[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Rules and Regulations]
[Pages 19288-19289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07866]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 8687]
RIN 1400-AD51
Visas: Waiver by Joint Action of Visa and Passport Requirements
for Members of Armed Forces and Coast Guards of Foreign Countries
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending its regulations regarding
the waiver by joint action of consular and immigration officers of visa
and passport requirements for members of foreign armed forces and coast
guards. Specifically, the regulation, as amended, removes the current
list of countries whose armed forces members are ineligible for a such
a waiver, and provides that, in every case, when entry of foreign armed
forces and coast guard members is proposed under arrangements made with
the appropriate military authorities of the United States and after
coordination within the U.S. Government by those U.S. military
authorities, the Department of Homeland Security and the Department of
State will jointly decide whether to approve waiver of the visa and/or
passport requirements.
DATES: Effective Date: This rule becomes effective April 8, 2014.
FOR FURTHER INFORMATION CONTACT: Jennifer Liu, Legislation and
Regulations Division, Legal Affairs, Office of Visa Services, Bureau of
Consular Affairs, Department of State, 600 19th Street NW., Washington,
DC 20520-0106, (202) 485-7648, email ([email protected]).
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
This final rule implements the joint determination of the
Department of State and the Department of Homeland Security to remove
the list of countries whose citizens or residents are currently
ineligible for a waiver under 22 CFR 41.3(e), pursuant to authority
under section 212(d)(4)(A) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(4)(A), as such a list is considered unnecessary
and requires regular and resource-intensive review. The amended
regulation clarifies that, in every case, when entry of members of
foreign armed forces and coast guard into the United States is proposed
under arrangements made with the appropriate military authorities of
the United States and after coordination within the U.S. Government by
those U.S. military authorities, the Department of Homeland Security
and the Department of State will jointly decide, as a matter of
discretion, whether to approve a waiver of the visa and/or passport
requirements for the foreign armed forces and coast guard members.
Finally, the amended rule extends authority to grant a waiver under 22
CFR 41.3 to the Deputy Assistant Secretary of State for Visa Services
or his or her designee, in addition to the consular officer serving the
port or place of embarkation, jointly with the appropriate immigration
officer within DHS.
[[Page 19289]]
Regulatory Findings
A. Administrative Procedure Act
The Department of State is of the opinion that waiver of visa and
passport requirements for foreign armed forces and coast guards is a
foreign affairs function of the United States Government and that rules
implementing this function are exempt from section 553 (Rulemaking) and
section 554 (Adjudications) of the Administrative Procedure Act.
B. 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 at sections 603 and 604 of
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Department certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule regulates individual aliens applying for visas under INA
section 101(A)(15) and does not affect any small entities, as defined
in 5 U.S.C. 601(6).
C. The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. Law
104-4, 109 Stat. 48, codified at 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. 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 (Pub. L. 104-121).
This rule will not result in an annual effect on the economy of $100
million or more; a major increase in costs or prices; or adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign-based companies in domestic and import markets.
E. Executive Order 12866
The Department is of the opinion that waiver of visa and passport
requirements for foreign armed forces and coast guards is a foreign
affairs function of the United States Government and that rules
governing the conduct of this function are exempt from the requirements
of Executive Order 12866. However, the Department has reviewed the
proposed rule to ensure its consistency with the regulatory philosophy
and principles set forth in the Executive Order.
F. Executive Order 13563: Improving Regulation and Regulatory Review
The Department has considered this rule in light of Executive Order
13563 and affirms that this regulation is consistent with the guidance
therein.
G. Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. The rule will not have federalism
implications warranting the application of Executive Orders No. 12372
and No. 13132.
H. Executive Order 12988: Civil Justice Reform
The Department has reviewed the regulations in light of sections
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
I. Executive Order 13175
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 Executive Order 13175 do not apply to
this rulemaking.
J. Paperwork Reduction Act
This rule does not impose new information collection requirements
under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 41
Aliens, Foreign officials, Passports and visas, Students.
For the above reasons, 22 CFR Part 41 is amended as follows:
PART 41--[AMENDED]
0
1. The authority citation for Part 41 is revised to read as follows:
Authority: 8 U.S.C. 1104, 1182(d), 1185 note; 112 Stat. 2681-
795.
0
2. Section 41.3 is amended by revising the introductory text and
paragraph (e), to read as follows:
Sec. 41.3 Waiver by joint action of consular and immigration officers
of passport and/or visa requirements.
Under the authority of INA 212(d)(4), the documentary requirements
of INA 212(a)(7)(B)(i)(I), (i)(II) may be waived for any alien in whose
case the consular officer serving the port or place of embarkation, or
the Deputy Assistant Secretary of State for Visa Services or his or her
designee, is satisfied after consultation with, and concurrence by, the
appropriate immigration officer, that the case falls within any of the
following categories:
* * * * *
(e) Members of armed forces and coast guards of foreign countries;
visa and passport waiver. An alien on active duty in the armed forces
or coast guard of a foreign country and a member of a group of such
armed forces or coast guard traveling to the United States, on behalf
of the alien's government or the United Nations, under arrangements
made with the appropriate military authorities of the United States,
coordinated within the U.S. Government by those U.S. military
authorities, and approved by the Department of State and the Department
of Homeland Security for such visit.
* * * * *
Dated: March 28, 2014.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2014-07866 Filed 4-7-14; 8:45 am]
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