Visas: Procedures for Issuing Visas, 13694-13696 [2023-04405]

Download as PDF 13694 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations otherwise required for scheduling actions in 21 U.S.C. 811(a) and (b). In accordance with 21 U.S.C. 811(d)(1), scheduling actions for drugs that are required to be controlled by the United States’ obligations under international treaties, conventions, or protocols in effect on October 27, 1970 shall be issued by order (as opposed to scheduling by rule pursuant to 21 U.S.C. 811(a)). Therefore, DEA believes that the notice and comment requirements of section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553, do not apply to this scheduling action. Unfunded Mandates Reform Act of 1995 List of Subjects in 21 CFR Part 1308 In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C. 1501 et seq., DEA has determined and certifies that this action would not result in any Federal mandate that may result ‘‘in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year * * *.’’ Therefore, neither a Small Government Agency Plan nor any other action is required under UMRA of 1995. Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements. For the reasons set out above, DEA amends 21 CFR part 1308 as follows: Regulatory Flexibility Act Congressional Review Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612) applies to rules that are subject to notice and comment under section 553(b) of the APA or any other law. As explained above, the CSA exempts this final order from notice and comment. Consequently, the RFA does not apply to this action. This order is not a major rule as defined by the Congressional Review Act (CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is submitting a copy of this final rule to both Houses of Congress and to the Comptroller General. PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: ■ Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 2. In § 1308.11: a. Redesignate paragraphs (b)(22) through (93) as paragraphs (b)(23) through (94), respectively; ■ b. Add new paragraph (b)(22); and ■ c. Remove and reserve paragraph (h)(49). The addition reads as follows: ■ ■ § 1308.11 * Schedule I. * * (b) * * * * * (22) brorphine (1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one) ............................................. * * * * * ACTION: Signing Authority Scott Brinks, Federal Register Liaison Officer, Drug Enforcement Administration. [FR Doc. 2023–04364 Filed 3–3–23; 8:45 am] BILLING CODE 4410–09–P lotter on DSK11XQN23PROD with RULES1 DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice 11813] RIN 1400–AE81 Visas: Procedures for Issuing Visas Department of State. VerDate Sep<11>2014 16:15 Mar 03, 2023 The Department of State is updating its regulation regarding visa applicants’ furnishing of signed photographs as required under Section 221(b) of the Immigration and Nationality Act. These updates reflect changes in technology, including the ability to upload digital photographs electronically as part of the online visa application process. DATES: This final rule is effective on April 5, 2023. FOR FURTHER INFORMATION CONTACT: Andrea Lage, Acting Regulatory Coordinator, Visa Services, Department of State, 600 19th St. NW, Washington, DC 20006, (202) 485–7586. SUPPLEMENTARY INFORMATION: SUMMARY: This document of the Drug Enforcement Administration was signed on February 27, 2023, by Administrator Anne Milgram. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. AGENCY: Final rule. Jkt 259001 What changes is the Department making? This rule clarifies that immigrant and nonimmigrant visa applicants may upload digital photographs electronically as part of the online visa application process in lieu of submitting ink-signed photographs. The electronic signature on the DS–160, Online Nonimmigrant Visa Application, or the biometric signature for the DS–260, Online Application for Immigrant Visa and Alien Registration, pursuant to 22 CFR 41.103(a) or 42.67(a)(3) respectively, shall be considered as signing the digital photograph and any PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 9098 paper photographs that may be otherwise submitted. Additionally, this rule amends the language concerning the nonimmigrant photograph to clarify that the submitted photograph must meet the specifications prescribed by the Department and deletes language allowing immigrant visa applicants to submit black and white photographs. Why is the Department promulgating this rule? Section 221(b) of the Immigration and Nationality Act, 8 U.S.C. 1201(b), states that ‘‘[e]ach alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required.’’ 