### 23477 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations

36 Order No. 486, Regulations Implementing the National Environmental Policy Act of 1969, FERC Stats. & Regs., Regulations Preambles 1986–1990 ¶ 30,783 (1987).

37 18 CFR 380.4(a)(2)(ii).

38 5 U.S.C. 601–612.

39 13 CFR 121.101

40 13 CFR 121.201, Sector 22, Utilities & n.1. modifications do not affect the burden estimate provided in the NOPR.

56. As provided in the NOPR, TOP– 007–WECC–1, which would replace TOP–STD–007–0, does not modify or otherwise affect the burden related to the collection of information already in place. Thus, the replacement of the currently-effective regional Reliability Standard with TOP–007–WECC–1, including the limited modifications directed in this Final Rule, will neither increase the reporting burden nor impose any additional information collection requirements.

Title: Mandatory Reliability Standards for the Western Electric Coordinating Council.

Action: Proposed Collection FERC– 725E.

OMB Control No.: 1902–0246. Respondents: Businesses or other forprofit institutions; not-for-profit institutions.

Frequency of Responses: On occasion. Necessity of the Information: This Final Rule approves a regional Reliability Standard pertaining to System Operating Limits. The regional Reliability Standard is one of the standards that helps ensure the reliable operation of the electrical system in the Western Interconnection.

Internal Review: The Commission has reviewed the regional Reliability Standard TOP–007–WECC–1 and determined that the standard’s Requirements are necessary to meet the statutory provisions of the Energy Policy Act of 2005. The Commission has assured itself, by means of internal review, that there is specific, objective support for the burden estimates associated with the information requirements.

57. Interested persons may obtain information on the reporting requirements by contacting: Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director, e-mail: DataClearance@ferc.gov, Phone: (202) 502–8663, fax: (202) 273–0873]. Comments on the requirements of this Final Rule may also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission]. For security reasons, comments should be sent by e-mail to OMB at oira

_submission@omb.eop.gov. Please reference FERC–725E and the docket number of this final rule in your submission. IV. Environmental Analysis 58. The Commission is required to prepare an Environmental Assessment or an Environmental Impact Statement for any action that may have a significant adverse effect on the human environment. 36 The Commission has categorically excluded certain actions from this requirement as not having a significant effect on the human environment. Included in the exclusion are rules that are clarifying, corrective, or procedural or that do not substantially change the effect of the regulations being amended. 37 The actions taken in this Final Rule fall within this categorical exclusion in the Commission’s regulations. Accordingly, neither an environmental impact statement nor environmental assessment is required. V. Regulatory Flexibility Act

59. The Regulatory Flexibility Act of 1980 (RFA) 38 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. The RFA mandates consideration of regulatory alternatives that accomplish the stated objectives of a proposed rule and that minimize any significant economic impact on a substantial number of small entities. The Small Business Administration’s (SBA) Office of Size Standards develops the numerical definition of a small business. 39 The SBA has established a size standard for electric utilities, stating that a firm is small if, including its affiliates, it is primarily engaged in the transmission, generation and/or distribution of electric energy for sale and its total electric output for the preceding twelve months did not exceed four million megawatt hours. 40 The RFA is not implicated by this rule because the modification discussed herein will not have a significant economic impact on a substantial number of small entities. Moreover, the regional Reliability Standard reflects a continuation of existing requirements for these reliability entities. Accordingly, no regulatory flexibility analysis is required. VI. Document Availability

60. In addition to publishing the full text of this document in the Federal Register , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC’s Home Page (http://www.ferc.gov ) and in FERC’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC
20426.

61. From FERC’s Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.

62. User assistance is available for eLibrary and the FERC’s Web site during normal business hours from FERC Online Support at 202–502–6652 (toll free at 1–866–208–3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502– 8371, TTY (202)502–8659. E-mail the Public Reference Room at public.referenceroom@ferc.gov. VII. Effective Date and Congressional Notification

63. These regulations are effective June 27, 2011. The Commission has determined, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of OMB, that this rule is not a ‘‘major rule ’’ as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996. List of Subjects in 18 CFR Part 40

Electric power, Electric utilities, Reporting and recordkeeping requirements.

By the Commission. Kimberly D. Bose, Secretary.
[FR Doc. 2011–10051 Filed 4–26–11; 8:45 am]

**BILLING CODE 6717–01–P**

**DEPARTMENT OF STATE**

**22 CFR Parts 41 and 42**

**RIN 1400–AC87**

**[Public Notice: 7426]**

**Visas: Documentation of Nonimmigrants Under the Immigration**  **and Nationality Act, as Amended**

**AGENCY :**  State Department.

**ACTION :**  Final rule.

**SUMMARY :**  This rule changes Department regulations to broaden the authority of


### 23478 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations

a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.

