[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Rules and Regulations]
[Pages 34519-34522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8165]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Parts 40, 41, and 42

[Public Notice 5362]


Nomenclature Changes Reflecting Creation of Department of 
Homeland Security

AGENCY: State Department.

ACTION: Final rule.

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

SUMMARY: This rule makes technical nomenclature changes to Title 22 
Code of Federal Regulations (CFR) parts 40, 41, and 42 to properly 
reflect the creation of the Department of Homeland Security (DHS) and 
its assumption of the functions of the former Immigration and 
Naturalization Service (INS). This rule also reflects changes to form 
numbers on various visa-related forms. Because the amendments are 
entirely technical, the State Department is not providing an 
opportunity for public comment under the Administrative Procedure Act 
``good cause'' exemption.

DATES: Effective Date: This rule is effective June 15, 2006.
    Persons with access to the internet may view this notice by going 
to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Barbara J. Kennedy, Legislation and 
Regulations Division, Visa Services, U.S. Department of State, 2401 E 
Street, NW., Room L-603, Washington, DC 20520-0106; telephone 202-663-
1206 or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Why is the Department Promulgating This Rule?

    On March 1, 2003, the INS's functions were transferred to the newly 
created Department of Homeland Security (DHS). The reorganization was 
required by the Homeland Security Act of 2002, Public Law No. 107-296 
section 1502. This final rule includes the changes that reflect the 
transfer.

[[Page 34520]]

How is the Department Amending its Regulations?

    This rule reflects the transfer of functions made by including 
these changes in 22 CFR, parts 40, 41, and 42.

Regulatory Findings

Administrative Procedure Act

    The Department's implementation of this regulation as a final rule 
is based upon the ``good cause'' exceptions found at 5 U.S.C. 
553(b)(B). This action is being taken without prior notice and public 
comment. Section 553(b) of the APA authorizes agencies to dispense with 
certain notice procedures for rules when they find ``good cause'' to do 
so. The requirements of notice and opportunity for comment do not apply 
when the agency, for good cause, finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Because the changes being made are completely technical, the Department 
has determined that public comment is unnecessary.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    The Department of State, in accordance with the Regulatory 
Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) and Executive Order 
13272, section 3(b), has evaluated the effects of this action of small 
entities and has determined and hereby certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 48, 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 section. This rule will 
not result in any such expenditure, nor will it significantly or 
uniquely affect small governments.

The 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, Public Law 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 
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 has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of the 
regulation justify its costs. The Department does not consider the rule 
to be a ``significant regulatory action'' within the scope of section 
3(f)(1) of the Executive Order since it is not likely to have an annual 
effect on the economy of $100 million or more or to adversely affect in 
a material way the economy, a sector of the economy, competition, jobs, 
the environment, public health or safety, or State, local or tribal 
governments or communities.

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. Nor will the rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

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.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter 
35.

List of Subjects in 22 CFR Parts 40, 41, and 42

    Aliens, Immigration, Students, Passports and visas.

0
In view of the foregoing, 22 CFR parts 40, 41, and 42 are amended as 
follows:

PART 40--[AMENDED]

    Regulations pertaining to both nonimmigrants and immigrants under 
the Immigration and Nationality Act, as amended.
0
1. The authority citation for part 40 continues to read as follows:

    Authority: 8 U.S.C. 1104.

Sec.  40.1  [Amended]

0
2. In Sec.  40.1:
0
A. Remove paragraph (k);
0
B. Redesignate existing paragraphs (g), (h), (i), and (j) as (h), (i), 
(j), and (k) respectively;
0
C. Add a new paragraph (g);
0
D. In paragraph (l)(1), remove ``Form OF-156'' and add ``Form DS-156'' 
in its place;
0
E. In paragraph (l)(2), remove ``Form OF-230'' and add ``Form DS-230'' 
in its place;
0
F. In paragraph (p), remove ``Commissioner of Immigration and 
Naturalization,'' and ``INS,'' and add ``DHS'' in its place wherever it 
appears;
    The addition reads as follows:


Sec.  40.1  Definitions.

* * * * *
    (g) DHS means the Department of Homeland Security.
* * * * *


Sec.  40.11  [Amended]

0
3. In Sec.  40.11, in paragraph (b) remove ``INS'' and add ``DHS'' in 
its place wherever it appears, and remove ``Attorney General'' and add 
``Secretary of Homeland Security'' in its place.