22 CFR 41.103(a)(1) requires every noncitizen seeking a nonimmigrant visa to make an electronic application on Form DS–160, the Online Nonimmigrant Visa Application, or, as directed by a consular officer, an application on Form DS–156, Nonimmigrant Visa Application. Applicants must sign the Form DS–160 electronically by clicking the box designated ‘‘Sign Application’’ in the certification section of the application. The Form DS–160 is the electronic version of the nonimmigrant visa application, while the Form DS– 156 is the paper-based nonimmigrant visa application and can only be used in limited circumstances. E:\FR\FM\06MRR1.SGM 06MRR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations Generally, immigrant visa applicants must make an electronic application on Form DS–260, the Online Application for Immigrant Visa and Alien Registration, or, as directed by the consular officer, an application on Form DS–230, Application for Immigrant Visa or Alien Registration. Applicants must sign the Form DS–260 electronically by clicking the box designated ‘‘Sign Application’’ in the certification section of the application. Additionally, an immigrant visa applicant submitting a Form DS–260 is required at the time of the interview to swear to or affirm the application and biometrically sign the application. The purpose of this rule is to remove an outdated sentence from 22 CFR 41.105(a)(3), which requires nonimmigrant visa applicants to ‘‘sign (full name) on the reverse side of the photographs’’ and to clarify that electronic and/or biometric signature of the appropriate visa application is deemed the signature on all submitted photographs, either digitally or on paper. In the late 1990s, the Department began the modernization of its visa adjudication and issuance systems and procedures. Part of that initiative involved digitizing the photograph collection process. During this time, the consular officers began to scan the paper photographs provided by nonimmigrant visa applicants and return the photographs to the applicant, using the scanned copy for all adjudication and recordkeeping purposes. In 2010, the Department announced that it would be transitioning from a paper-based application process to an electronic/ online application process. As a part of this transition, the Department also transitioned to a combination of electronic signature (‘‘click and submit’’ signature) and biometric signature as well as online digital photograph collection. The digital photograph was rolled out slowly, with some posts adopting digital photograph collection simultaneously with the online application, while some posts delayed the digital photograph collection until their applicant pool adjusted to the online application procedure. As of 2021, nearly all posts use the digital photo collection tool as part of the online nonimmigrant visa application process. Digital photo collection reduces administrative burdens on consular posts, which otherwise would have to scan physical photographs for hundreds to thousands of visa applicants each day, and on applicants who no longer need to provide physical copies of their photographs. In cases where an applicant is unable to upload a photo VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 13695 that meets the specific requirements, the applicant may submit a printed photo to the U.S. embassy or consulate where they are applying for a visa. Under the Modernized Immigrant Visa (MIV) processing, applicants can upload a photograph as part of the required documentation along with the DS–260. For non-MIV paper-based immigrant visa cases, applicants may still bring a paper photograph at the time of interview which is then scanned and uploaded. Immigrant visa applicants may also be required to supply additional photographs at the time of their interview; those photographs may be included in the paper-based immigrant visa packet that the individual carries with them when they travel to the United States. The applicants then hand the completed packets to the Department of Homeland Security. MIV cases do not require paper packets and are digitally processed. Under existing Department practice, submission of a digital photograph along with an online visa application that the applicant signs electronically or biometrically is sufficient to meet the requirement of furnishing signed photographs under INA section 221(b), 8 U.S.C. 1201(b). This rule would not change current practice, but only clarify the regulation to reflect this option. Additionally, the Department is revising the immigrant and nonimmigrant visa photograph rules for consistency. Longstanding practice for digital and paper photographs is consistent for both immigrant and nonimmigrant applicants but regulations are inconsistent as to technical requirements. To clarify this potential inconsistency and to ensure that the Department can readily collect photographs that reflect current best practices, the Department is revising nonimmigrant requirements to be consistent with the immigrant requirements. The Department is also deleting from the immigrant visa photo rule language that allowed for the submission of black and white photographs. That language is outdated, and the Department is not aware of any country where the submission of color photographs is unavailable. submission of a digital photograph, along with an online visa application that the applicant signs electronically, is already considered sufficient to meet the requirement of furnishing signed photographs under INA section 221(b), 8 U.S.C. 1201(b). The purpose of this rule is to align the regulatory text with this existing