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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Rules and Regulations]               
[Page 36112-36113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy09-6]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 6676]

 
Foreign Officials: Definition of Immediate Family Members, as 
Amended

AGENCY: State Department.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: As authorized the Immigration and Nationality Act this rule 
amends the definition of ``immediate family'' for the Foreign 
Government Official nonimmigrant visa category.

DATES: Effective Date: This rule is effective July 22, 2009.

FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and 
Regulations Division, Visa Services, Department of State, 2401 E 
Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1202, e-
mail (ProsnikLA@state.gov).

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

    The Secretary of State has the authority and responsibility for the 
execution of the foreign policy of the United States. In the exercise 
of this authority and responsibility, this rule amends the definition 
of ``immediate family'' for the Foreign Government Official category of 
nonimmigrants as authorized by section 101(a)(15)(A) of the Immigration 
and Nationality Act [8 U.S.C 1101]. The term ``immediate family'' 
previously required that immediate family members other than the spouse 
and unmarried sons and daughters be related to the principal or spouse 
by blood, marriage or adoption. The definition now includes, upon 
authorization from the Department on a case by case basis, any other 
alien who is not a member of some other household; will reside 
regularly in the household of the principal alien; and is recognized as 
a family member of the principal alien by the sending Government as 
demonstrated by eligibility for rights and benefits from that 
Government, such as the issuance of a diplomatic or official passport 
or travel or other allowances. This will allow the Department greater 
flexibility in responding to requests by foreign governments to issue a 
diplomatic visa to a person who regularly resides with and is a member 
of the household of a qualified principal alien and is considered by 
the principal alien and the sending Government to be a member of the 
immediate family of the principal alien.

Regulatory Findings

Administrative Procedure Act
    This regulation involves a foreign affairs function of the United 
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not 
subject to the rule making procedures set forth at 5 U.S.C. 553.
Regulatory Flexibility Act/Executive Order 13272: Small Business
    Because this final rule is exempt from notice and comment 
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory 
flexibility analysis requirements set forth at sections 603 and 604 of 
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, 
consistent with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)), the Department certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This regulation does not affect any small entities, as defined in 5 
U.S.C. 601(6).
The Unfunded Mandates Reform Act of 1995
    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires 
agencies to prepare a statement before proposing any rule that may 
result in an annual expenditure of $100 million or more by State, 
local, or tribal governments, or by the private sector. This rule will 
not result in any such expenditure, nor will it significantly or 
uniquely affect small governments.

[[Page 36113]]

The Small Business Regulatory Enforcement Fairness Act of 1996
    This rule is not a major rule as defined by 5 U.S.C. 804, for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. 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 adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based companies to compete 
with foreign based companies in domestic and import markets.
Executive Order 12866
    The Department of State has reviewed this regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of the 
regulation justify its costs. The Department does not consider the 
regulation to be an economically significant action within the scope of 
section 3(f)(1) of the Executive Order since it is not likely to have 
an annual effect on the economy of $100 million or more or to adversely 
affect in a material way the economy, a sector of the economy, 
competition, jobs, the environment, public health or safety, or state, 
local or tribal governments or communities.
Executive Orders 12372 and 13132: Federalism
    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Nor will the rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.
Executive Order 12988: Civil Justice Reform
    The Department has reviewed the legislation in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.
Paperwork Reduction Act
    This rule does not impose information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports 
and visas.


0
For the reasons set forth in the preamble, the Department of State 
amends 22 CFR part 41 as follows:

PART 41--[AMENDED]

0
1. Revise paragraph (a)(3) of Sec.  41.21 is to read as follows:


Sec.  41.21  Foreign Officials--General.

    (a) * * *
    (3) Immediate family, as used in INA 101(a)(15)(A), 101(a)(15)(G), 
and 212(d)(8), and in classification under the NATO-1 through NATO-5 
visa symbols, means the spouse and unmarried sons and daughters, 
whether by blood or adoption, who are not members of some other 
household, and who will reside regularly in the household of the 
principal alien. Under the INA 101(a)(15)(A) and 101(a)(15)(G) visa 
classifications, ``immediate family'' also includes individuals who:
    (i) Are not members of some other household;
    (ii) Will reside regularly in the household of the principal alien;
    (iii) Are recognized as immediate family members of the principal 
alien by the sending Government as demonstrated by eligibility for 
rights and benefits, such as the issuance of a diplomatic or official 
passport, or travel or other allowances; and
    (iv) Are individually authorized by the Department.
* * * * *

    Dated: July 14, 2009.
Michael D. Kirby,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E9-17262 Filed 7-21-09; 8:45 am]
BILLING CODE 4710-06-P



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