Sec.  40.21  [Amended]

0
4. In Sec.  40.21, in paragraphs (a)(7) and (b)(2), remove ``INS'' and 
add ``DHS'' in its place wherever it appears.


Sec.  40.22  [Amended]

0
5. In Sec.  40.22, in paragraph (e) remove ``INS'' and add ``DHS'' in 
its place wherever it appears.


Sec.  40.24  [Amended]

0
6. In Sec.  40.24, in paragraph (d) remove ``INS'' and add ``DHS'' in 
its place wherever it appears.


Sec.  40.34  [Amended]

0
7. In Sec.  40.34, in paragraph (g) remove ``INS'' and add ``DHS'' in 
its place wherever it appears.


Sec.  40.41  [Amended]

0
8. In Sec.  40.41:
0
A. In paragraph (b) remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place.
0
B. In paragraph (d) remove ``INS'' and add ``DHS'' in its place.


Sec.  40.51  [Amended]

0
9. In Sec.  40.51, in paragraph (b) remove ``Attorney General'' and add 
``Secretary of Homeland Security'' in its place.


Sec.  40.53  [Amended]

0
10. In Sec.  40.53, in paragraph (a) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.

[[Page 34521]]

Sec.  40.63  [Amended]

0
11. In Sec.  40.63, in paragraph (c) remove ``INS'' and add ``DHS'' in 
its place wherever it appears.


Sec.  40.65  [Amended]

0
12. In Sec.  40.65, in paragraph (b) remove ``INS'' and add ``DHS'' in 
its place wherever it appears.


Sec.  40.66  [Amended]

0
13. In Sec.  40.66, in paragraph (b) remove ``INS'' and add ``DHS'' in 
its place wherever it appears.


Sec.  40.91  [Amended]

0
14. In Sec.  40.91, in paragraph (e) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.


Sec.  40.92  [Amended]

0
15. In Sec.  40.92, in paragraph (c) remove ``INS'' and add ``DHS'' in 
its place.


Sec.  40.93  [Amended]

0
16. In Sec.  40.93 remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place.


Sec.  40.105  [Amended]

0
17. In Sec.  40.105 remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place.


Sec.  40.202  [Amended]

0
18. In Sec.  40.202, in paragraph (b) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.


Sec.  40.301  [Amended]

0
19. In Sec.  40.301:
0
A. In paragraph (a) remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place;
0
B. In paragraph (b) remove ``INS'' and add ``DHS'' in its place 
wherever it appears;
0
C. In paragraph (c) remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place wherever it appears.

PART 41--[AMENDED]

    Visas: Documentation of nonimmigrants under the Immigration and 
Nationality Act, as amended.

0
20. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law No. 05-277, 112 Stat. 2681-
795 through 2681-801.

Sec.  41.2  [Amended]

0
21. In Sec.  41.2:
0
A. In the heading and in the first sentence, remove ``Attorney 
General'' and add ``Secretary of Homeland Security'' in its place 
wherever it appears;
0
B. In paragraph (j) remove ``Immigration and Naturalization Service'' 
and add ``Department of Homeland Security'' in its place, and remove 
``INS'' and add ``DHS'' wherever it appears;


Sec.  41.11  [Amended]

0
22. In Sec.  41.11, in paragraph (b)(2) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.


Sec.  41.31  [Amended]

0
23. In Sec.  41.31, in paragraph (a)(1) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.


Sec.  41.32  [Amended]

0
24. In Sec.  41.32:
0
A. In paragraph (a)(2) remove ``Form OF-156'' and add Form DS-156'' in 
its place;
0
B. In paragraph (d)(2) remove ``Attorney General'' and add ``Secretary 
of Homeland Security'' in its place.


Sec.  41.33  [Amended]

0
25. In Sec.  41.33, in paragraph (c)(2) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.


Sec.  41.51  [Amended]

0
26. In Sec.  41.51, in paragraphs (a)(13) and (b)(14) remove ``Attorney 
General'' and add ``Secretary of Homeland Security'' in its place 
wherever it appears.


Sec.  41.53  [Amended]

0
27. In Sec.  41.53:
0
A. In paragraph (a)(2) remove ``INS'' and add ``DHS'' in its place 
wherever it appears.
0
B. In paragraph (b) remove ``Immigration and Naturalization Service'' 
and add ``Department of Homeland Security'' in its place.
0
C. In paragraph (d) remove ``INS'' and add ``DHS'' in its place.


Sec.  41.54  [Amended]

0
28. In Sec.  41.54:
0
A. In paragraphs (a)(2), (a)(3), (b) and (d), remove ``INS'' and add 
``DHS'' in its place wherever it appears.
0
B. In paragraph (e) remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place.


