82 FR 41883 - Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
DEPARTMENT OF STATE Federal Register Volume 82, Issue 170 (September 5, 2017)
Federal Register Volume 82, Issue 170 (September 5, 2017)
| Page Range | 41883-41885 | |
| FR Document | 2017-18750 |
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)] [Rules and Regulations] [Pages 41883-41885] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18750] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice 9580] RIN 1400-AD30 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule clarifies procedures for waiver of documentary requirements due to an unforeseen emergency for nonimmigrants seeking admission to the United States. DATES: This rule is effective on October 5, 2017. FOR FURTHER INFORMATION CONTACT: Megan B. Herndon, Legislation and Regulations Division, Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, Department of State, 600 19th St. NW., Washington, DC 20006 (202) 485-7440. [[Page 41884]] SUPPLEMENTARY INFORMATION: Background This rulemaking finalizes procedures in 22 CFR 41.2, regarding waiver of documentary requirements, due to an unforeseen emergency, for nonimmigrants seeking admission to the United States. The notice of proposed rulemaking (NPRM) was published on March 8, 2016, with a 60- day public comment period. 81 FR 12050. Responses to the comments are summarized below. This rulemaking substantially reinstates a 1999 Department of State regulatory amendment that was invalidated by court order in United Airlines, Inc. v. Brien, 588 F.3d 158 (2d Cir. 2009). Additional background is contained in the Department of State NPRM. 81 FR at 12050. Further background is in the parallel NPRM from the Department of Homeland Security (DHS). 81 FR 12032. The Department is acting jointly with DHS in issuing these final rules. Public Comments The Department of State received six public comments on this rule. One was supportive. Three were criticisms of U.S. immigration policy, and thus outside the scope of this rulemaking. One commenter requested that the Department provide a ``detailed comparison of the rule that was rejected by the Court of Appeals.'' The 1994 rule that was reinstated by the Court of Appeals provided that a visa and passport are not required if, prior to the alien's embarkation abroad or upon arrival at a port of entry, the INS concludes that the alien is unable to present the required documents because of an unforeseen emergency. The 1999 rule removed that text and provided that, except in cases cited in other subsections of Sec. 41.2, all nonimmigrants are required to present a valid, unexpired visa and passport upon arrival in the United States. The 1999 rule allowed aliens to apply for a waiver of these requirements (i.e., the requirements were waived, but not removed) if, prior to embarkation or upon arrival at a port of entry, the INS determined they were unable to present the required documents because of an unforeseen emergency. The former (1994) rule did not adequately implement section 273 of the Immigration and Nationality Act (INA), 8 U.S.C. 1323, which authorized the legacy INS to fine carriers that transported nonimmigrants without the appropriate documentation. The 1999 rule corrected this, and provided support for DHS to impose fines. This rule substantially reinstates the 1999 rule, which was invalidaded by the Court of Appeals only on procedural grounds relating to the way the 1994 rule was amended. The commenter also requested an explanation of the term, ``officer in charge of the port of entry.'' The term ``officer in charge of the port of entry'' refers to a U.S. Customs and Border Protection (CBP) district director. Individuals seeking admission into the United States are inspected at ports of entry by CBP officers who determine their admissibility. The CBP officer is responsible for reviewing travel documents, visas, and other credentials. The rule has been amended to refer to the CBP district director instead of the officer in charge or the DHS district director. Another commenter stated that it was unclear why this rule punishes carriers for transporting individuals without proper documentation, some of whom will be admitted legally into the United States. This rule is an implementation of section 273 of the INA, 8 U.S.C. 1323, which provides for penalties against carriers that transport an individual without proper documentation. Under the statute, a penalty may be remitted or refunded if the Secretary of Homeland Security is satisfied that, prior to the departure of the vessel or aircraft from the last port outside the United States, the carrier did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a valid passport or visa was required. See 8 U.S.C. 1323(c). Accordingly, the eventual admission of the individual to the United States does not preclude the imposition of the fine. Summary After consideration of the public comments, the Department of State is clarifying the title of the responsible CBP official but otherwise adopts the proposed rule as final. DHS is finalizing its parallel rule in today's Federal Register. Regulatory Findings A. Administrative Procedure Act (APA) The Department of State published this rule as an NPRM on March 8, 2016, and provided 60 days for public comment. 