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[Federal Register: January 11, 2002 (Volume 67, Number 8)]
[Rules and Regulations]               
[Page 1415-1416]
From the Federal Register Online via GPO Access []

22 CFR Part 42

[Public Notice 3856]

Documentation of Immigrants Under the Immigration and Nationality 
Act, as Amended--Issuance of New or Replacement Visas

AGENCY: Department of State.

ACTION: Interim rule.
SUMMARY: The Department is updating and clarifying the regulation 
pertaining to the issuance of replacement visas by deleting a citation 
which is no longer in force and making some editorial changes.

DATES: This interim rule is effective January 11, 2002. Written 
comments are invited and must be received on or before March 12, 2002.

ADDRESSES: Written comments may be submitted, in duplicate, to the 
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 Harper ( or 
fax at (202) 663-3898.

SUPPLEMENTARY INFORMATION: The current regulation relating to the 
issuance of replacement visas at 22 CFR 42.74(b) includes a citation to 
``INA 124'' This is an incorrect citation; it is being deleted, rather 
than corrected, because the provisions of the section intended are no 
longer in effect. In addition to the deletion of this citation, 
subsection (b) has been editorially changed to include descriptions of 
the classes of aliens referred to, rather than just a succession of 
statutory citations. Some typographical errors have also been 

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 
60-day 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). This rule does not make substantive changes. Delay of this 
rule for the benefit of public notice and comments is unnecessary 
inasmuch as its substance results from elimination of an incorrect and 
out-dated citation and editorial clarifications only.

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 it 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 

[[Page 1416]]

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 42

    Aliens, Immigrants, Passports and visas.

    Accordingly, the Department of State amends 22 CFR as set forth 


    1. The authority citation for part 42 continues to read:

    Authority: 8 U.S.C. 1104.

    2. Amend Sec. 42.74 by revising paragraph (b)(1) to read as 

Sec. 42.74  Issuance of new or replacement visas.

* * * * *
    (b) Replacement immigrant visa for an immediate relative or for an 
alien subject to numerical limitation.
    (1) A consular officer may issue a replacement visa under the 
original number of a qualified alien entitled to status as an immediate 
relative (INA 201(b)(2)), a family or employment preference immigrant 
(INA 203(a) or (b)), or a diversity immigrant (INA 203(c)), if--
    (i) The alien is unable to use the visa during the period of its 
validity due to reasons beyond the alien's control;
    (ii) The visa is issued during the same fiscal year in which the 
original visa was issued, or in the following year, in the case of an 
immediate relative only, if the original number had been reported as 
    (iii) The number has not been returned to the Department as a 
``recaptured visa number'' in the case of a preference or diversity 
    (iv) The alien pays anew the statutory application and issuance 
fees; and
    (v) The consular officer ascertains whether the original issuing 
office knows of any reason why a new visa should not be issued.
* * * * *

    Dated: November 27, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-269 Filed 1-10-02; 8:45 am]