Sec.  41.55  [Amended]

0
29. In Sec.  41.55, in paragraphs (a)(2), (b) and (d) remove ``INS'' 
and add ``DHS'' in its place wherever it appears.


Sec.  41.56  [Amended]

0
30. In Sec.  41.56, in paragraphs (a)(2), (b) and (d) remove ``INS'' 
and add ``DHS'' in its place wherever it appears.


Sec.  41.57  [Amended]

0
31. In Sec.  41.57, in paragraphs (a)(1)(ii), (a)(2) and (a)(4) remove 
``INS'' and add ``DHS'' in its place wherever it appears.


Sec.  41.59  [Amended]

0
32. In Sec.  41.59:
0
A. In paragraphs (a)(2) and (b) remove ``INS'' and add ``DHS'' in its 
place wherever it appears.
0
B. In paragraph (d) remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place.


Sec.  41.61  [Amended]

0
33. In Sec.  41.61, in paragraphs (b)(1)(i) and (c) remove ``Attorney 
General'' and add ``Secretary of Homeland Security'' in its place 
wherever it appears.


Sec.  41.63  [Amended]

0
34. In Sec.  41.63:
0
A. In paragraph (a)(2) remove ``Commissioner of Immigration and 
Naturalization'' and add ``Department of Homeland Security'' in its 
place, and remove ``Attorney General'' and add ``Secretary of Homeland 
Security'' in its place wherever it appears;
0
B. In paragraph (a)(3) remove ``Attorney General'' and add ``Secretary 
of Homeland Security'' in its place;
0
C. In paragraph (b)(1) remove ``INS Form I-612'' and add ``DHS Form I-
612'' in its place, and remove ``Immigration and Naturalization 
Service'' and add ``Department of Homeland Security'' in its place;
0
D. In paragraph (b)(2)(i), remove ``the Commissioner of the Immigration 
and Naturalization Service (``Commissioner'')'' and add ``DHS'' in its 
place, and remove ``the Commissioner'' and add ``DHS'' in its place;
0
E. In paragraph (b)(2)(ii), (b)(2)(iii), (c)(5), (d)(2) and (e)(4) 
remove ``the Commissioner'' and add ``DHS'' in its place wherever it 
appears;
0
F. In paragraph (f) remove ``the Immigration and Naturalization 
Service'' and add ``DHS'' in its place;
0
G. In paragraph (g)(8) remove ``the Commissioner'' and add ``DHS'' in 
its place.


Sec.  41.71  [Amended]

0
35. In Sec.  41.71, in paragraph (b) remove ``Attorney General'' and 
add ``Secretary of Homeland Security'' in its place.


Sec.  41.81  [Amended]

0
36. In Sec.  41.81, in paragraphs (a)(1) and (b)(1) remove ``INS'' and 
add ``DHS'' in its place wherever it appears.


Sec.  41.83  [Amended]

0
37. In Sec.  41.83:
0
A. In paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) remove ``INS'' and add

[[Page 34522]]

``DHS'' in its place, and remove ``on behalf of the Attorney General;''
0
B. In paragraph (b) remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place wherever it appears.


Sec.  41.84  [Amended]

0
38. In Sec.  41.84, in paragraph (a)(3) remove ``INS'' and add ``DHS'' 
in its place.


Sec.  41.86  [Amended]

0
39. In Sec.  41.86, in paragraph (c) remove ``INS'' and add ``DHS'' in 
its place.


Sec.  41.103  [Amended]

0
40. In Sec.  41.103, in the heading and in paragraphs (a)(1), (a)(2), 
(b)(1), (b)(1)(i), (b)(1)(ii), (b)(2), (b)(3) and (b)(4) remove ``Form 
OF-156'' and add ``Form DS-156'' in its place wherever it appears.


Sec.  41.106  [Amended]

0
41. In Sec.  41.106 remove ``Form OF-156'' and add ``Form DS-156'' in 
its place.


Sec.  41.108  [Amended]

0
42. In Sec.  41.108, in paragraph (b) remove ``INS'' and add ``DHS'' in 
its place.


Sec.  41.112  [Amended]

0
43. In Sec.  41.112, in paragraphs (d)(1)(ii) and (d)(2)(i) remove 
``INS'' and add ``DHS'' in its place wherever appears.