81 FR 12050. The rule will be effective 30 days after publication, in accordance with the APA. B. Regulatory Flexibility Act/Executive Order 13272: Small Business The Department of State has reviewed this rulemaking and certifies that this rule will not have a significant economic impact on a substantial number of small entities. C. The Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, 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 sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments. D. 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. 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. E. Executive Orders 12866 and 13771 The Department of State does not assess or collect fines under INA section 273. Neither this rule, nor prior versions of this regulation, address fines against carriers. However, the November 20, 2009, opinion from the United States Circuit Court of Appeals for the Second Circuit requires joint rulemaking by the Department of State and DHS for the DHS rule to take effect. United Airlines, Inc. v. Brien, 588 F.3d 158, 179 (2d Cir. 2009). For a full economic analysis, see the parallel DHS final rule for 8 CFR 212.1(g), RIN 1651-AA97, published in this issue of the Federal Register. The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs.'' See OMB Memorandum M-17-21, ``Guidance Implementing Executive Order 13771'' of April 5, 2017. F. Executive Order 13563 The Department of State has considered this rule in light of Executive Order 13563 and affirms that [[Page 41885]] this regulation is consistent with the guidance therein. G. 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. H. Executive Order 13175--Consultation and Coordination With Indian Tribal Governments The Department of State 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. I. Paperwork Reduction Act This rule does not impose or revise information collections subject to 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, Passports and visas, Students. Accordingly, for the reasons set forth in the preamble, 22 CFR part 41 is amended as follows: PART 41--VISAS--DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 0 1. The authority citation for part 41 is revised to read as follows: Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; 8 U.S.C. 1323; 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. Section 41.2 is amended by revising paragraph (i) to read as follows: Sec. 41.2 Exemption or waiver by Secretary of State and Secretary of Homeland Security of passport and/or visa requirements for certain categories of nonimmigrants. * * * * * (i) Individual cases of unforeseen emergencies. Except as provided in paragraphs (a) through (h) and (j) through (l) of this section, all nonimmigrants are required to present a valid, unexpired visa and passport upon arrival in the United States. A nonimmigrant may apply for a waiver of the visa and passport requirement if, either prior to the nonimmigrant's embarkation abroad or upon arrival at a port of entry, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) district director concludes that the nonimmigrant is unable to present the required documents because of an unforeseen emergency. The CBP district director may grant a waiver of the visa or passport requirement pursuant to INA 212(d)(4)(A), without the prior concurrence of the Department of State, if the CBP district director concludes that the nonimmigrant's claim of emergency circumstances is legitimate and that approval of the waiver would be appropriate under all of the attendant facts and circumstances. * * * * * Carl C. Risch, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2017-18750 Filed 9-1-17; 8:45 am] BILLING CODE 4710-06-P
![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41883
TABLE 6 TO PARAGRAPH (j)(2) OF THIS AD—REPETITIVE INSPECTION INTERVALS FOR MODEL C–295 AIRPLANES—
Continued
Elevator hinge
Manufacturer’s serial No.
C–295 Model/version fitting Compliance time for repetitive eddy current inspections
(MSN) (part number)
C–295M/CH01 ....................... MSN031 through MSN999 in- 95–31193–0503 Before exceeding 1,000 flight cycles since the most recent
clusive. 95–31193–0504 inspection; or before exceeding 1,200 flight hours since
the most recent inspection; whichever occurs first.
C–295M/CH02, OM03 ........... MSN031 through MSN999 in- 95–31193–0503 Before exceeding 1,000 flight cycles since the most recent
clusive. 95–31193–0504 inspection; or before exceeding 1,500 flight hours since
the most recent inspection; whichever occurs first.
