[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Rules and Regulations]
[Pages 56729-56730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22956]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 6378]


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule establishes regulatory exceptions to travel 
restrictions, established in the Tom Lantos Block Burmese JADE Act, 
that were put in place for Burmese nationals. The rule allows the 
Department to exempt certain Burmese diplomats and officials from the 
travel restrictions.

DATES: Effective Date: This rule is effective September 30, 2008.

FOR FURTHER INFORMATION CONTACT: Lawrence B. Kurland, Jr., Legislation 
and Regulations Division, Visa Services, Department of State, 2401 E 
Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1202, e-
mail ([email protected]).

SUPPLEMENTARY INFORMATION: On July 29, 2008, the President signed into 
law the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) 
Act of 2008, Public Law 110-286, authorizing a broad range of new 
measures against the Burmese regime. Among these measures is a new 
category of visa inadmissibility, detailed in Section 5(a) of the Act. 
However, the Act permits the Secretary of State to issue, by 
regulation, exceptions to Section 5(a), in order for the United States 
and Burma to operate their diplomatic missions, to allow United States 
citizens to visit Burma, to permit authorized Burmese to conduct 
business at the United Nations, or as required by other applicable 
international agreements. Since diplomatic travel must often be 
approved in a short time frame, it would be impractical to issue a new 
regulation for each instance of Burmese diplomatic travel. This rule, 
then, will allow the Secretary to comply with the regulatory 
requirement set out in Section 5(f)(2) of the Act while making 
exceptions to Section 5(a) in accordance with Department of State 
regulations.

Regulatory Findings

Administrative Procedure Act

    This regulation involves a foreign affairs function of the United 
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not 
subject to the rule making procedures set forth in 5 U.S.C. 553.

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 who seek consideration for 
nonimmigrant visas and does not affect any small entities, as defined 
in 5 U.S.C. 601(6).

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 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.

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 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.

Executive Order 12866

    Although this rule is not subject to Executive Order 12866, the 
Department has reviewed it to ensure its consistency with the 
regulatory philosophy and principles set forth in the Executive Order, 
and has determined that the benefits of the rule justify its costs.

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.

Paperwork Reduction Act

    This rule does not impose 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, Immigration, Nonimmigrants, Visas.


0
Accordingly, for the reasons set forth above, 22 CFR part 41 is amended 
as follows:

PART 41--[AMENDED]

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

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458).


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2. Section 41.21 is amended by adding paragraph (d)(4):


Sec.  41.21  Foreign officials--general.

    (d) * * *
    (4) Notwithstanding the provisions of Section 5(a) and consistent 
with Section 5(f)(2) of the Tom Lantos Block Burmese JADE (Junta's 
Anti-Democratic Efforts) Act of 2008, Public Law 110-286, visas may be 
issued to visa applicants who are otherwise ineligible for a visa to 
travel to the United States under section 5(a)(1) of the Act:
    (i) To permit the United States and Burma to operate their 
diplomatic

[[Page 56730]]

missions, and to permit the United States to conduct other official 
United States Government business in Burma;
    (ii) To permit the United States to comply with the United Nations 
Headquarters Agreement and other applicable international agreements.

    Dated: September 22, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E8-22956 Filed 9-29-08; 8:45 am]
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