Addition of Provision for the Registration and Fingerprinting of Nonimmigrants Designated by the Attorney General; Removal of the Requirement for the Registration and Fingerprinting of Certain Nonimmigrants Bearing Iraqi and Kuwaiti Travel Documents

On January 16, 1991, a final rule was published in the Federal Register, at 56 FR 1566, adding a new Sec. 264.3 of Title 8 of the Code of Federal Regulations, requiring the registration and fingerprinting of certain nonimmigrants bearing Iraqi and Kuwaiti travel documents. The requirement was promulgated in response to the United States condemnation of Iraq's invasion of Kuwait, United States sanctions against Iraq, and the theft of thousands of Kuwaiti passports during Iraq's occupation of Kuwait, all of which heightened the potential for domestic anti-United States terrorist activities. Due to the withdrawal of Iraqi forces from Kuwait, and the Government of Kuwait's requirement that all old Kuwaiti passports be replaced with a new version, this requirement was no longer necessary and was removed by an interim rule which was published in the Federal Register on December 23, 1993, at 58 FR 68024. To address future political situations which elevate concern for United States' security and would require the registration and fingerprinting of certain nonimmigrants, the interim rule also added a provision allowing the Attorney General to designate, by public notice published in the Federal Register, certain nonimmigrants of specific countries to be registered and fingerprinted upon arrival in the United States, pursuant to section 263(a)(5) of the Immigration and Nationality Act, 8 U.S.C. 1303(a)(5). The provision was necessary to afford the Attorney General with the flexibility to facilitate implementation of the fingerprinting requirement when responding to specific political situations that threatened the security of the United States. Elsewhere in the same issue of the December 23, 1993, Federal Register, the Service published a notice requiring certain nonimmigrants from Iraq and the Sudan to be registered and fingerprinted upon arrival in the United States. This action was taken in response to increased concern for national security resulting from terrorist attacks and uncovered plots directed by nationals of Iraq and Sudan. The interim rule requested that comments concerning the new provisions be submitted to the Service by January 24, 1994. The Service did not receive any comments and is therefore adopting the interim rule as final without change.

Regulatory Flexibility Act

The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule merely affects a limited number of individuals.

Executive Order 12866

This rule is not considered by the Department of Justice, Immigration and Naturalization Service, to be a ``significant regulatory action'' under Executive Order 12866, section 3(f), Regulatory Planning and Review, and the Office of Management and Budget has waived its review process under section 6(a)(3)(A).

Executive Order 12612

The regulations proposed herein will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

List of Subjects in 8 CFR Part 264

Aliens, Reporting and recordkeeping requirements.

Accordingly, the interim rule amending 8 CFR part 264, which was published in the Federal Register on December 23, 1993, at 58 FR 68024- 68025, is adopted as a final rule without change.

Dated: September 3, 1996. Janet Reno, Attorney General. [FR Doc. 96-22964 Filed 9-9-96; 8:45 am] BILLING CODE 4410-10-M