[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48577-48578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24084]


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DEPARTMENT OF STATE

22 CFR Parts 41 and 42

[Public Notice 2863]


Visas: Documentation of Nonimmigrants and Immigrants--Minor 
Corrections or Additions to Nonimmigrant Visa Regulations and Deletions 
of Obsolete Immigrant Visa Provisions

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: This rule combines several minor corrections or updating of 
current nonimmigrant visa regulations with the deletion of several 
immigrant visa regulations that are inoperative as a result of the 
repeal or expiration of the underlying provisions of law. The former 
include correcting the name of Mongolia, adding two classification 
symbols, and changing a section title from ``General'' to ``Foreign 
Officials--General''. The immigrant visa regulatory removals include 
certain relief provisions for returning residents which were repealed, 
and several short-term benefits accorded certain relatives by the 
Immigration Act of 1990 which have expired.

EFFECTIVE DATE: September 11, 1998.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, (202) 663-1204.

SUPPLEMENTARY INFORMATION: Several current visa regulations contain 
obsolete or incorrect references or relate to or contain references to 
a provision of law which has been repealed or has passed its statutory 
time limit, thus rendering the regulation concerned inoperative. As a 
housekeeping measure, they are being formally corrected or removed by 
this rule. They are described herein in the sequence in which they 
appear in 22 CFR Parts 41 and 42.
    First is section 41.3, which covers consular and immigration 
officer joint waivers of the passport and/or visa requirements. In 
subsection 41.3(e) reference is made to what is erroneously called 
``Mongolian People's Republic'' whereas the name of the country was 
changed to ``Mongolia'' in 1992. It is corrected herein.
    Next is section 41.12, the enumeration of nonimmigrant visa 
symbols, in which two symbols are corrected (S-5 and S-6 are 
substituted for S-7 and S-8, respectively) and two new symbols are 
being added: C-1/D for a combined transit and crewman visa and S-7 for 
any qualified family member of an S-5 or S-6 principal alien.
    The final nonimmigrant section affected is 41.21 which has been 
titled simply ``General'' as the opening section of what the Department 
considers ``the 41.20's'', all such sections relating to foreign 
officials of one kind or another. Inasmuch as there is no 41.20 by that 
title, however, ``General'' is a non-descriptive and meaningless 
heading for 41.21. The title is thus being changed herein to ``Foreign 
Officials--General''.
    The first of the immigrant sections is 42.22(c), which described 
the effect of relief provided by the Attorney General in his or her 
discretion under section 212(c) of the Immigration and Nationality Act 
(INA) for certain returning residents. Section 212(c) was repealed by 
section 304(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act (IIRIRA). As there is no longer a basis for 22 CFR 
42.22(c), it is removed and subsection 42.22(d) is redesignated as 
42.22(c).
    The Immigration Act of 1990 (IMMACT 90) contained several time-
limited provisions, one of which (section 112) established up to 55,000 
additional visa numbers during each of fiscal years 1992-94 for the 
spouses and children of aliens whose status was legalized under 
legislation enacted in 1986. Section 42.51(a)(2) provided for the 
Department's control of those numbers. It is removed by this rule.
    Section 42.51(d) regulated control of special numerical provisions 
in the Panama Canal Act, which were stricken by section 212(a) of the 
Immigration and Nationality Technical Corrections Act of 1994. It is 
hereby removed.
    Subsection (a) of section 42.54 as promulgated in 1991 contains 
prospective language regarding diversity immigrants which is no longer 
appropriate and is being deleted.
    Under the terms of section 631 of the Illegal Immigration Reform 
and Immigrant Responsibility Act, the period of validity of an 
immigrant visa was raised from four months to six months. Section 42.72 
of 22 CFR, containing the regulations pertaining to immigrant visa 
validity, was amended shortly thereafter to conform with that 
amendment. This rule corrects the reference to the visa validity period 
contained in section 42.64, which relates to passport requirements for 
immigrants.

