81 FR 63694 - Visas: Diversity Immigrants
DEPARTMENT OF STATE Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63694-63695 | |
| FR Document | 2016-22365 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Rules and Regulations] [Pages 63694-63695] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22365] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 42 [Public Notice: 9700] RIN 1400-AD98 Visas: Diversity Immigrants AGENCY: State Department. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule is promulgated to clarify that photographs submitted as part of a diversity visa lottery entry package must have been taken no more than six months before the date the entry is made and prohibit applicants from wearing eyeglasses in photographs. DATES: This rule is effective on October 17, 2016. FOR FURTHER INFORMATION CONTACT: Andrea Lage, Legislation and Regulations Division, Visa Services, Bureau of Consular Affairs, Department of State, 600 19th St. NW., Washington, DC 20006, (202) 485- 7585. SUPPLEMENTARY INFORMATION: What changes are in the amended rule? The Diversity Immigrant Visa Program is administered annually by the Department of State (``Department''). Section 203(c) of the Immigration and Nationality Act (INA), 8 U.S.C. 1153(c), provides for a class of immigrants known as ``diversity immigrants'' from countries with historically low rates of immigration to the United States. From millions of applicants, certain individuals are selected through a randomized computer drawing (``selectees'') for consideration for one of the 50,000 available diversity visa numbers. These selectees are then given the opportunity to apply for a diversity immigrant visa or if present in the United States to apply for adjustment of status. To qualify for a visa, these ``selectees'' must meet certain requirements provided for at INA 203(c), 8 U.S.C. 1153(c), and 22 CFR 42.33. Previously, 22 CFR 42.33(b)(2) required that photographs submitted with the diversity visa petition to be ``recent.'' 22 CFR 42.33(b)(2)(vii) only prohibited the wearing of sunglasses and other paraphernalia in photographs. The Department is amending the rule by adding a new subparagraph at Sec. 42.33(b)(2)(iv) to require that the photograph be taken no more than six months prior to the date of the submission, and amending the photograph requirement to prohibit eyeglasses. The Department is also making a minor change by replacing ``electronic entry form'' with ``petition'' in the opening sentence of Sec. 42.33(b)(2) to be consistent with the other parts of Sec. 42.33(b). Why is the Department promulgating this rule? The Department receives unauthorized entries for the diversity visa lottery each year, including entries submitted by criminal enterprises. Requiring a new photograph be submitted each year reduces the ability for a third party to submit entries without an applicant's knowledge. The added specificity also will support the Department's practice of automatically disqualifying any applications for which a duplicate photograph was submitted, which also reduces the possibility of fraud, including fraud committed by criminal enterprises. Regulatory Findings Administrative Procedure Act This regulation is exempt from the Administrative Procedure Act (APA) as it involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is exempt from the requirements of 5 U.S.C. 553. Since this rulemaking is exempt from section 553, the provisions of 5 U.S.C. 553(d) do not apply, and this rulemaking is effective immediately. 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 Act (5 U.S.C. 603 and 604). Nonetheless, consistent with 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. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (codified at 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. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804. The Department is aware of no monetary effect on the U.S. economy that will result from this rulemaking. Executive Orders 12866 and 13563 The Department 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 this regulation outweigh any cost. The Department has considered this rule in light of Executive Order 13563 and affirms that this regulation is consistent with the guidance therein. The Department does not consider this rule to be a significant rulemaking 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. The rule will not have federalism implications warranting the application of Executive Orders 12372 and 13132. Executive Order 12988: Civil Justice Reform The Department has reviewed the regulation in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. 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 pre-empt tribal law. Accordingly, the requirements of Section 5 of Executive Order 13175 do not apply to this rulemaking. [[Page 63695]] Paperwork Reduction Act This rule does not impose any new information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 42 Immigration, Passports and visas. 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 is revised to read as follows: Authority: 22 U.S.C. 2651a; 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, as amended by section 546 of Pub. L. 109-295). 