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[Federal Register: August 29, 2000 (Volume 65, Number 168)]
[Rules and Regulations]               
[Page 52305-52306]
From the Federal Register Online via GPO Access []



22 CFR Part 41

[Public Notice 3399]

Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended--Addition of Department of Labor for 
Approval of Certain Nonimmigrant Petitions

AGENCY: Department of State.

ACTION: Interim rule.


SUMMARY: This rule adds the Department of Labor as the source of 
approved petitions to accord the status of temporary agricultural 
workers, H-2A, in lieu of the Immigration and Naturalization Service 

DATES: This interim rule is effective November 13, 2000. Written 
comments are invited and must be received on or before October 30, 

ADDRESSES: Written comments may be submitted, in duplicate, to the 
Chief, Legislation and Regulations Division, Visa Services, Department 
of State, Washington, DC 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1204, e-mail, or fax at (202) 

SUPPLEMENTARY INFORMATION: The current regulation relating to temporary 
workers, at 22 CFR 41.53(a)(2), requires receipt by a consular officer 
of a petition approved by the INS (or notification of an INS-approved 
extension of stay in H status) as a basis for the issuance of a 
temporary worker visa to an otherwise eligible alien. This interim rule 
amends that regulation to accord with new INS and Department of Labor 
(DOL) regulations. They reflect a recent INS delegation to the 
Department of Labor of the sole authority to approve (or disapprove) 
petitions filed to accord the status of temporary agricultural worker 
on certain aliens. This interim rule will permit consular officers to 
accept petitions in this category approved by the Department of Labor. 
The amendments in this rule consist of an insert relating to the DOL 
approval of such petitions in both 22 CFR 41.53(a)(2) and 41.53(b).

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 
60-day provision for public comments, based on the ``good cause'' 
exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The change 
in INS and DOL regulations will become effective on November 13, 2000, 
as will this rule. That change simplifies and expedites procedures 
which benefit all employers of temporary agricultural workers, and 
therefore is in the interest of the United States. This rule gives 
consular effect to that change. The substance of this rule results 
solely from actions taken by the INS and DOL, over which the Department 
has no control.

Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and the 
Assistant Secretary for Consular Affairs hereby certifies that it is 
not expected to have a significant economic impact on a substantial 
number of small entities and will benefit those that engage temporary 
agricultural workers.

[[Page 52306]]

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year and it will not significantly or uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement 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 significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule 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 131332

    This regulation 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 section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 

List of Subjects in 22 CFR Part 41

    Aliens, Passports and visas.

    Accordingly, the Department of State amends 22 CFR Chapter I as set 
forth below.


    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104

Sec. 41.53   [AMENDED]

    2. Amend Section 41.53 as follows:
    a. In paragraph (a)(2), insert ``, or by the Department of Labor in 
the case of temporary agricultural workers'' following the phrase 
``approval by INS.''
    b. In paragraph (b), insert ``or by the Department of Labor'' 
following ``Immigration and Naturalization Service.''

    Dated: July 27, 2000.
Maura Harty,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 00-22028 Filed 8-28-00; 8:45 am]