Regulatory Analysis and Notices

Final Rule

    This rule is being published as a final rule under the ``good 
cause'' exceptions set forth at 5 U.S.C. 553(b)(3) and 553(d)(3). As 
the material being changed is not challengeable and that being removed 
is no longer germane, no purpose would be served by publication as a 
proposed rule with a time frame for comment.

The Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and the 
Assistant Secretary for Consular Affairs hereby certifies that it is 
not expected to have a significant economic impact on a substantial 
number of small entities.

E.O. 12988 and E.O. 12866

    This rule has been reviewed as required under E.O. 12998 and 
determined to be in compliance therewith. This rule is exempt from 
review under E.O. 12866, but has been reviewed internally by the 
Department to ensure consistency therewith. The rule does not directly 
or indirectly affect states or local governments or Federal 
relationships and does not create unfunded mandates.

5 U.S.C. Chapter 8

    As required by 5 U.S.C., chapter 8, the Department has screened 
this rule and determined that it is not a major rule, as defined in 5 
U.S.C. 80412.

Paperwork Reduction Act

    This rule imposes no paperwork requirements.

Lists of Subjects

22 CFR Part 41

    Aliens, Foreign officials, Passports and visas, Students.

22 CFR Part 42

    Immigration, Passports and visas.

    In view of the foregoing, 22 CFR Parts 41 and 42 are amended as 
follows:

PART 41--[AMENDED]

    1. The authority citation for Part 41 is revised to read:

    Authority: 8 U.S.C. 1104.


Sec. 41.3  [Amended]

    2. Section 41.3 is amended in paragraph (e), by removing 
``Mongolian People's Republic'' and adding in its place ``Mongolia''.
    3. Section 41.12 is amended in the table by removing the entries 
for S-7

[[Page 48578]]

and S-8 and adding new entries in alphanumeric order to read as 
follows:


Sec. 41.12  Classification Symbols.

 * * * * *

                                                  Nonimmigrants                                                 
----------------------------------------------------------------------------------------------------------------
        Symbol                              Class                                    Section of law             
----------------------------------------------------------------------------------------------------------------
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                  *                                                             
C-1/D                  Combined Transit and Crewman Visa..............  101(a)(15)(C) and (D).                  
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                  *                                                             
S-5                    Certain Aliens Supplying Critical Information    101(a)(15)(S)(i).                       
                        Relating to a Criminal Organization or                                                  
                        Enterprise.                                                                             
S-6                    Certain Aliens Supplying Critical Information    101(a)(15)(S)(ii).                      
                        Relating to Terrorism.                                                                  
S-7                    Qualified Family Member of S-5 or S-6..........  101(a)(15)(S).                          
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                  *                                                             
----------------------------------------------------------------------------------------------------------------

    4. Section 41.21 is amended by revising the section heading to read 
as follows:


Sec. 41.21  Foreign Officials--General.

* * * * *

PART 42--[AMENDED]

    5. The authority citation for Part 42 continues to read as follows:

    Authority: 8 U.S.C. 1104.


Sec. 42.22  [Amended]

    6. Section 42.22 is amended by removing paragraph (c) and 
redesignating paragraph (d) as paragraph (c).


Sec. 42.51  [Amended]

    7. Section 42.51 is amended by removing paragraph (a)(2), by 
redesignating paragraphs (a)(1) introductory text, (a)(1)(i), and 
(a)(1)(ii) as paragraphs (a) introductory text, (a)(1), and (a)(2), 
respectively, and by removing paragraph (d).


Sec. 42.54  [Amended]

    8. Section 42.54 is amended by removing the words ``Beginning with 
fiscal year 1995, in'' from paragraph (a)(2) and adding in their place 
``In''.


Sec. 42.64  [Amended]

    9. Section 42.64(b) is amended by revising ``4 months'' to read ``6 
months''.

    Dated: July 23, 1998.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-24084 Filed 9-10-98; 8:45 am]
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