Department practice and interpretation of 8 U.S.C. 1201(b). Therefore, the Department is issuing this amendment as a final rule. In accordance with the APA, it is effective 30 days after publication. Regulatory Findings The Department 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., updating these rules to account for modern technological advancements, outweigh any cost, which the Department assesses to be minimal. Administrative Procedure Act This rule is issued without prior notice and comment pursuant to the Administrative Procedure Act (‘‘APA’’), 5 U.S.C. 553(b)(A), because it re-states existing agency procedure or practice. As noted in the Preamble, under existing Department practice, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 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. Unfunded Mandates Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804(2), for purposes of congressional review of agency rulemaking under the Congressional Review Act. At this time, the Department does not believe that this rule will 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 U.S.-based companies to compete with foreignbased companies in domestic and import markets. Executive Orders 12866, and 13563: Reducing Regulation and Controlling Regulatory Cost E:\FR\FM\06MRR1.SGM 06MRR1 13696 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations 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 13175: Consultation and Coordination With Indian Tribal Governments 3. The authority citation for part 42 continues to read as follows: Paperwork Reduction Act This rule does not impose or revise any reporting or record-keeping requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects 22 CFR Part 41 Aliens, Employment, Foreign Officials, Immigration, Students, Passports and Visas. 22 CFR Part 42 Aliens, Immigration and Visas. Accordingly, for the reasons stated in the preamble, 22 CFR parts 41 and 42 are amended as follows: PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 1. The authority citation for part 41 continues to read as follows: ■ 2. Amend § 41.105 by revising paragraph (a)(3) to read as follows: (a) § 41.105 Supporting documents and fingerprinting.* * * (3) Photographs required. Every applicant for a nonimmigrant visa must furnish photographs of the number and specification prescribed by the Department. The applicant must either upload a digital photograph electronically as part of submitting an lotter on DSK11XQN23PROD with RULES1 16:15 Mar 03, 2023 Jkt 259001 Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105–277, 112 Stat. 2681; Pub. L. 108–449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105–51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901–14954 (Pub. L. 106–279, 114 Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287, 124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109– 162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 114–70, 129 Stat. 561). 4. Amend § 42.65 by revising paragraph (f) to read as follows: ■ § 42.65 Supporting documents. * * * * * (f) Photographs. Every applicant shall furnish photographs of the number and specifications prescribed by the Department. The applicant must either upload a digital photograph electronically as part of submitting an online visa application, or a paper photograph at the direction of the Department. The photograph shall be considered signed when the applicant biometrically signs and executes the application under oath pursuant to § 42.67(a). Zachary Parker, Director, Office of Directives Management, Department of State. [FR Doc. 2023–04405 Filed 3–3–23; 8:45 am] BILLING CODE 4710–06–P 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. VerDate Sep<11>2014 PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED ■ 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 preempt tribal law. Accordingly, the requirements of section 5 of Executive Order 13175 do not apply to this rulemaking. ■ online visa application or submit a paper photograph at the direction of the Department or consular officer. The photograph shall be considered signed when the applicant signs the appropriate application form pursuant to § 41.103(b)(3). * * * * * ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2021–0568; FRL–9779–02– OCSPP] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances (21–3.5e) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs). The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination. DATES: This rule is effective on May 5, 2023. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on March 20, 2023. FOR FURTHER INFORMATION CONTACT: For technical information contact: William Wysong, New Chemicals Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–4163; email address: wysong.william@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you manufacture, process, or use the chemical substances contained in this rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Manufacturers or processors of one or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries. This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers E:\FR\FM\06MRR1.SGM 06MRR1

