[Federal Register: January 11, 2002 (Volume 67, Number 8)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
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which is no longer in force and making some editorial changes.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 (email@example.com) 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than corrected, because the provisions of the section intended are no
longer in effect.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
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
(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]
BILLING CODE 4710-06-P
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