[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Rules and Regulations]
[Pages 76681-76682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31483]


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DEPARTMENT OF STATE

22 CFR Part 45

[Public Notice 4216]


Visas: Documentation of Immigrants Under Section 124 of Public 
Law 101-649

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule removes the Department's regulations concerning the 
documentation of immigrants under section 124 of Immigration Act of 
1990 (IMMACT 90). This section provided immigrant status for certain 
aliens who were resident and employed in Hong Kong. Qualifying aliens 
could be granted immigrant status during fiscal years 1991 and 1993 and 
could be granted extended immigrant visa validity up to January 1, 
2002. Since this category of visas no longer exists, the Department is 
removing the regulations.

EFFECTIVE DATE: December 13, 2002.

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20522-0113.

SUPPLEMENTARY INFORMATION:
    Section 124 of the Immigration Act of 1990 (IMMACT 90) created a 
special immigrant visa classification for residents of Hong Kong 
employed by either U.S. owned or operated businesses or by the American 
Consulate General in Hong Kong. Visas for business employees were to 
have been issued during fiscal years 1991 and 1993. Section 154 of 
IMMACT 90 also provided for an extension of validity of these visas 
through January 1, 2002. Visas for Consulate General employees were to 
have been issued by January 1, 2001. Since these visas are no longer 
being issued and since the extended validity period has now expired, 
the Department is removing the regulations pertaining to this class of 
immigrants.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a final rule, since it is 
merely removing regulations that governed a class of immigrants which 
no longer exists.

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 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 import markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The

[[Page 76682]]

Department has nevertheless reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
that Executive Order.

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 require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 45

    Aliens, Immigrants, Passports and Visas.

    Accordingly, under the authority 8 U.S.C. 1153, the Department is 
removing part 45.

    Dated: November 22, 2002.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-31483 Filed 12-12-02; 8:45 am]
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