy, and thus outside the scope of this rulemaking. One commenter requested that the Department provide a ‘‘detailed comparison of the rule that was rejected by the Court of Appeals.’’ The 1994 rule that was reinstated by the Court of Appeals provided that a visa and passport are not required if, prior to the alien’s embarkation abroad or upon arrival at a port of entry, the INS concludes that the alien is unable to present the required documents because of an unforeseen emergency. The 1999 rule removed that text and provided that, except in cases cited in other subsections of § 41.2, all nonimmigrants are required to present a valid, unexpired visa and passport upon arrival in the United States. The 1999 rule allowed aliens to apply for a waiver of these requirements (i.e., the requirements were waived, but not removed) if, prior to embarkation or upon arrival at a port of entry, the INS determined they were unable to present the required documents because of an unforeseen emergency. The former (1994) rule did not adequately implement section 273 of the Immigration and Nationality Act (INA), 8 U.S.C. 1323, which authorized the legacy INS to fine carriers that transported nonimmigrants without the appropriate documentation. The 1999 rule corrected this, and provided support for DHS to impose fines. This VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 rule substantially reinstates the 1999 rule, which was invalidaded by the Court of Appeals only on procedural grounds relating to the way the 1994 rule was amended. The commenter also requested an explanation of the term, ‘‘officer in charge of the port of entry.’’ The term ‘‘officer in charge of the port of entry’’ refers to a U.S. Customs and Border Protection (CBP) district director. Individuals seeking admission into the United States are inspected at ports of entry by CBP officers who determine their admissibility. The CBP officer is responsible for reviewing travel documents, visas, and other credentials. The rule has been amended to refer to the CBP district director instead of the officer in charge or the DHS district director. Another commenter stated that it was unclear why this rule punishes carriers for transporting individuals without proper documentation, some of whom will be admitted legally into the United States. This rule is an implementation of section 273 of the INA, 8 U.S.C. 1323, which provides for penalties against carriers that transport an individual without proper documentation. Under the statute, a penalty may be remitted or refunded if the Secretary of Homeland Security is satisfied that, prior to the departure of the vessel or aircraft from the last port outside the United States, the carrier did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a valid passport or visa was required. See 8 U.S.C. 1323(c). Accordingly, the eventual admission of the individual to the United States does not preclude the imposition of the fine. Summary After consideration of the public comments, the Department of State is clarifying the title of the responsible CBP official but otherwise adopts the proposed rule as final. DHS is finalizing its parallel rule in today’s Federal Register. Regulatory Findings A. Administrative Procedure Act (APA) The Department of State published this rule as an NPRM on March 8, 2016, and provided 60 days for public comment. 81 FR 12050. The rule will be effective 30 days after publication, in accordance with the APA. B. Regulatory Flexibility Act/Executive Order 13272: Small Business The Department of State has reviewed this rulemaking and certifies that this PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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, 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 Orders 12866 and 13771 The Department of State does not assess or collect fines under INA section 273. Neither this 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, see the parallel DHS final rule for 8 CFR 212.1(g), RIN 1651–AA97, published in this issue of the Federal Register. The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs.’’ See OMB Memorandum M–17–21, ‘‘Guidance Implementing Executive Order 13771’’ of April 5, 2017. F. Executive Order 13563 The Department of State has considered this rule in light of Executive Order 13563 and affirms that E:\FR\FM\05SER1.SGM 05SER1 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 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 12372 and 13132. H. Executive Order 13175— Consultation and Coordination With Indian Tribal Governments 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 pre-empt tribal law. Accordingly, the requirements of section 5 of Executive Order 13175 do not apply to this rulemaking. 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 Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) district director concludes that the nonimmigrant is unable to present the required documents because of an unforeseen emergency. The CBP 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 CBP district director concludes that the 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. * * * * * Carl C. Risch, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2017–18750 Filed 9–1–17; 8:45 am] DEPARTMENT OF THE TREASURY List of Subjects in 22 CFR Part 41 26 CFR Part 1 Aliens, Foreign officials, Immigration, Passports and visas, Students. Accordingly, for the reasons set forth in the preamble, 22 CFR part 41 is amended as follows: [TD 9814] 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; 8 U.S.C. 1323; 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. mstockstill on DSK30JT082PROD with RULES Ronald M. Gootzeit, (202) 317–6937 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The temporary regulations that are the subject of this correction are under section 721(c) of the Code. Need for Correction As published, the temporary regulations contain errors that may prove to be misleading and need to be clarified. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: ■ This rule does not impose or revise information collections subject to the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35. * * * * * (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 16:52 Sep 01, 2017 FOR FURTHER INFORMATION CONTACT: BILLING CODE 4710–06–P I. Paperwork Reduction Act VerDate Sep<11>2014 41885 Jkt 241001 Authority: 26 U.S.C. 7805 * * * Internal Revenue Service Par. 2. Section 1.721(c)–1T is amended by revising paragraph (b)(10)(vi) to read as follows: ■ RIN 1545–BM95 § 1.721(c)–1T Overview, definitions, and rules of general application (temporary). Transfers of Certain Property by U.S. Persons to Partnerships With Related Foreign Partners; Correction * Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regulations; correcting amendment. AGENCY: This document contains corrections to the temporary regulations (T.D. 9814) that were published in the Federal Register on Thursday, January 19, 2017 (82 FR 7582). The regulations address transfers of appreciated property by United States persons to partnerships with foreign partners related to the transferor. The regulations override the rules providing for nonrecognition of gain on a contribution of property to a partnership in exchange for an interest in the partnership under section 721(a) of the Internal Revenue Code (Code) pursuant to section 721(c) unless the partnership adopts the remedial method and certain other requirements are satisfied. DATES: These corrections are effective on September 5, 2017 and applicable on January 18, 2017. SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 9990 * * * * (b) * * * (10) * * * (vi) An allocation of partnership level ordinary income or loss described in § 1.751–1(b)(3). * * * * * Par. 3. Section 1.721(c)–6T is amended by revising the last sentence of paragraph (d)(2) to read as follows: ■ § 1.721(c)–6T Procedural and reporting requirements (temporary). * * * * * (d) * * * (2) * * * The partnership must also attach to its Form 1065 a Schedule K– 1 (Form 1065) for each direct or indirect partner that is a related foreign person with respect to the U.S. transferor. * * * * * Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, Procedure and Administration. [FR Doc. 2017–18691 Filed 9–1–17; 8:45 am] BILLING CODE 4830–01–P E:\FR\FM\05SER1.SGM 05SER1