0 2. Amend Sec. 42.33 by: 0 a. Revising the introductory text of paragraph (b)(2); 0 b. Redesignating paragraphs (b)(2)(iv) through (viii) as paragraphs (b)(2)(v) through (ix), and adding a new paragraph (b)(2)(iv); and 0 c. Revising redesignated paragraph (b)(2)(viii). The revisions and addition read as follows: Sec. 42.33 Diversity immigrants. * * * * * (b) * * * (2) Requirements for photographs. The petition will also require inclusion of a photograph of the petitioner and of his or her spouse and all unmarried children under the age of 21 years. The photographs must meet the following specifications: * * * * * (iv) The image must have been taken no more than six months prior to the date of the petition submission. * * * * * (viii) The person in the photograph must not wear eyeglasses, sunglasses, or other paraphernalia that obstruct the view of the face. * * * * * Michele Thoren Bond, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2016-22365 Filed 9-15-16; 8:45 am] BILLING CODE 4710-06-P
![63694 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
information on the availability of this requirements provided for at INA Unfunded Mandates Reform Act of 1995
material at the FAA, call 425–227–1221. 203(c), 8 U.S.C. 1153(c), and 22 CFR
(5) You may view this service information The Unfunded Mandates Reform Act
42.33. of 1995 (codified at 2 U.S.C. 1532)
that is incorporated by reference at the
National Archives and Records Previously, 22 CFR 42.33(b)(2) generally requires agencies to prepare a
Administration (NARA). For information on required that photographs submitted statement before proposing any rule that
the availability of this material at NARA, call with the diversity visa petition to be may result in an annual expenditure of
202–741–6030, or go to: http:// ‘‘recent.’’ 22 CFR 42.33(b)(2)(vii) only $100 million or more by State, local, or
www.archives.gov/federal-register/cfr/ibr- prohibited the wearing of sunglasses tribal governments, or by the private
locations.html. and other paraphernalia in photographs. sector. This rule will not result in any
Issued in Renton, Washington, on The Department is amending the rule by such expenditure, nor will it
September 6, 2016. adding a new subparagraph at significantly or uniquely affect small
Michael Kaszycki, § 42.33(b)(2)(iv) to require that the governments.
Acting Manager, Transport Airplane photograph be taken no more than six Small Business Regulatory Enforcement
Directorate, Aircraft Certification Service. months prior to the date of the Fairness Act of 1996
[FR Doc. 2016–22178 Filed 9–15–16; 8:45 am] submission, and amending the
This rule is not a major rule as
BILLING CODE 4910–13–P photograph requirement to prohibit
defined by 5 U.S.C. 804. The
eyeglasses. The Department is also
Department is aware of no monetary
making a minor change by replacing
effect on the U.S. economy that will
DEPARTMENT OF STATE ‘‘electronic entry form’’ with ‘‘petition’’
result from this rulemaking.
in the opening sentence of § 42.33(b)(2)
22 CFR Part 42 to be consistent with the other parts of Executive Orders 12866 and 13563
[Public Notice: 9700] § 42.33(b). The Department has reviewed this
Why is the Department promulgating rule to ensure its consistency with the
RIN 1400–AD98
this rule? regulatory philosophy and principles set
Visas: Diversity Immigrants forth in Executive Order 12866, and has
The Department receives determined that the benefits of this
AGENCY: State Department. unauthorized entries for the diversity regulation outweigh any cost. The
ACTION: Final rule. visa lottery each year, including entries Department has considered this rule in
submitted by criminal enterprises. light of Executive Order 13563 and
SUMMARY: This final rule is promulgated Requiring a new photograph be affirms that this regulation is consistent
to clarify that photographs submitted as submitted each year reduces the ability with the guidance therein. The
part of a diversity visa lottery entry for a third party to submit entries Department does not consider this rule
package must have been taken no more without an applicant’s knowledge. The to be a significant rulemaking action.
than six months before the date the added specificity also will support the
entry is made and prohibit applicants Executive Orders 12372 and 13132:
Department’s practice of automatically Federalism
from wearing eyeglasses in photographs. disqualifying any applications for which
DATES: This rule is effective on October a duplicate photograph was submitted, This regulation will not have
17, 2016. which also reduces the possibility of substantial direct effects on the States,
fraud, including fraud committed by on the relationship between the national
FOR FURTHER INFORMATION CONTACT:
criminal enterprises. government and the States, or the
Andrea Lage, Legislation and
distribution of power and
Regulations Division, Visa Services, Regulatory Findings responsibilities among the various
Bureau of Consular Affairs, Department
levels of government. The rule will not
of State, 600 19th St. NW., Washington, Administrative Procedure Act
have federalism implications warranting
DC 20006, (202) 485–7585.