Agencies

[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13694-13696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04405]


=======================================================================
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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 11813]
RIN 1400-AE81


Visas: Procedures for Issuing Visas

AGENCY: Department of State.

ACTION: Final rule.

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

SUMMARY: The Department of State is updating its regulation regarding 
visa applicants' furnishing of signed photographs as required under 
Section 221(b) of the Immigration and Nationality Act. These updates 
reflect changes in technology, including the ability to upload digital 
photographs electronically as part of the online visa application 
process.

DATES: This final rule is effective on April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Andrea Lage, Acting Regulatory 
Coordinator, Visa Services, Department of State, 600 19th St. NW, 
Washington, DC 20006, (202) 485-7586.

SUPPLEMENTARY INFORMATION: 

What changes is the Department making?

    This rule clarifies that immigrant and nonimmigrant visa applicants 
may upload digital photographs electronically as part of the online 
visa application process in lieu of submitting ink-signed photographs. 
The electronic signature on the DS-160, Online Nonimmigrant Visa 
Application, or the biometric signature for the DS-260, Online 
Application for Immigrant Visa and Alien Registration, pursuant to 22 
CFR 41.103(a) or 42.67(a)(3) respectively, shall be considered as 
signing the digital photograph and any paper photographs that may be 
otherwise submitted. Additionally, this rule amends the language 
concerning the nonimmigrant photograph to clarify that the submitted 
photograph must meet the specifications prescribed by the Department 
and deletes language allowing immigrant visa applicants to submit black 
and white photographs.

Why is the Department promulgating this rule?

    Section 221(b) of the Immigration and Nationality Act, 8 U.S.C. 
1201(b), states that ``[e]ach alien who applies for a visa shall be 
registered in connection with his application, and shall furnish copies 
of his photograph signed by him for such use as may be by regulations 
required.'' 22 CFR 41.103(a)(1) requires every noncitizen seeking a 
nonimmigrant visa to make an electronic application on Form DS-160, the 
Online Nonimmigrant Visa Application, or, as directed by a consular 
officer, an application on Form DS-156, Nonimmigrant Visa Application. 
Applicants must sign the Form DS-160 electronically by clicking the box 
designated ``Sign Application'' in the certification section of the 
application. The Form DS-160 is the electronic version of the 
nonimmigrant visa application, while the Form DS-156 is the paper-based 
nonimmigrant visa application and can only be used in limited 
circumstances.

[[Page 13695]]

    Generally, immigrant visa applicants must make an electronic 
application on Form DS-260, the Online Application for Immigrant Visa 
and Alien Registration, or, as directed by the consular officer, an 
application on Form DS-230, Application for Immigrant Visa or Alien 
Registration. Applicants must sign the Form DS-260 electronically by 
clicking the box designated ``Sign Application'' in the certification 
section of the application. Additionally, an immigrant visa applicant 
submitting a Form DS-260 is required at the time of the interview to 
swear to or affirm the application and biometrically sign the 
application.
    The purpose of this rule is to remove an outdated sentence from 22 
CFR 41.105(a)(3), which requires nonimmigrant visa applicants to ``sign 
(full name) on the reverse side of the photographs'' and to clarify 
that electronic and/or biometric signature of the appropriate visa 
application is deemed the signature on all submitted photographs, 
either digitally or on paper. In the late 1990s, the Department began 
the modernization of its visa adjudication and issuance systems and 
procedures. Part of that initiative involved digitizing the photograph 
collection process. During this time, the consular officers began to 
scan the paper photographs provided by nonimmigrant visa applicants and 
return the photographs to the applicant, using the scanned copy for all 
adjudication and recordkeeping purposes. In 2010, the Department 
announced that it would be transitioning from a paper-based application 
process to an electronic/online application process. As a part of this 
transition, the Department also transitioned to a combination of 
electronic signature (``click and submit'' signature) and biometric 
signature as well as online digital photograph collection. The digital 
photograph was rolled out slowly, with some posts adopting digital 
photograph collection simultaneously with the online application, while 
some posts delayed the digital photograph collection until their 
applicant pool adjusted to the online application procedure. As of 
2021, nearly all posts use the digital photo collection tool as part of 
the online nonimmigrant visa application process. Digital photo 
collection reduces administrative burdens on consular posts, which 
otherwise would have to scan physical photographs for hundreds to 
thousands of visa applicants each day, and on applicants who no longer 
need to provide physical copies of their photographs. In cases where an 
applicant is unable to upload a photo that meets the specific 
requirements, the applicant may submit a printed photo to the U.S. 
embassy or consulate where they are applying for a visa. Under the 
Modernized Immigrant Visa (MIV) processing, applicants can upload a 
photograph as part of the required documentation along with the DS-260. 
For non-MIV paper-based immigrant visa cases, applicants may still 
bring a paper photograph at the time of interview which is then scanned 
and uploaded. Immigrant visa applicants may also be required to supply 
additional photographs at the time of their interview; those 
photographs may be included in the paper-based immigrant visa packet 
that the individual carries with them when they travel to the United 
States. The applicants then hand the completed packets to the 
Department of Homeland Security. MIV cases do not require paper packets 
and are digitally processed.
    Under existing Department practice, submission of a digital 
photograph along with an online visa application that the applicant 
signs electronically or biometrically is sufficient to meet the 
requirement of furnishing signed photographs under INA section 221(b), 
8 U.S.C. 1201(b). This rule would not change current practice, but only 
clarify the regulation to reflect this option.
    Additionally, the Department is revising the immigrant and 
nonimmigrant visa photograph rules for consistency. Longstanding 
practice for digital and paper photographs is consistent for both 
immigrant and nonimmigrant applicants but regulations are inconsistent 
as to technical requirements. To clarify this potential inconsistency 
and to ensure that the Department can readily collect photographs that 
reflect current best practices, the Department is revising nonimmigrant 
requirements to be consistent with the immigrant requirements. The 
Department is also deleting from the immigrant visa photo rule language 
that allowed for the submission of black and white photographs. That 
language is outdated, and the Department is not aware of any country 
where the submission of color photographs is unavailable.