Agencies

[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41883-41885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18750]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 9580]
RIN 1400-AD30


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended

AGENCY: Department of State.

ACTION: Final rule.

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

SUMMARY: This final rule clarifies procedures for waiver of documentary 
requirements due to an unforeseen emergency for nonimmigrants seeking 
admission to the United States.

DATES: This rule is effective on October 5, 2017.

FOR FURTHER INFORMATION CONTACT: Megan B. Herndon, 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) 485-7440.

[[Page 41884]]


SUPPLEMENTARY INFORMATION: 

Background

    This rulemaking finalizes procedures in 22 CFR 41.2, regarding 
waiver of documentary requirements, due to an unforeseen emergency, for 
nonimmigrants seeking admission to the United States. The notice of 
proposed rulemaking (NPRM) was published on March 8, 2016, with a 60-
day public comment period. 81 FR 12050. Responses to the comments are 
summarized below.
    This rulemaking substantially reinstates a 1999 Department of State 
regulatory amendment that was invalidated by court order in United 
Airlines, Inc. v. Brien, 588 F.3d 158 (2d Cir. 2009). Additional 
background is contained in the Department of State NPRM. 81 FR at 
12050. Further background is in the parallel NPRM from the Department 
of Homeland Security (DHS). 81 FR 12032. The Department is acting 
jointly with DHS in issuing these final rules.