This regulation is exempt from the the application of Executive Orders
SUPPLEMENTARY INFORMATION: 12372 and 13132.
Administrative Procedure Act (APA) as
What changes are in the amended rule? it involves a foreign affairs function of Executive Order 12988: Civil Justice
The Diversity Immigrant Visa Program the United States and, therefore, in Reform
is administered annually by the accordance with 5 U.S.C. 553(a)(1), is
The Department has reviewed the
Department of State (‘‘Department’’). exempt from the requirements of 5
regulation in light of sections 3(a) and
Section 203(c) of the Immigration and U.S.C. 553. Since this rulemaking is
3(b)(2) of Executive Order 12988 to
Nationality Act (INA), 8 U.S.C. 1153(c), exempt from section 553, the provisions
eliminate ambiguity, minimize
provides for a class of immigrants of 5 U.S.C. 553(d) do not apply, and this
litigation, establish clear legal
known as ‘‘diversity immigrants’’ from rulemaking is effective immediately.
standards, and reduce burden.
countries with historically low rates of Regulatory Flexibility Act/Executive
immigration to the United States. From Executive Order 13175—Consultation
Order 13272: Small Business and Coordination With Indian Tribal
millions of applicants, certain
individuals are selected through a Because this final rule is exempt from Governments
randomized computer drawing notice-and-comment rulemaking under The Department has determined that
(‘‘selectees’’) for consideration for one of 5 U.S.C. 553, it is exempt from the this rulemaking will not have tribal
the 50,000 available diversity visa Regulatory Flexibility Act (5 U.S.C. 603 implications, will not impose
Lhorne on DSK30JT082PROD with RULES
numbers. These selectees are then given and 604). Nonetheless, consistent with substantial direct compliance costs on
the opportunity to apply for a diversity the Regulatory Flexibility Act (5 U.S.C. Indian tribal governments, and will not
immigrant visa or if present in the 605(b)), the Department certifies that pre-empt tribal law. Accordingly, the
United States to apply for adjustment of this rule will not have a significant requirements of Section 5 of Executive
status. To qualify for a visa, these economic impact on a substantial Order 13175 do not apply to this
‘‘selectees’’ must meet certain number of small entities. rulemaking.
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![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63695
Paperwork Reduction Act DEPARTMENT OF DEFENSE ■ 2. Amend § 199.6(b)(4)(xiv)(B) to
remove ‘‘In addition, such a
This rule does not impose any new Office of the Secretary Participation Agreement may not be
information collection requirements signed until an SUDRF has been
under the provisions of the Paperwork 32 CFR Part 199 licensed and operational for at least six
Reduction Act, 44 U.S.C. Chapter 35. months.’’
[DOD–2015–HA–0109]
List of Subjects in 22 CFR Part 42 ■ 3. Revise § 199.6(b)(4)(xix)(A)(2)(ii) to
RIN 0720–AB65 read as follows:
Immigration, Passports and visas.
TRICARE; Mental Health and § 199.6 TRICARE-authorized providers.
For the reasons stated in the Substance Use Disorder Treatment (b) * * *
preamble, the Department amends 22 (4) * * *
AGENCY: Office of the Secretary,
CFR part 42 as follows: (xix) * * *
Department of Defense (DoD).
ACTION: Final rule; technical
(A) * * *
PART 42—VISAS: DOCUMENTATION (2) * * *
OF IMMIGRANTS UNDER THE amendment.
(ii) To qualify as a TRICARE
IMMIGRATION AND NATIONALITY SUMMARY: On September 2, 2016, the authorized provider, OTPs are required
ACT, AS AMENDED Department of Defense published a final to be licensed and operate in substantial
rule (81 FR 61068–61098) titled compliance with state and federal
■ 1. The authority citation for part 42 is TRICARE; Mental Health and Substance regulations.
revised to read as follows: Use Disorder Treatment. DoD is making * * * * *
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; a technical amendment due to the Dated: September 13, 2016.
Pub. L. 105–277, 112 Stat. 2681–795 through discovery of two errors. We noted in the Aaron Siegel,
2681–801; 8 U.S.C. 1185 note (section 7209 preamble of the final rule that we had
Alternate OSD Federal Register Liaison
of Pub. L. 108–458, as amended by section removed the requirements regarding Officer, Department of Defense.
