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[Federal Register: March 19, 2001 (Volume 66, Number 53)]
[Rules and Regulations]               
[Page 15349-15350]
From the Federal Register Online via GPO Access []



Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 3555]

Visas: Documentation of Immigrants--International Broadcasters

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Interim rule with request for comments.


SUMMARY: This rule incorporates into existing regulation a new special 
immigrant visa classification for certain international broadcasting 
employees of the International Broadcasting Bureau of the Broadcasting 
Board of Governors or grantees of that Board. This addition to the 
regulation results from an amendment to the pertinent legislation. The 
change will permit certain broadcasting employees to receive immigrant 
visas and apply for entry into the United States as immigrants.

DATES: Effective date: This interim rule is effective on April 18, 
    Comment date: Written comments must be submitted on or before May 
18, 2001.

ADDRESSES: Submit comments in duplicate to the Chief, Legislation and 
Regulations Division, Visa Services, Department of State, 20520-0106, 
(202) 663-1204, e-mail, or fax at (202) 663-3898.

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


What Is the Authority for This Rule?

    Pub. L. 106-536 created a new class of special immigrants under INA 
203(b)(4) for international broadcasting employees. Such aliens must be 
seeking to enter the United States to work as a broadcaster for the 
International Broadcasting Bureau of the Broadcasting Board of 
Governors, or for a grantee of the Broadcasting Board of Governors. The 
alien's accompanying spouse and child(ren) are entitled to derivative 
status. The law limits the number of immigrants in this category to 100 
annually, excluding spouses and children for whom there is no numerical 

Interim Rule

How Is the Department Amending its Regulation?

    The Department is amending its regulation at 22 CFR 42.32 by adding 
a new paragraph (d)(8).

What Effect Will This Rule Have on Current Regulations?

    This rule authorizes consular officers to accord fourth preference 
employment-based special immigrant classification to certain 
international broadcasters. As with other classes of fourth preference 
employment-based immigrants, the alien must be the beneficiary of an 
approved petition.

Administrative Procedure Act

    The Department's implementation of this regulation as an interim 
rule is based upon the ``good cause'' exceptions found at 5 U.S.C. 
553(b)(B) and (d)(3). As the amendment to the regulation simply 
implements without interpretation a legislative mandate that provides a 
benefit to aliens by extending special immigrant status to a specific 
class of aliens, the Department has determined that it is unnecessary 
to publish a proposed rule or to solicit comments from the public. In 
view of this benefit and since the amendment applies to visas made 
available in any fiscal year beginning on or after October 1, 2000, the 
rule will be made effective immediately upon publication in the Federal 

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.

[[Page 15350]]

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 

List of Subjects in 22 CFR Part 42

    Aliens, Immigrants, Passports and Visas.


    1. The authority citation for Part 42 shall continue to read:

    Authority: 8 U.S.C. 1104.

    2. Amend Sec. 42.32 by adding a new paragraph (d)(8) to read as 

Sec. 42.32  [Amended]

* * * * *
    (d) * * *
    (8) Certain United States international broadcasting employees.
    (i) Entitlement to status. An alien is classifiable as a special 
immigrant under INA 203(b)(4) as described in INA 101(a)(27)(M), if the 
consular office has received a petition approved by the INS to accord 
such classification, or official notification of such an approval, and 
the consular officer is satisfied from the evidence presented that the 
alien is within the class described in INA 101(a)(27)(M).
    (ii) Entitlement to derivative status. Pursuant to INA 203(d), and 
whether or not named in the petition, the spouse or child of any alien 
classified under INA 203(b)(4) as a special immigrant qualified under 
this section, if not otherwise entitled to an immigrant status and the 
immediate issuance of a visa, is entitled to derivative status 
corresponding to the classification and priority date of the 
beneficiary of the petition.
* * * * *

Dated: December 22, 2000.
Maura Harty,
Acting Assistant Secretary for Consular Affairs, U.S. Department of 
[FR Doc. 01-6477 Filed 3-16-01; 8:45 am]

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