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[Federal Register: December 17, 2002 (Volume 67, Number 242)]
[Rules and Regulations]               
[Page 77160-77161]
From the Federal Register Online via GPO Access []



22 CFR Part 42

[Public Notice 4219]

Documentation of Immigrants--Visa Registration

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: This rule amends the Department's regulation that defines 
``registration'' in connection with an application for an immigrant 
visa. This change is necessary because the current definition, as 
written, may be interpreted as being inconsistent with other sections 
of thisPart concerning the Secretary of State's authority to cancel the 
registration of an alien who fails to apply for an immigrant visa 
within a specific one-year time period. When this rule becomes 
effective the ``registration'' of an immigrant visa applicant will be 
defined to mean the filing of an immigrant visa form (DS-230), when 
duly executed, or the transmission by the Department to the alien of a 
notification of the availability of an immigrant visa, whichever occurs 

EFFECTIVE DATE: December 17, 2002.

andRegulations Division, 202-663-1206.


What Statutes Require Registration and Termination of Registration?

    The registration of every immigrant alien in connection with the 
alien's visa application is required under Section 221(b) of the 
Immigration and Nationality Act (INA).Section 203(g) of the INA 
requires that the Secretary of State terminate an alien's registration 
if he or she fails to apply for an immigrant visa within one year 
following notification that a visa is available.

What Procedures Have Been Used To Register An Alien and To Terminate an 
Alien's Registration?

    In order to make its procedures conform to changes in the 
Immigration Act of 1990 (Pub. L. 101-649), the Department published 
several amendments to its regulations on October 1, 1991.(See 56 FR 
49678). The amendments revised, among other things, the regulation to 
allow a consular officer to begin termination of an alien's 
registration for an immigrant visa if the alien failed to apply within 
one year from the date of transmission of the consular officer's 
notification to the alien that a visa was available (see 22 CFR 42.83). 
In making this revision, however, the Department did not also amend its 
corresponding definition of ``registration.'' Therefore, the Department 
is publishing this rule to correct this oversight. TheDepartment has 
been applying this definition in its daily practice since 1991.

Regulatory Analysis and Findings

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)(3)(B) and (d)(3). The amendments reflect a change in the 
Department's procedures rather than a change in policy.

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 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 
SmallBusiness RegulatoryEnforcement 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.

[[Page 77161]]

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 recordkeeping 
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, for the reasons set forth in the preamble part 42 is 
amended as follows:


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

    Authority: 8 U.S.C. 1104.

    2. Revise paragraph (b) of Sec.  42.67 to read as follows:

Sec.  42.67  Execution of application, registration, and 

* * * * *
    (b) Registration. The alien shall be considered to be registered 
for the purposes of INA 221(b) and 203(g) upon the filing of Form DS-
230, when duly executed, or the transmission by the Department to the 
alien of a notification of the availability of an immigrant visa, 
whichever occurs first.
* * * * *

    Dated: December 2, 2002.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-31686 Filed 12-16-02; 8:45 am]