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[Federal Register: February 28, 2001 (Volume 66, Number 40)]
[Rules and Regulations]               
[Page 12737-12738]
From the Federal Register Online via GPO Access []

22 CFR Part 41

[Public Notice 3568]
RIN 1400 AA-96

Bureau of Consular Affairs; Visas: Reissuance of O and P 
Nonimmigrant Visas

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.
SUMMARY: This rule amends the Department's regulation which allows 
designated officers in the Directorate for Visa Services to reissue 
certain categories of nonimmigrant visas for aliens who are maintaining 
status and intend to depart the United States and reenter in that 
status after a temporary absence abroad. This regulation will add ``O'' 
and ``P'' visas to those categories that can be ``revalidated'' in the 
United States. The Department is also taking this opportunity to make 
an editorial amendment substituting ``Deputy Assistant Secretary for 
Visa Services'' for ``Director of the Visa Office.'' Some years ago, as 
part of an internal administrative reorganization, the title ``Director 
of the Visa Office'' was replaced by the title ``Deputy Assistant 
Secretary for Visa Services.'' The powers, duties and responsibilities 
of the position have not changed; only the title. There is, thus, no 
substantive significance to this substitution.

DATES: This rule takes effect on February 28, 2001.

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


What Is the Authority for Reissuing Visas?

    The Department of State regulation at 22 CFR 41.111(b) authorizes 
the Director of the Visa Office and such officers of the Department of 
State as he or she may designate for such purpose to reissue 
nonimmigrant visas for aliens in certain nonimmigrant visa 
classifications who meet the requirements set forth in that section. 
The purpose of this authority, in part, is to provide a service to the 
international business community.

Why Is the Regulation Being Amended?

    Section 207(a)(3) of the Immigration Act of 1990, (Pub. L, 191-649) 
amended INA 101(a)(15) by adding two new classes of nonimmigrant 
temporary workers, ``O'', aliens of extraordinary ability in the 
sciences, arts, education, business and athletics, and ``P'', 
internationally recognized athletes, and certain artists and 
entertainers. Since that time, the Department has been reissuing ``O'' 
and ``P'' visas. This rule codifies this long-established practice that 
complements our existing authority.

Final Rule

How Is the Department Amending Its Regulation?

    The Department is amending 22 CFR 41.111(b) by adding the ``O'' and 
``P'' visas to those categories of visas that the Department currently 

Administrative Procedure Act

    The Department's implementation of this regulation as a final rule 
is based upon the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) 
and (d)(3). Since the Department is providing an administrative service 
by reissuing visas in the United States for the benefit of aliens who 
are currently maintaining status in a nonimmigrant category who wish to 
travel temporarily abroad by reissuing visas in the United States, the 
Department believes that solicitation of

[[Page 12738]]

public comments would serve no purpose.

Regulatory Flexibility Act

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

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 or more 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 13132

    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 warrant the preparation of a 
federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements. The information collection requirement (Form OF-156) 
contained by reference in this rule was previously approved for use by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports and visas.

    Accordingly, the Department amends 22 CFR part 41 as follows:


    1. The authority citation for Part 41 is revised to read as 

    Authority: 8 U.S.C. 1104; 22 U.S.C. 2651a.

    2. Revise Sec. 41.111(b) introductory text and (b)(2) to read as 

Sec. 41.111  Authority to issue visa.

    (b) Issuance in the United States in certain cases. The Deputy 
Assistant Secretary for Visa Services and such officers of the 
Department as the former may designate are authorized, in their 
discretion, to issue nonimmigrant visas, including diplomatic visas, 
* * * * *
    (2) Other qualified aliens who:
    (i) Are currently maintaining status in the E, H, I, L, O, or P 
nonimmigrant category;
    (ii) Intend to reenter the United States in that status after a 
temporary absence abroad; and
    (iii) Who also present evidence that:
    (A) They were previously issued visas at a consular office abroad 
and admitted to the United States in the status which they are 
currently maintaining; and
    (B) Their period of authorized admission in that status has not 

    Dated: January 21, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 01-4769 Filed 2-27-01; 8:45 am]

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