Regulatory Findings

Administrative Procedure Act

    This rule is issued without prior notice and comment pursuant to 
the Administrative Procedure Act (``APA''), 5 U.S.C. 553(b)(A), because 
it re-states existing agency procedure or practice. As noted in the 
Preamble, under existing Department practice, submission of a digital 
photograph, along with an online visa application that the applicant 
signs electronically, is already considered sufficient to meet the 
requirement of furnishing signed photographs under INA section 221(b), 
8 U.S.C. 1201(b). The purpose of this rule is to align the regulatory 
text with this existing Department practice and interpretation of 8 
U.S.C. 1201(b). Therefore, the Department is issuing this amendment as 
a final rule. In accordance with the APA, it is effective 30 days after 
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.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804(2), for 
purposes of congressional review of agency rulemaking under the 
Congressional Review Act. At this time, the Department does not believe 
that this rule will 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 U.S.-based companies to compete with 
foreign-based companies in domestic and import markets.

Executive Orders 12866, and 13563: Reducing Regulation and Controlling 
Regulatory Cost

    The Department 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., updating these rules to account for modern 
technological advancements, outweigh any cost, which the Department 
assesses to be minimal.

[[Page 13696]]

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 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 preempt 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 record-keeping 
requirements under the provisions of the Paperwork Reduction Act, 44 
U.S.C. Chapter 35.

List of Subjects

22 CFR Part 41

    Aliens, Employment, Foreign Officials, Immigration, Students, 
Passports and Visas.

22 CFR Part 42

    Aliens, Immigration and Visas.

    Accordingly, for the reasons stated in the preamble, 22 CFR parts 
41 and 42 are 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 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. Amend Sec.  41.105 by revising paragraph (a)(3) to read as follows:
    (a) Sec.  41.105 Supporting documents and fingerprinting.* * *
    (3) Photographs required. Every applicant for a nonimmigrant visa 
must furnish photographs of the number and specification prescribed by 
the Department. The applicant must either upload a digital photograph 
electronically as part of submitting an online visa application or 
submit a paper photograph at the direction of the Department or 
consular officer. The photograph shall be considered signed when the 
applicant signs the appropriate application form pursuant to Sec.  
41.103(b)(3).
* * * * *

PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION 
AND NATIONALITY ACT, AS AMENDED

0
3. The authority citation for part 42 continues to read as follows:

    Authority:  8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 
2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection 
of Children and Co-operation in Respect of Intercountry Adoption 
(done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 
1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-14954 
(Pub. L. 106-279, 114 Stat. 825); 8 U.S.C. 1101 (Pub. L. 111-287, 
124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8 
U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561).


0
4. Amend Sec.  42.65 by revising paragraph (f) to read as follows:


Sec.  42.65  Supporting documents.

* * * * *
    (f) Photographs. Every applicant shall furnish photographs of the 
number and specifications prescribed by the Department. The applicant 
must either upload a digital photograph electronically as part of 
submitting an online visa application, or a paper photograph at the 
direction of the Department. The photograph shall be considered signed 
when the applicant biometrically signs and executes the application 
under oath pursuant to Sec.  42.67(a).

Zachary Parker,
Director, Office of Directives Management, Department of State.
[FR Doc. 2023-04405 Filed 3-3-23; 8:45 am]
BILLING CODE 4710-06-P
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