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[Federal Register: January 11, 2002 (Volume 67, Number 8)]
[Rules and Regulations]               
[Page 1413-1414]
From the Federal Register Online via GPO Access []

22 CFR Part 41

[Public Notice 3858]

Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended--Additional International Organization

AGENCY: Department of State.

ACTION: Interim rule with request for comments.
SUMMARY: This rule adds INTELSAT (following privatization) as an 
``international organization'' to the current definition which includes 
within that term only organizations so designated by the President.

DATES: Effective January 11, 2002. Written comments may be submitted on 
or before March 12, 2002.

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: Elizabeth J. Harper, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1221, e-mail, or fax at 
(202) 663-3898.

SUPPLEMENTARY INFORMATION: Section 301 of Public Law 106-396 (47 U.S.C. 
763, October 30, 2000) provides that certain aliens who were officers 
or employees of INTELSAT before its privatization and who had had and 
had maintained the status of ``international organization alien'' under 
the terms of section 101(a)(15)(G) of the Immigration and Nationality 
Act will continue to be eligible for such classification as long as 
they are officers or employees of INTELSAT or any successor or 
separated entity of INTELSAT. The current regulation (22 CFR 41.24) 
defines an ``international organization'' as one designated by the 
President as entitled to the privileges and immunities provided under 
the International Organizations Immunities Act (22 U.S.C. 288). 
Although INTELSAT was and is so designated (while not yet privatized), 
it would appear that its status (and that of separated or successor 
entities) as an international organization for non-immigrant visa 
purposes after privatization would be contingent upon this legislation. 
It is believed, therefore, that the regulation should so specify in the 
interest of clarity.
    No other changes are effected by this regulation.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 

[[Page 1414]]

provision for post-promulgation public comments, based on the ``good 
cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). 
The rule makes no substantive changes in visa operations. It simply 
acknowledges that a different statute conferred the designation of 
``international organization'' in this instance.

Regulatory Flexibility Act

    Pursuant to Sec. 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 is not 
expected to 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 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. Therefore, in accordance with the 
letter to the Department of State of February 4, 1994, from the 
Director of the Office of Management and Budget, it does not require 
review by the Office of Management and Budget.

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 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, Nonimmigrants, Passports and visas.

    Accordingly, the Department of State amends 22 CFR Chapter I as 


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

    Authority: 8 U.S.C. 1104.

    2. Amend Sec. 41.24 by revising paragraph (a) to read as follows:

Sec. 41.24  International organization aliens.

    (a) Definition of international organization. ``International 
organization'' means: (1) Any public international organization which 
has been designated by the President by Executive Order as entitled to 
enjoy the privileges, exemptions, and immunities provided for in the 
International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 
288) and
    (2) INTELSAT, following privatization, and any successor or 
separated entity thereof, as so designated by section 301 of Public Law 
* * * * *

    Dated: November 28, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-271 Filed 1-10-02; 8:45 am]