C–295MW .............................. MSN031 through MSN999 in- 95–31193–0503 Before exceeding 1,000 flight cycles since the most recent
clusive. 95–31193–0504 inspection; or before exceeding 1,400 flight hours since
the most recent inspection; whichever occurs first.
(k) Corrective Action for Discrepancies principal inspector, or lacking a principal Aragón 404, 28022 Madrid, Spain; fax +34 91
Found During Eddy Current Inspection inspector, the manager of the local flight 585 31 27; email MTA.TechnicalService@
If, during any inspection required by standards district office/certificate holding airbus.com.
paragraph (i)(1), (i)(2), (j)(1), or (j)(2) of this district office. (4) You may view this service information
AD, any crack is detected, as defined in (2) Contacting the Manufacturer: For any at the FAA, Transport Standards Branch,
Airbus Defense and Space S.A. AOT AOT– requirement in this AD to obtain corrective 1601 Lind Avenue SW., Renton, WA. For
actions from a manufacturer, the action must information on the availability of this
CN235–55–0003, dated December 22, 2015;
be accomplished using a method approved material at the FAA, call 425–227–1221.
or AOT AOT–C295–55–0003, dated
by the Manager, International Section, (5) You may view this service information
December 22, 2015; as applicable: Before
Transport Standards Branch, FAA; or the that is incorporated by reference at the
further flight, accomplish applicable
European Aviation Safety Agency (EASA); or National Archives and Records
corrective actions in accordance with the Airbus Defense and Space S.A.’s EASA DOA. Administration (NARA). For information on
instructions of Airbus Defense and Space If approved by the DOA, the approval must
S.A. AOT AOT–CN235–55–0003, dated the availability of this material at NARA, call
include the DOA-authorized signature. 202–741–6030, or go to: http://
December 22, 2015; or AOT AOT–C295–55–
0003, dated December 22, 2015; as (o) Related Information www.archives.gov/federal-register/cfr/ibr-
applicable. Where Airbus Defense and Space locations.html.
(1) Refer to Mandatory Continuing
S.A. AOT AOT–CN235–55–0003, dated Airworthiness Information (MCAI) EASA AD Issued in Renton, Washington, on August
December 22, 2015; or AOT AOT–C295–55– 2016–0075, dated April 19, 2016, for related 22, 2017.
0003, dated December 22, 2015; specifies to information. This MCAI may be found in the Dionne Palermo,
contact Airbus Defense and Space S.A. for AD docket on the Internet at http://
corrective actions, before further flight, Acting Director, System Oversight Division,
www.regulations.gov by searching for and Aircraft Certification Service.
accomplish corrective actions in accordance locating Docket No. FAA–2016–9521.
with the procedures specified in paragraph (2) For more information about this AD, [FR Doc. 2017–18396 Filed 9–1–17; 8:45 am]
(n)(2) of this AD. contact Shahram Daneshmandi, Aerospace BILLING CODE 4910–13–P
(l) Provision Regarding Terminating Action Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue
Accomplishing corrective actions, as SW., Renton, WA 98057–3356; telephone:
required by paragraph (k) of this AD, does DEPARTMENT OF STATE
425–227–1112; fax: 425–227–1149.
not constitute terminating action for the (3) Service information identified in this
repetitive inspections required by paragraphs 22 CFR Part 41
AD that is not incorporated by reference is
(i)(2) and (j)(2) of this AD, unless explicitly available at the addresses specified in [Public Notice 9580]
stated in the approved method of compliance paragraphs (p)(3) and (p)(4) of this AD.
for the corrective action. RIN 1400–AD30
(p) Material Incorporated by Reference
(m) Credit for Previous Actions Visas: Documentation of
(1) The Director of the Federal Register
This paragraph provides credit for the approved the incorporation by reference Nonimmigrants Under the Immigration
actions required by paragraph (g) of this AD, (IBR) of the service information listed in this and Nationality Act, as Amended
if those actions were performed before the paragraph under 5 U.S.C. 552(a) and 1 CFR
effective date of this AD using Airbus part 51. AGENCY: Department of State.
