[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Rules and Regulations]
[Pages 38321-38322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12647]


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DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice: 11105]
RIN 1400-AE55


Removal of Regulations Related to Immigrant Visas for Certain 
Expatriates

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: In accordance with Executive Orders 13771 and 13777, which 
direct

[[Page 38322]]

federal agencies to review and eliminate outdated and unnecessary 
regulations, the Department of State (Department) is removing a 
regulation related to issuance of immigrant visas to women expatriates 
who lost citizenship as the result of marrying an alien prior to 1922.

DATES: This rule is effective on June 26, 2020.

FOR FURTHER INFORMATION CONTACT: Taylor Beaumont, Acting Chief, 
Legislation and Regulations Division, Legal Affairs, Office of Visa 
Services, Bureau of Consular Affairs, 600 19th Street NW, Washington, 
DC 20522, 202-485-8910, [email protected].

SUPPLEMENTARY INFORMATION: The Department has identified a regulation 
relating to defunct immigrant visa classifications for certain former 
U.S. citizens that is unnecessary. As a result of Section 3 of the Act 
of March 2, 1907, 34 Stat. 1228, some U.S. citizen women lost their 
United States citizenship as a result of a marriage prior September 22, 
1922. This provision was repealed by the Cable Act of 1922, 42 Stat. 
1022.
    Between 1907 and 1922, some U.S. citizen women lost their U.S. 
citizenship due to their marriage to an alien, or to a U.S. citizen who 
acquired another citizenship. Department regulations at 22 CFR 42.23(a) 
described an immigrant visa classification that was available to such 
women. The last visa issued in this category was issued in 1998, and it 
is unlikely that any person eligible for this category is still living. 
Therefore, the Department is removing this unnecessary regulation.

Regulatory Findings

Administrative Procedure Act

    This rule is issued without prior notice and opportunity to 
comment, with an immediate effective date, pursuant to the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b) and (d). Under 5 
U.S.C. 553(b)(B), agencies are exempt from notice and comment 
rulemaking when an agency finds for good cause that ``notice and public 
procedures are impracticable, unnecessary, or contrary to the public 
interest.'' The APA also authorizes agencies to dispose of a 30-day 
delay in effective date and make a rule effective immediately upon a 
showing of good cause. 5 U.S.C. 553(d)(3). The Department finds that 
good cause exists both to waive prior notice and comment and the 30-day 
delay of effective date on this rule because both are unnecessary. The 
last visa issued within this category was in 1998, and it is unlikely 
that eligible invdividualsindividuals are still living, making this 
rule both outdated and unnecessary. As a result, removal of this rule 
is insignificant in nature and impact, and inconsequential to the 
public. Therefore, in accordance with 5 U.S.C. 553(b) and (d), this 
rule is effective immediately and is not subject to the notice-and-
comment 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 by the Regulatory 
Flexibility Act (5 U.S.C. 603 and 604).

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 in 5 U.S.C. 804, for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness 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 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 and 13771: Reducing Regulation and Controlling 
Regulatory Costs

    The Department does not consider this rule to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order with the 
guidance therein. This rule withdraws defunct regulations and will not 
impose any costs on the public. This rule is an E.O. 13771 deregulatory 
action.

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 12372 and 
13132.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not preempt tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rulemaking.

Paperwork Reduction Act

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

List of Subjects in 22 CFR Part 42

    Aliens, Immigrants, Passports, Visas.

    Accordingly, for the reasons set forth in the preamble, 22 CFR part 
42 is amended as follows:

PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION 
AND NATIONALITY ACT, AS AMENDED

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

    Authority:  8 U.S.C. 1104 and 1182; Pub. L. 105-277; Pub. L. 
108-449; 112 Stat. 2681-795 through 2681-801; The Convention on 
Protection of Children and Co-operation in Respect of Intercountry 
Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 
(1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-
14954, Pub. L. 106-279; Pub. L. 111-287; 8 U.S.C. 1101, 124 Stat. 
3058; 8 U.S.C. 1154, Pub. Law 109-162.


Sec.  42.23  [Amended]

0
2. Amend Sec.  42.23 by removing and reserving paragraph (a).
* * * * *

Carl C. Risch,
Assistant Secretary, Consular Affairs, Department of State.
[FR Doc. 2020-12647 Filed 6-25-20; 8:45 am]
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