83 FR 31451 - Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
DEPARTMENT OF STATE Federal Register Volume 83, Issue 130 (July 6, 2018)
Federal Register Volume 83, Issue 130 (July 6, 2018)
| Page Range | 31451-31451 | |
| FR Document | 2018-14513 |
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)] [Rules and Regulations] [Page 31451] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14513] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice 10425] RIN 1400-AD17 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: As a result of this rule, the Department of State finalizes without change a final rule establishing that a passport and a visa is required of a British, French, or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or has residence in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, if the alien is proceeding to the United States as an agricultural worker. In light of past experience, and to promote consistency of treatment across H-2A agricultural workers, prudent border management requires that these temporary workers obtain a visa, which already is required of most other H-2A agricultural workers. The previous rule created a vulnerability by allowing temporary workers from these countries to enter the United States without a visa. As a consequence of the Department of Homeland Security (DHS) revising its regulations in parallel with State Department actions, temporary workers from these countries will continue to need H-2A visas to enter the United States. DATES: The rule is effective on August 6, 2018. FOR FURTHER INFORMATION CONTACT: U.S. Department of State, Office of Legislation and Regulations, CA/VO/L/R, 600 19th Street NW, Washington, DC 20522, VisaRegs@state.gov. SUPPLEMENTARY INFORMATION: On February 4, 2016, the Department of State (Department) published an interim final rule that would require a British, French, or Netherlands national, or a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has a residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or has residence in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, to obtain a passport and visa if the alien is proceeding to the United States as an agricultural worker. A minor correction was published on February 12, 2016. For further information about this rulemaking, please see the interim final rule, published at 81 FR 5906 and correction, published at 81 FR 7454. Analysis of Comments: Public comments were due on April 4, 2016. The Department received three comments. One comment supported the rule as a necessary security measure. The Department will not make any changes in response to this comment. The remaining two comments were not responsive to the rulemaking. One comment was critical of United States immigration policies gemerally, and the other indicated support for the rule but focused on issues related to domestic agricultural concerns. Accordingly, the rule is final as published. Regulatory Findings The Regulatory Findings included in the interim final rule are incorporated herein. Executive Order 12866 and 13771 OMB has designated this rule ``not significant'' under E.O. 12866. This rule is not subject to the requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because this rule is not significant under E.O. 12866 . The costs of this rulemaking are discussed in the companion DHS rule, RIN 1651-AB09, included elsewhere in this edition of the Federal Register. That discussion is incorporated by reference herein. The Department has reviewed the costs and benefits of 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 rule justify its costs. Accordingly, the interim rule amending 22 CFR part 41 which was published at 81 FR 5906 on February 4, 2016, is adopted as final without change. Dated: June 29, 2018. Carl C. Risch, Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. 2018-14513 Filed 7-5-18; 8:45 am] BILLING CODE 4710-06-P
![Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 31451
intent was to eliminate any confusion without a visa. As a consequence of the reference herein. The Department has
about with whom regulated entities and Department of Homeland Security reviewed the costs and benefits of this
other persons should interact when (DHS) revising its regulations in parallel rule to ensure its consistency with the
complying with these various rules. with State Department actions, regulatory philosophy and principles set
In that document, the FAA assigned temporary workers from these countries forth in Executive Order 12866 and has
amendment number 65–56 to the rule. will continue to need H–2A visas to determined that the benefits of this rule
However, the FAA previously assigned enter the United States. justify its costs.
that amendment number to a final rule DATES: The rule is effective on August Accordingly, the interim rule
that published on December 16, 2014, 6, 2018. amending 22 CFR part 41 which was
entitled ‘‘Elimination of the air traffic published at 81 FR 5906 on February 4,
FOR FURTHER INFORMATION CONTACT: U.S.
control tower operator certificate for 2016, is adopted as final without
Department of State, Office of
controllers who hold a federal aviation change.
Legislation and Regulations, CA/VO/L/
administration credential with a tower R, 600 19th Street NW, Washington, DC Dated: June 29, 2018.
rating on’’ (79 FR 74607). The correct 20522, VisaRegs@state.gov. Carl C. Risch,
amendment number should have been Assistant Secretary, Bureau of Consular
SUPPLEMENTARY INFORMATION: On
65–57A, and this action fixes that error. Affairs, Department of State.
February 4, 2016, the Department of
Correction State (Department) published an interim [FR Doc. 2018–14513 Filed 7–5–18; 8:45 am]
1. On page 9162, in the first column, final rule that would require a British, BILLING CODE 4710–06–P
in the heading under the docket number French, or Netherlands national, or a
correct ‘‘65–56’’ to read ‘‘65–57A’’. national of Antigua, Barbados, Grenada,
Jamaica, or Trinidad and Tobago, who DEPARTMENT OF DEFENSE
Issued under authority provided by 49 has a residence in British, French, or
U.S.C. 106(f), 44701(a), and 44703 in Department of the Navy
Washington, DC, on June 27, 2018.
