[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35414-35415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12514]


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DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice: 11730]
RIN 1400-AE74


Visas: Diversity Immigrants

AGENCY: Department of State.

ACTION: Final rule.

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[[Page 35415]]

SUMMARY: The Department of State (``Department'') is removing from the 
Code of Federal Regulations amendments that were published in an 
interim final rule (``IFR'') on June 5, 2019, requiring principal 
entrants submitting an electronic diversity visa entry form to provide 
certain information, including the entrant's unique serial or issuance 
number associated with the principal entrant's valid, unexpired 
passport or claim an exemption to the passport requirement. This 
document responds to a ruling of the U.S. District Court for the 
District of Columbia, which vacated the rule.

DATES: The final rule is effective June 10, 2022.

FOR FURTHER INFORMATION CONTACT: Andrea Lage, Acting Senior Regulatory 
Coordinator, Office of Visa Services, Bureau of Consular Affairs, 
Department of State, 600 19th St. NW, Washington, DC 20006, (202) 485-
7586.

SUPPLEMENTARY INFORMATION: On June 5, 2019, the Department issued an 
IFR titled ``Visas: Diversity Immigrants'' in the Federal Register (84 
FR 25989). The IFR amended Department regulations at 22 CFR 42.33(b)(1) 
to require a Diversity Visa (``DV'') program entrant to provide on the 
electronic DV entry form the unique serial or issuance number 
associated with that entrant's valid, unexpired passport, as well as 
the passport's country or authority of issuance, and its expiration 
date, unless the entrant claimed a valid passport exemption pursuant to 
22 CFR 42.2(d), (e), or (g)(2). The IFR also clarified and amended its 
regulation at 22 CFR 42.33(b)(1) to notify entrants that failure to 
accurately include any information required by the regulation would 
result in mandatory disqualification for that selection year.
    On February 4, 2022, the District Court vacated the IFR. E.B. v. 
U.S. Department of State, No. 19-2856 (D.D.C. Feb. 4, 2022). To comply 
with the District Court's ruling, the Department is removing the 
regulatory changes promulgated by the IFR. This rule also makes a 
technical correction to a punctuation mark in 22 CFR 42.33(b)(1)(vii).

Regulatory Analyses

    The regulatory analyses contained in the IFR are adopted herein by 
reference, as supplemented by the following.

Administrative Procedure Act

    This rule is not subject to the requirement under the 
Administrative Procedure Act (APA) to provide notice-and-comment, 
because it falls under the good cause exception, 5 U.S.C. 553(b)(B). 
The good cause exception is satisfied when notice and comment is 
``impracticable, unnecessary, or contrary to the public interest.'' Id. 
This rule is a necessary administrative step to implement the District 
Court's order vacating the IFR. Additionally, because this rule 
implements a court order already in effect, the Department has good 
cause to publish the rule effective immediately and without a notice 
and comment period under 5 U.S.C. 553(d)(3).

Congressional Review Act

    This is not a major rule as defined by 5 U.S.C. 804.

Executive Orders 12866

    The Office of Information and Regulatory Affairs has determined 
that this is a significant, though not economically significant, 
regulatory action under Section 3(f) of Executive Order 12866.

List of Subjects in 22 CFR Part 42

    Immigration, Passports and visas.

    Accordingly, for the reasons stated in the preamble, the Department 
amends 22 CFR part 42 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, 112 Stat. 
2681; Pub. L. 108-449, 118 Stat. 3469; 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, 114 Stat. 825); 8 U.S.C. 1101 (Pub. L. 111-287, 
124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8 
U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561).


0
2. Amend Sec.  42.33 by:
0
a. Revising paragraph (b)(1)(vii); and
0
b. Removing paragraphs (b)(1)(viii) and (ix).
    The revision reads as follows:


Sec.  42.33   Diversity immigrants.

* * * * *
    (b) * * *
    (1) * * *
    (vii) The location of the consular office nearest to the 
petitioner's current residence or, if in the United States, nearest to 
the petitioner's last foreign residence prior to entry into the United 
States.
* * * * *

Rena Bitter,
Assistant Secretary, Consular Affairs, Department of State.
[FR Doc. 2022-12514 Filed 6-9-22; 8:45 am]
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