[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Rules and Regulations]
[Page 49091-49092]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au08-4]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 6324]
Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended: Fingerprinting
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This final rule amends the Department of State's regulations
relating to the application for a nonimmigrant visa, to generally
require all applicants, with certain exceptions, to provide a set of
ten scanned fingerprints as part of the application process. The
scanning of ten fingerprints of nonimmigrant visa applicants has
already been implemented. For the purposes of verifying and confirming
identity, conducting background checks, and to ensure that an applicant
has not received a visa or entered into the United States under a
different name, the Department of State may use the fingerprints in
order to ascertain from the appropriate authorities whether they have
information pertinent to the applicant's eligibility to receive a visa
and for other purposes consistent with applicable law, regulations, and
Department policy.
DATES: This rule is effective on August 20, 2008.
[[Page 49092]]
FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1202, e-mail (robertsonce3@state.gov).
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
This rule updates the regulations concerning documents and
fingerprints to be provided in support of nonimmigrant visa
applications. This amendment is necessary because regulations currently
in place do not contain information about the general requirement for
nonimmigrant visa applicants to provide ten fingerprints. In response
to the requirements established by the Enhanced Border Security and
Visa Entry Reform Act of 2002, the collection of fingerprints from most
nonimmigrant visa applicants was announced to the public in December
2004 as part of the Biometric Visa Program. At that time, available
technology allowed for efficient capture and comparisons of two
fingerprints by means of scanning (fingerscans). Later, the process was
expanded to 10 fingerscans. Notice of the transition to ten
fingerprints was published in the Federal Register at 72 FR 25351 (4
May 2007).
What effect does this rule change have on the nonimmigrant visa
applicant?
The Biometric Visa Program was introduced gradually, as technology
allowed, and is now in place at all posts. Therefore, this rule change
will have no effect on applicants.
Must all applicants be fingerprinted?
As described in the Federal Register notice, the majority of
nonimmigrant visa applicants are required to be finger-scanned as part
of the application process. There are currently some exceptions to the
fingerprint requirement, including most applicants under the age of 14
years or over the age of 79.
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 rulemaking 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 regulates individual aliens who seek consideration for
nonimmigrant visas and 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.
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: Regulatory Review
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of the
proposed regulation justify its costs. The Department does not consider
the rule 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 proposed regulations 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.
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For the reasons stated in the preamble, the Department of State amends
22 CFR part 41 to read as follows:
PART 41--[AMENDED]
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1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801; 8 U.S.C. 1185 note (section 7290 of Pub. L. 108-
458, as amended by section 546 of Public Law 109-295).
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2. In Sec. 41.105 add paragraph (b) to read as follows:
Sec. 41.105 Supporting documents and fingerprinting.
* * * * *
(b) Fingerprinting. Every applicant for a nonimmigrant visa must
furnish fingerprints, as required by the consular officer.
* * * * *
Dated: August 6, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E8-19316 Filed 8-19-08; 8:45 am]
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