Federal Register: September 30, 2008 (Volume 73, Number 190)
DOCID: fr30se08-5 FR Doc E8-22956
DEPARTMENT OF STATE
State Department
CFR Citation: 22 CFR Part 41
DOCUMENT ID: [Public Notice 6378]
NOTICE: RULES
DOCID: fr30se08-5
ACTION: Visas:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
DATES: Effective Date: This rule is effective September 30, 2008.
DOCUMENT SUMMARY:
This rule establishes regulatory exceptions to travel restrictions, established in the Tom Lantos Block Burmese JADE Act, that were put in place for Burmese nationals. The rule allows the Department to exempt certain Burmese diplomats and officials from the travel restrictions.
SUMMARY:
Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended,
SUPPLEMENTAL INFORMATION
On July 29, 2008, the President signed into
law the Tom Lantos Block Burmese JADE (Junta's AntiDemocratic Efforts)
Act of 2008, Public Law 110286, authorizing a broad range of new
measures against the Burmese regime. Among these measures is a new
category of visa inadmissibility, detailed in Section 5(a) of the Act.
However, the Act permits the Secretary of State to issue, by
regulation, exceptions to Section 5(a), in order for the United States
and Burma to operate their diplomatic missions, to allow United States
citizens to visit Burma, to permit authorized Burmese to conduct
business at the United Nations, or as required by other applicable
international agreements. Since diplomatic travel must often be
approved in a short time frame, it would be impractical to issue a new
regulation for each instance of Burmese diplomatic travel. This rule,
then, will allow the Secretary to comply with the regulatory
requirement set out in Section 5(f)(2) of the Act while making
exceptions to Section 5(a) in accordance with Department of State regulations.
Regulatory Findings
Administrative Procedure Act
This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth in 5 U.S.C. 553. 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 analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of 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. This rule regulates individual aliens who seek consideration for nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).
The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 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. 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, Public Law 104 121. 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 Statesbased companies to compete with foreign based companies in domestic and import markets. Executive Order 12866
Although this rule is not subject to Executive Order 12866, the Department has reviewed it to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Order, and has determined that the benefits of the rule justify its costs. 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 No. 12372 and No. 13132.
Paperwork Reduction Act
This rule does not impose information collection requirements under 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, Nonimmigrants, Visas.
Accordingly, for the reasons set forth above, 22 CFR part 41 is amended as follows:
PART 41[AMENDED]
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105277, 112 Stat. 2681795
through 2681801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108 458).
2. Section 41.21 is amended by adding paragraph (d)(4):
Sec. 41.21 Foreign officialsgeneral.
(d) * * *
(4) Notwithstanding the provisions of Section 5(a) and consistent
with Section 5(f)(2) of the Tom Lantos Block Burmese JADE (Junta's
AntiDemocratic Efforts) Act of 2008, Public Law 110286, visas may be
issued to visa applicants who are otherwise ineligible for a visa to
travel to the United States under section 5(a)(1) of the Act:
(i) To permit the United States and Burma to operate their diplomatic
[[Page 56730]]
missions, and to permit the United States to conduct other official United States Government business in Burma;
(ii) To permit the United States to comply with the United Nations
Headquarters Agreement and other applicable international agreements.
Dated: September 22, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E822956 Filed 92908; 8:45 am]
BILLING CODE 471006P
FOR FURTHER INFORMATION CONTACT
Lawrence B. Kurland, Jr., Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L603D, Washington, DC 205200106, (202) 6631202, e mail (KurlandLB@state.gov).