Defense and Space S.A. AOT AOT–CN235– (2) You must use this service information ACTION: Final rule.
55–0001, Revision 1, dated March 6, 2015; or as applicable to do the actions required by
AOT AOT–C295–55–0001, Revision 1, dated this AD, unless this AD specifies otherwise. SUMMARY: This final rule clarifies
May 29, 2014. (i) Airbus Defense and Space S.A. Alert procedures for waiver of documentary
Operators Transmission (AOT) AOT–CN235– requirements due to an unforeseen
(n) Other FAA AD Provisions
55–0001, Revision 2, dated March 10, 2015. emergency for nonimmigrants seeking
The following provisions also apply to this (ii) Airbus Defense and Space S.A. AOT
AD: AOT–CN235–55–0003, dated December 22,
admission to the United States.
(1) Alternative Methods of Compliance 2015. DATES: This rule is effective on October
(AMOCs): The Manager, International (iii) Airbus Defense and Space S.A. AOT 5, 2017.
Section, Transport Standards Branch, FAA,
mstockstill on DSK30JT082PROD with RULES
AOT–C295–55–0001, Revision 2, dated April FOR FURTHER INFORMATION CONTACT:
has the authority to approve AMOCs for this 9, 2015. Megan B. Herndon, Legislation and
AD, if requested using the procedures found (iv) Airbus Defense and Space S.A. AOT
in 14 CFR 39.19. In accordance with 14 CFR AOT–C295–55–0003, dated December 22,
Regulations Division, Legal Affairs,
39.19, send your request to your principal 2015. Office of Visa Services, Bureau of
inspector or local Flight Standards District (3) For service information identified in Consular Affairs, Department of State,
Office, as appropriate. Before using any this AD, contact Airbus Defense and Space, 600 19th St. NW., Washington, DC
approved AMOC, notify your appropriate Services/Engineering Support, Avenida de 20006 (202) 485–7440.
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![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41885
this regulation is consistent with the nonimmigrant may apply for a waiver of FOR FURTHER INFORMATION CONTACT:
guidance therein. the visa and passport requirement if, Ronald M. Gootzeit, (202) 317–6937 (not
either prior to the nonimmigrant’s a toll-free number).
G. Executive Orders 12372 and 13132:
embarkation abroad or upon arrival at a
Federalism SUPPLEMENTARY INFORMATION:
port of entry, the Department of
This regulation will not have Homeland Security (DHS), U.S. Customs Background
substantial direct effects on the States, and Border Protection (CBP) district
on the relationship between the national director concludes that the The temporary regulations that are the
government and the States, or the nonimmigrant is unable to present the subject of this correction are under
distribution of power and required documents because of an section 721(c) of the Code.
responsibilities among the various unforeseen emergency. The CBP district Need for Correction
levels of government. Nor will the rule director may grant a waiver of the visa
have federalism implications warranting or passport requirement pursuant to As published, the temporary
the application of Executive Orders INA 212(d)(4)(A), without the prior regulations contain errors that may
12372 and 13132. concurrence of the Department of State, prove to be misleading and need to be
if the CBP district director concludes clarified.
H. Executive Order 13175—
Consultation and Coordination With that the nonimmigrant’s claim of List of Subjects in 26 CFR Part 1
Indian Tribal Governments emergency circumstances is legitimate
and that approval of the waiver would Income taxes, Reporting and
The Department of State has be appropriate under all of the attendant recordkeeping requirements.
determined that this rulemaking will facts and circumstances.
not have tribal implications, will not Correction of Publication
* * * * *
impose substantial direct compliance Accordingly, 26 CFR part 1 is
costs on Indian tribal governments, and Carl C. Risch,
corrected by making the following
will not pre-empt tribal law. Assistant Secretary for Consular Affairs, correcting amendments:
Accordingly, the requirements of Department of State.