Netherlands territory located in the
adjacent islands of the Caribbean area,
Dale Bouffiou, 32 CFR Part 763
or has residence in Antigua, Barbados,
Deputy Executive Director, Office of Grenada, Jamaica, or Trinidad and [Docket ID: USN–2018–HQ–0006]
Rulemaking.
Tobago, to obtain a passport and visa if
[FR Doc. 2018–14399 Filed 7–5–18; 8:45 am] RIN 0703–AB00
the alien is proceeding to the United
BILLING CODE 4910–13–P States as an agricultural worker. A Rules Governing Public Access
minor correction was published on
February 12, 2016. AGENCY: Department of the Navy,
DEPARTMENT OF STATE For further information about this Department of Defense.
rulemaking, please see the interim final ACTION: Final rule.
22 CFR Part 41 rule, published at 81 FR 5906 and
correction, published at 81 FR 7454. SUMMARY: This final rule removes DoD’s
[Public Notice 10425]
Analysis of Comments: Public regulation requiring individuals wishing
RIN 1400–AD17
comments were due on April 4, 2016. to visit Kaho‘olawe Island, Hawaii, to
The Department received three receive advance authorization from the
Visas: Documentation of Commanding Officer of Naval Base,
Nonimmigrants Under the Immigration comments. One comment supported the
rule as a necessary security measure. Pearl Harbor before doing so. This part
and Nationality Act, as Amended provided entry procedures for
The Department will not make any
AGENCY: Department of State. changes in response to this comment. individuals wishing to visit Kaho‘olawe
Island, Hawaii, and its adjacent waters
ACTION: Final rule. The remaining two comments were not
due to ongoing military training
responsive to the rulemaking. One
SUMMARY: As a result of this rule, the operations and the presence of
comment was critical of United States
Department of State finalizes without unexploded ordnance (UXO). On
immigration policies gemerally, and the
change a final rule establishing that a November 11, 2003, upon the
other indicated support for the rule but
passport and a visa is required of a completion of UXO clearance and
focused on issues related to domestic
British, French, or Netherlands national, environmental restoration, control of
agricultural concerns. Accordingly, the
or of a national of Antigua, Barbados, access to Kaho‘olawe was passed from
rule is final as published.
Grenada, Jamaica, or Trinidad and the United States to the State of Hawaii.
Tobago, who has residence in British, Regulatory Findings Since that time, Navy has not exercised
French, or Netherlands territory located The Regulatory Findings included in access control to Kaho‘olawe Island or
in the adjacent islands of the Caribbean the interim final rule are incorporated its adjacent waters. This part is no
area, or has residence in Antigua, longer required.
herein.
Barbados, Grenada, Jamaica, or Trinidad DATES: This rule is effective on July 6,
and Tobago, if the alien is proceeding to Executive Order 12866 and 13771 2018.
the United States as an agricultural OMB has designated this rule ‘‘not FOR FURTHER INFORMATION CONTACT:
worker. In light of past experience, and significant’’ under E.O. 12866. This rule Steven James at 703–601–0514.
to promote consistency of treatment is not subject to the requirements of E.O. SUPPLEMENTARY INFORMATION: It has been
across H–2A agricultural workers, 13771 (82 FR 9339, February 3, 2017) determined that publication of this rule
sradovich on DSK3GMQ082PROD with RULES
prudent border management requires because this rule is not significant under removal in the CFR for public comment
that these temporary workers obtain a E.O. 12866 . is impracticable, unnecessary, and
visa, which already is required of most The costs of this rulemaking are contrary to public interest since it is
other H–2A agricultural workers. The discussed in the companion DHS rule, based on removing policies and
previous rule created a vulnerability by RIN 1651–AB09, included elsewhere in procedures that are no longer in effect,
allowing temporary workers from these this edition of the Federal Register. and which have not been in effect for
countries to enter the United States That discussion is incorporated by over 14 years.
VerDate Sep<11>2014 16:23 Jul 05, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/83_FR_31581/page/1.svg)
Document Created: 2018-07-06 00:46:12
Document Modified: 2018-07-06 00:46:12
| 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 | The rule is effective on August 6, 2018. | |
| Contact | U.S. Department of State, Office of Legislation and Regulations, CA/VO/L/R, 600 19th Street NW, Washington, DC 20522, [email protected] | |
| FR Citation | 83 FR 31451 | |
| RIN Number | 1400-AD17 |
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