[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Proposed Rules]
[Pages 76711-76712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31482]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 4215]


Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, As Amended--Elimination of Crew List Visas

AGENCY: Department of State.

ACTION: Proposed rule with request for comments.

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SUMMARY: Under current regulations, crewmen working on vessels and 
aircraft bound for the United States are able to obtain crew list visas 
without submitting individual application forms or undergoing 
background checks that would apply to many if they applied for 
individual visas. In light of the security concerns resulting from the 
events of September 11, 2001, the Department can no longer justify 
issuance of a visa without the full application process. This rule 
proposes to amend the regulations to eliminate the crew list visa.

DATES: Written comments must be received on or before February 11, 
2003.

ADDRESSES: Written comments may be submitted to the Chief, Legislation 
and Regulations Division, Visa Services, Department of State, 
Washington, DC 20520-0106, by fax to 202-663-3898 or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, 202-663-1206 or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

What Is a Crew List Visa?

    The Department's current regulation at 22 CFR 41.42(a) defines crew 
list visa as follows: ``A crew list visa is a nonimmigrant visa issued 
on a manifest of crewmen of a vessel or aircraft and includes all 
aliens listed in the manifest unless otherwise stated. It constitutes a 
valid nonimmigrant visa within the meaning of INA 
212(a)(7)(B)(i)(II).''

What Are the Statutory Authorities Pertaining to the Crew List Visa?

    Authority for the issuance of a crew list visa is derived from 
sections 101(a)(15)(D) and 221(f) of the Immigration and Nationality 
Act, 8 U.S.C. 1101(a)(15)(D) and 1201(f), respectively. Section 
101(a)(15)(D) exempts aliens serving in good faith as crewmen on board 
a vessel (other than a fishing vessel having its home port or an 
operating base in the United States, unless temporarily landing in 
Guam), or aircraft from being deemed immigrants. Section 221(f) permits 
an alien to enter the United States on the basis of a crew manifest 
that has been visaed by a consular officer. However, the latter section 
does not require a consular officer to visa a crew manifest and in 
those cases where the consular officer does agree to do so, it 
authorizes the officer to deny admission to any alien from the crew 
list visa. Further, the use of the visaed crew list appears to have 
been intended principally as a temporary or emergency measure to be 
used only until such time as it becomes practicable to issue individual 
documents to each member of a vessel's or aircraft's crew.

What Are the Requirements for Obtaining a Crew List Visa?

    To obtain a crew list visa, the representative or agent of a 
foreign vessel or aircraft must submit a master list of all crewmen 
employed on the

[[Page 76712]]

vessel or aircraft along with whatever other information the consular 
officer finds necessary to determine eligibility.
    Applicants applying for crew list visas are not required to 
complete the Forms DS-156, Nonimmigrant Visa Application, or DS-157, 
Supplemental Nonimmigrant Visa Application or submit a passport, nor 
are they required to undergo an interview.

Are Such Crewmen Subject to Background Checks?

    While consular officers are required to conduct background checks, 
including a check of the computerized name check system, for applicants 
for crew list visas, background checks are not as reliable for crew 
list applicants since it is not possible to verify with certainty that 
the names submitted on the crew list are spelled correctly. In 
addition, since crew list visa applicants ordinarily are not 
interviewed, consular officers have no opportunity to question them 
regarding such things as employment history or knowledge of their 
trade.

Why Does the Department Want To Amend Its Regulations?

    The Enhanced Border Security and Visa Entry Reform Act of 2002 
(Pub. L. 107-173) requires that all visas issued after October 26, 2004 
have a biometric indicator. This means crew list visas would 
necessarily be eliminated by that date. Additionally, since September 
11, the Department has been amending its regulations to ensure that 
every effort is made to screen out undesirable aliens. The Department 
is, therefore, amending its regulations to eliminate crew list visas 
and ensure that each crewmember entering the United States will 
complete the nonimmigrant visa application forms, submit a valid 
passport and undergo an interview and background checks.

What Will Be the Economic Impact and the Impact on Manning of Vessels 
and Aircraft if This Rule Goes Into Effect?

    In terms of the actual cost of a visa, per crewman, in general the 
cost of an individual visa will be no more than it is, per crewman, on 
a crew list visa, and in most cases over a period of years will average 
out to be less. For crew list visas each crewman already pays an 
individual processing, i.e., machine-readable visa (MRV) fee of 
$100.00. Although reciprocity fees are waived for individuals on a crew 
list visa and are not for individual visas, that cost should be more 
than offset in most cases by the fact that the crewman will be 
receiving (depending upon reciprocity for each individual's country of 
nationality) a multiple entry, long term visa instead of the one entry, 
6 month crew list visa.
    Nevertheless, in preliminary discussions with representatives of 
the shipping industry, most comments about the economic impact of this 
proposed rule have been associated with the difficulties and costs that 
will be presented to the industry should issuance of individual visas 
result in long and expensive delays waiting in port for visas to be 
issued. These representatives say that tight and sometimes erratic 
scheduling, and a constant shifting of crew members are features of the 
industry that need to be taken into consideration in implementing a 
requirement for individual visas. Therefore, the Department invites all 
interested parties to comment specifically on the economic and manning 
impacts of this rule, as proposed, and to suggest measures the 
Department might consider when implementing the rule that would 
minimize any negative impacts of this type.

How Does the Department Propose To Amend Its Regulations?

    This rule proposes to remove the Department's regulations at 22 CFR 
41.42 that establish the crew list visa. By doing so, all crewmembers 
entering the United States would be required to apply for individual 
crew visas.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule with a 
60-day provision for post-promulgation public comments.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement 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 significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State considers this rule to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review. Therefore, it has been submitted for 
review by the Office of Management and Budget.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports, Visas.

    In view of the foregoing, 22 CFR Part 41 is amended as follows:

PART 41--[AMENDED]

    1. The authority citation for Part 41 continues to read:

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801.


Sec.  41.42  [Removed and Reserved]

    Remove and reserve section 41.42.

    Dated: December 2, 2002.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-31482 Filed 12-12-02; 8:45 am]
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