section 5 of Executive Order 13175 do [FR Doc. 2017–18750 Filed 9–1–17; 8:45 am] PART 1—INCOME TAXES
not apply to this rulemaking. BILLING CODE 4710–06–P
I. Paperwork Reduction Act ■ Paragraph 1. The authority citation
for part 1 continues to read in part as
This rule does not impose or revise DEPARTMENT OF THE TREASURY follows:
information collections subject to the
provisions of the Paperwork Reduction Authority: 26 U.S.C. 7805 * * *
Internal Revenue Service
Act, 44 U.S.C., Chapter 35. ■ Par. 2. Section 1.721(c)–1T is
List of Subjects in 22 CFR Part 41 26 CFR Part 1 amended by revising paragraph
[TD 9814]
(b)(10)(vi) to read as follows:
Aliens, Foreign officials, Immigration,
Passports and visas, Students. RIN 1545–BM95 § 1.721(c)–1T Overview, definitions, and
rules of general application (temporary).
Accordingly, for the reasons set forth
in the preamble, 22 CFR part 41 is Transfers of Certain Property by U.S. * * * * *
amended as follows: Persons to Partnerships With Related (b) * * *
Foreign Partners; Correction
(10) * * *
PART 41—VISAS—DOCUMENTATION
AGENCY: Internal Revenue Service (IRS), (vi) An allocation of partnership level
OF NONIMMIGRANTS UNDER THE
Treasury. ordinary income or loss described in
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED ACTION: Final and temporary § 1.751–1(b)(3).
regulations; correcting amendment. * * * * *
■ 1. The authority citation for part 41 is
revised to read as follows: SUMMARY: This document contains ■ Par. 3. Section 1.721(c)–6T is
corrections to the temporary regulations amended by revising the last sentence of
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; (T.D. 9814) that were published in the
8 U.S.C. 1323; Pub. L. 105–277, 112 Stat.
paragraph (d)(2) to read as follows:
Federal Register on Thursday, January
2681–795 through 2681–801; 8 U.S.C. 1185 § 1.721(c)–6T Procedural and reporting
note (section 7209 of Pub. L. 108–458, as
19, 2017 (82 FR 7582). The regulations
address transfers of appreciated requirements (temporary).
amended by section 546 of Pub. L. 109–295).
property by United States persons to * * * * *
■ 2. Section 41.2 is amended by revising partnerships with foreign partners (d) * * *
paragraph (i) to read as follows: related to the transferor. The regulations (2) * * * The partnership must also
§ 41.2 Exemption or waiver by Secretary of override the rules providing for attach to its Form 1065 a Schedule K–
State and Secretary of Homeland Security nonrecognition of gain on a contribution 1 (Form 1065) for each direct or indirect
of passport and/or visa requirements for of property to a partnership in exchange partner that is a related foreign person
certain categories of nonimmigrants. for an interest in the partnership under with respect to the U.S. transferor.
* * * * * section 721(a) of the Internal Revenue
* * * * *
mstockstill on DSK30JT082PROD with RULES
(i) Individual cases of unforeseen Code (Code) pursuant to section 721(c)
emergencies. Except as provided in unless the partnership adopts the Martin V. Franks,
paragraphs (a) through (h) and (j) remedial method and certain other Chief, Publications and Regulations Branch,
through (l) of this section, all requirements are satisfied. Legal Processing Division, Associate Chief
nonimmigrants are required to present a DATES: These corrections are effective Counsel, Procedure and Administration.
valid, unexpired visa and passport upon on September 5, 2017 and applicable on [FR Doc. 2017–18691 Filed 9–1–17; 8:45 am]
arrival in the United States. A January 18, 2017. BILLING CODE 4830–01–P
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Document Created: 2017-09-02 03:24:46
Document Modified: 2017-09-02 03:24:46
| 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 5, 2017. | |
| Contact | Megan B. Herndon, Legislation and Regulations Division, Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, Department of State, 600 19th St. NW., Washington, DC 20006 (202) 485-7440. | |
| FR Citation | 82 FR 41883 | |
| RIN Number | 1400-AD30 | |
| CFR Associated | Aliens; Foreign Officials; Immigration; Passports and Visas and Students |
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