Public Comments

    The Department of State received six public comments on this rule. 
One was supportive. Three were criticisms of U.S. immigration policy, 
and thus outside the scope of this rulemaking.
    One commenter requested that the Department provide a ``detailed 
comparison of the rule that was rejected by the Court of Appeals.'' The 
1994 rule that was reinstated by the Court of Appeals provided that a 
visa and passport are not required if, prior to the alien's embarkation 
abroad or upon arrival at a port of entry, the INS concludes that the 
alien is unable to present the required documents because of an 
unforeseen emergency. The 1999 rule removed that text and provided 
that, except in cases cited in other subsections of Sec.  41.2, all 
nonimmigrants are required to present a valid, unexpired visa and 
passport upon arrival in the United States. The 1999 rule allowed 
aliens to apply for a waiver of these requirements (i.e., the 
requirements were waived, but not removed) if, prior to embarkation or 
upon arrival at a port of entry, the INS determined they were unable to 
present the required documents because of an unforeseen emergency. The 
former (1994) rule did not adequately implement section 273 of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1323, which authorized 
the legacy INS to fine carriers that transported nonimmigrants without 
the appropriate documentation. The 1999 rule corrected this, and 
provided support for DHS to impose fines. This rule substantially 
reinstates the 1999 rule, which was invalidaded by the Court of Appeals 
only on procedural grounds relating to the way the 1994 rule was 
amended.
    The commenter also requested an explanation of the term, ``officer 
in charge of the port of entry.'' The term ``officer in charge of the 
port of entry'' refers to a U.S. Customs and Border Protection (CBP) 
district director. Individuals seeking admission into the United States 
are inspected at ports of entry by CBP officers who determine their 
admissibility. The CBP officer is responsible for reviewing travel 
documents, visas, and other credentials. The rule has been amended to 
refer to the CBP district director instead of the officer in charge or 
the DHS district director.
    Another commenter stated that it was unclear why this rule punishes 
carriers for transporting individuals without proper documentation, 
some of whom will be admitted legally into the United States. This rule 
is an implementation of section 273 of the INA, 8 U.S.C. 1323, which 
provides for penalties against carriers that transport an individual 
without proper documentation. Under the statute, a penalty may be 
remitted or refunded if the Secretary of Homeland Security is satisfied 
that, prior to the departure of the vessel or aircraft from the last 
port outside the United States, the carrier did not know, and could not 
have ascertained by the exercise of reasonable diligence, that the 
individual transported was an alien and that a valid passport or visa 
was required. See 8 U.S.C. 1323(c). Accordingly, the eventual admission 
of the individual to the United States does not preclude the imposition 
of the fine.

Summary

    After consideration of the public comments, the Department of State 
is clarifying the title of the responsible CBP official but otherwise 
adopts the proposed rule as final. DHS is finalizing its parallel rule 
in today's Federal Register.

Regulatory Findings

A. Administrative Procedure Act (APA)

    The Department of State published this rule as an NPRM on March 8, 
2016, and provided 60 days for public comment. 81 FR 12050. The rule 
will be effective 30 days after publication, in accordance with the 
APA.

B. Regulatory Flexibility Act/Executive Order 13272: Small Business

    The Department of State has reviewed this rulemaking 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, 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 Orders 12866 and 13771

    The Department of State does not assess or collect fines under INA 
section 273. Neither this 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, see the parallel DHS 
final rule for 8 CFR 212.1(g), RIN 1651-AA97, published in this issue 
of the Federal Register. The Office of Management and Budget (OMB) has 
not designated this rule a significant regulatory action under section 
3(f) of Executive Order 12866. As this rule is not a significant 
regulatory action, this rule is exempt from the requirements of 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs.'' See OMB Memorandum M-17-21, ``Guidance Implementing Executive 
Order 13771'' of April 5, 2017.

F. Executive Order 13563

    The Department of State has considered this rule in light of 
Executive Order 13563 and affirms that

[[Page 41885]]

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 12372 and 
13132.

H. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    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 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, 22 CFR part 
41 is amended 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; 8 U.S.C. 1323; 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 Department of Homeland Security (DHS), U.S. Customs and 
Border Protection (CBP) district director concludes that the 
nonimmigrant is unable to present the required documents because of an 
unforeseen emergency. The CBP 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 CBP district 
director concludes that the 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.
* * * * *

Carl C. Risch,
 Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2017-18750 Filed 9-1-17; 8:45 am]
 BILLING CODE 4710-06-P