Sec.  41.113  [Amended]

0
44. In Sec.  41.113:
0
A. In paragraph (b) remove ``Form OF-232'' and add ``Form DS-232'' In 
its place wherever it appears;
0
B. In paragraph (d)(2) remove ``Attorney General'' and add ``Secretary 
of Homeland Security'' in its place;
0
C. In paragraph (g) remove ``Form OF-156'' and add ``Form DS-156'' in 
its place wherever it appears, and remove ``Form OF-232'' and add Form 
DS-232'' in its place;
0
D. In paragraph (h) remove ``Form OF-156'' and add ``Form DS-156'' in 
its place.


Sec.  41.122  [Amended]

0
45. In paragraphs (e), (h)(4), (h)(5) and (h)(6), remove ``INS'' and 
add ``DHS'' in its place wherever it appears.

PART 42--[AMENDED]

    Visas: Documentation of immigrants under the Immigration and 
Nationality Act, as amended.

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

    Authority: 8 U.S.C. 1104; Public Law No. 107-56, Section 421.

Sec.  42.1  [Amended]

0
47. In Sec.  42.1, in paragraph (a) remove ``INS'' and add ``The 
Department of Homeland Security'' in its place.


Sec.  42.2  [Amended]

0
48. In Sec.  42.2, in paragraph (g)(2) remove ``INS'' and add ``DHS'' 
in its place, and remove ``Attorney General'' and add ``Secretary of 
Homeland Security'' in its place.


Sec.  42.21  [Amended]

0
49. In Sec.  42.21, in paragraph (a) and (b) remove ``INS'' and add 
``DHS'' in its place wherever it appears.


Sec.  42.31  [Amended]

0
50. In Sec.  42.31, in paragraph (a) remove ``INS'' and add ``DHS'' in 
its place.


Sec.  42.32  [Amended]

0
51. In Sec.  42.32, in paragraphs (a)(1), (b)(1), (c)(1), (d)(1)(i)(A), 
(d)(3)(i), (d)(4), (d)(5)(i), (d)(6), (d)(7)(i), (d)(8)(i), 
(d)(9)(i)(A) and (e)(1), remove ``INS'' and add ``DHS'' in its place 
wherever it appears.


Sec.  42.43  [Amended]

0
52. In Sec.  42.43, in paragraph (a) and (b)(1) remove ``INS'' and add 
``DHS'' in its place wherever it appears.


Sec.  42.51  [Amended]

0
53. In Sec.  42.51, in paragraph (b), remove ``INS'' and add ``DHS'' in 
its place.


Sec.  42.63  [Amended]

0
54. In Sec.  42.63, in paragraphs (a)(1), (a)(2),(b) and (c) remove 
``Form OF-230'' and add ``Form DS-230'' in its place wherever it 
appears.


Sec.  42.67  [Amended]

0
55. In Sec.  42.67, in paragraphs (a)(2) and (c)(1) remove ``Form OF-
230'' and add ``Form DS-230'' in its place wherever it appears.


Sec.  42.71  [Amended]

0
56. In Sec.  42.71, in paragraph (a) remove ``INS'' and add ``DHS'' in 
its place.


Sec.  42.73  [Amended]

0
57. In Sec.  42.73:
0
A. In paragraphs (a) and (a)(6), remove ``Form OF-155A'' and add ``Form 
OF-55B in its place wherever it appears;''
0
B. In paragraph (b) remove ``Form OF-155A'' and add ``Form OF-155B'' in 
its place, and remove ``Form OF-230'' and add ``Form DS-230'' in its 
place;
0
C. In paragraph (c) remove ``Form OF-155A'' and add ``Form OF-155B'' in 
its place, and remove ``Form OF-230'' and add ``Form DS-230'' in its 
place, and remove ``INS'' and add ``DHS'' in its place;
0
D. In paragraph (d) remove ``Form OF-155A'' and add ``Form OF-155B'' in 
its place.


Sec.  42.74  [Amended]

0
58. In Sec.  42.74, in paragraphs (b)(2) and (c) remove ``Form OF-
155A'' and add ``Form OF-155B'' wherever it appears.


Sec.  42.81  [Amended]

0
59. In Sec.  42.81, in paragraph (b) remove ``Form OF-230'' and add 
``Form DS-230'' in its place wherever it appears.


Sec.  42.82  [Amended]

0
60. In Sec.  42.82, in paragraph (e) remove ``INS'' and add ``DHS'' in 
its place.

    Dated: May 17, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E6-8165 Filed 6-14-06; 8:45 am]
BILLING CODE 4710-06-P