546 of Pub. L. 109–295). capacity (30 percent) and length of time
[FR Doc. 2016–22363 Filed 9–15–16; 8:45 am]
licensed and at full operational status (6
■ 2. Amend § 42.33 by: months) for substance use disorder BILLING CODE 5001–06–P
■ a. Revising the introductory text of rehabilitation facilities (SUDRFs).
paragraph (b)(2); However, we did not remove the
necessary sentence in the regulatory DEPARTMENT OF HOMELAND
■ b. Redesignating paragraphs (b)(2)(iv) SECURITY
through (viii) as paragraphs (b)(2)(v) text.
In a response to a public comment in
through (ix), and adding a new Coast Guard
the preamble of the final rule, we said
paragraph (b)(2)(iv); and
that TRICARE will require opioid
■ c. Revising redesignated paragraph treatment programs (OTPs) to be 33 CFR Part 100
(b)(2)(viii). licensed and operate in substantial [Docket Number USCG–2016–0864]
The revisions and addition read as compliance with state and federal RIN 1625–AA08
follows: regulations. However, we did not make
the necessary change in the regulatory Special Local Regulation; Ohio River,
§ 42.33 Diversity immigrants. text. This technical amendment corrects Owensboro, KY
* * * * * those errors.
DATES: This rule is effective on October AGENCY: Coast Guard, DHS.
(b) * * *
3, 2016. ACTION: Temporary final rule.
(2) Requirements for photographs.
FOR FURTHER INFORMATION CONTACT: Ms.
The petition will also require inclusion SUMMARY: The Coast Guard is
of a photograph of the petitioner and of Patricia Toppings, 571–372–0485. establishing a special local regulation on
his or her spouse and all unmarried SUPPLEMENTARY INFORMATION: This the Ohio River from mile 755.0 to mile
children under the age of 21 years. The technical amendment amends 32 CFR 759.0 in Owensboro, KY on September
photographs must meet the following part 199 to read as set forth in the 30, 2016 through October 2, 2016. This
specifications: amendatory language in this final rule. special regulation is necessary to
* * * * * List of Subjects in 32 CFR Part 199 provide for the safety of life on these
navigable waters near Owensboro, KY,
(iv) The image must have been taken Claims, Dental health, Health care, during the Owensboro Air Show. This
no more than six months prior to the Health insurance, Individuals with rulemaking prohibits transit into,
date of the petition submission. disabilities, Mental health, Mental through, and within the regulated area
* * * * * health parity, Military personnel, unless authorized by the Captain of the
Substance use disorder treatment. Port Ohio Valley or a designated
(viii) The person in the photograph
Accordingly, 32 CFR part 199 is representative.
must not wear eyeglasses, sunglasses, or
amended as follows:
other paraphernalia that obstruct the DATES: This rule is effective from 12
view of the face. PART 199—CIVILIAN HEALTH AND p.m. on September 30, 2016 through
* * * * * MEDICAL PROGRAM OF THE 4:30 p.m. on October 2, 2016.
Lhorne on DSK30JT082PROD with RULES
UNIFORMED SERVICES (CHAMPUS) ADDRESSES: To view documents
Michele Thoren Bond, mentioned in this preamble as being
Assistant Secretary for Consular Affairs, ■ 1. The authority citation for part 199 available in the docket, go to http://
Department of State. continues to read as follows: www.regulations.gov, type USCG–2016–
[FR Doc. 2016–22365 Filed 9–15–16; 8:45 am] Authority: 5 U.S.C. 301; 10 U.S.C. chapter 0864 in the ‘‘SEARCH’’ box and click
BILLING CODE 4710–06–P 55. ‘‘SEARCH.’’ Click on Open Docket
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Document Created: 2016-09-16 00:26:05
Document Modified: 2016-09-16 00:26:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on October 17, 2016. | |
| Contact | Andrea Lage, Legislation and Regulations Division, Visa Services, Bureau of Consular Affairs, Department of State, 600 19th St. NW., Washington, DC 20006, (202) 485- 7585. | |
| FR Citation | 81 FR 63694 | |
| RIN Number | 1400-AD98 | |
| CFR Associated | Immigration and Passports and Visas |
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