**DATES :**  This rule is effective April 27,
2011.

**FOR FURTHER INFORMATION CONTACT :**  Lawrence B. Kurland, Jr., Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L–603D, Washington, DC 20520– 0106, (202) 663–1260, e-mail (KurlandLB@state.gov ).

**SUPPLEMENTARY INFORMATION :**  Why is the Department promulgating this rule?

On occasion, after a visa has been issued, the Department or a consular officer may determine that a visa should be revoked when information reveals that the applicant was originally or has since become ineligible or may be ineligible to possess a U.S. visa. Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) (INA) authorizes the Secretary and consular officers to revoke a visa in their discretion.

Current regulations limit the circumstances in which consular officers may revoke visas. In light of security concerns, this amendment grants additional authority to consular officers to revoke visas, consistent with the statutory provisions of the INA. Although this rule eliminates the provisions that permit reconsideration of a revocation, it also allows for the provisional revocation of a visa when there is a need for further consideration of information that might lead to a final revocation. In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated. 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 rule regulates individual aliens who hold nonimmigrant or immigrant visas, including employment-based visas. Because section 221(i) of the INA already grants the Secretary and consular officers authority to revoke visas in their discretion (an authority already exercised by the Secretary and designees), and this rule simply lifts a regulatory restriction on consular officers to exercise the same authority, the Department expects that any effect of this rule on small entities will be minimal. The Unfunded Mandates Reform Act of
1995

Section 202 of the Unfunded Mandates Reform Act of 1995, 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

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 Order 13563

The Department of State has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein.

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 13175—Consultation and Coordination With Indian Tribal Governments

The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of section 5 of Executive Order 13175 do not apply to this rulemaking.
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, Passports and visas, students.

Accordingly, for the reasons set forth in the preamble, 22 CFR parts 41 and 42 are amended as follows:


### 23479 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations

**PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE**  **IMMIGRATION AND NATIONALITY ACT, AS AMENDED** 

■ 1. The authority citation for section 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 7209 of Pub. L. 108–458, as amended by section 546 of Pub. L. 109–295).

■ 2. Section 41.122 is revised to read as follows:

**§ 41.122 Revocation of visas.**

(a) Grounds for revocation by consular officers. A consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion.

(b) Provisional revocation. A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority may provisionally revoke a nonimmigrant visa while considering information related to whether a visa holder is eligible for the visa. Provisional revocation shall have the same force and effect as any other visa revocation under INA 221(i).

(c) Notice of revocation. Unless otherwise instructed by the Department, a consular officer shall, if practicable, notify the alien to whom the visa was issued that the visa was revoked or provisionally revoked. Regardless of delivery of such notice, once the revocation has been entered into the Department’s Consular Lookout and Support System (CLASS), the visa is no longer to be considered valid for travel to the United States. The date of the revocation shall be indicated in CLASS and on any notice sent to the alien to whom the visa was issued.

(d) Procedure for physically canceling visas. A nonimmigrant visa that is revoked shall be canceled by writing or stamping the word ‘‘REVOKED ’’ plainly across the face of the visa, if the visa is available to the consular officer. The failure or inability to physically cancel the visa does not affect the validity of the revocation.

(e) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure described in paragraph (d) of this section if:

(1) The alien obtains an immigrant visa or an adjustment of status to that of permanent resident;

(2) The alien is ordered excluded from the United States under INA 236, as in effect prior to April 1, 1997, or removed from the United States pursuant to INA 235;

(3) The alien is notified pursuant to INA 235 by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States, and the alien requests and is granted permission to withdraw the application for admission;

(4) A final order of deportation or removal or a final order granting voluntary departure with an alternate order of deportation or removal is entered against the alien;

(5) The alien has been permitted by DHS to depart voluntarily from the United States;

(6) DHS has revoked a waiver of inadmissibility granted pursuant to INA 212(d)(3)(A) in relation to the visa that was issued to the alien;

(7) The visa is presented in connection with an application for admission to the United States by a person other than the alien to whom the visa was issued;

(8) The visa has been physically removed from the passport in which it was issued; or

(9) The visa has been issued in a combined Mexican or Canadian B–1/B– 2 visa and border crossing identification card, and the immigration officer makes the determination specified in § 41.32(c) with respect to the alien’s Mexican citizenship and/or residence or the determination specified in § 41.33(b) with respect to the alien’s status as a permanent resident of Canada.

**PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE**  **IMMIGRATION AND NATIONALITY ACT, AS AMENDED** 

■ 3. The authority citation for section 42 continues to read as follows:

Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105–277; Pub. L. 108–449; 112 Stat. 2681– 795 through 2681–801; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105–51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); The Intercountry Adoption Act of 2000, 42 U.S.C. 14901–14954, Pub. L.
106–279.

■ 4. Section 42.82 is revised to read as follows:

**§ 42.82 Revocation of visas.**

(a) Grounds for revocation by consular officers. A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority is authorized to revoke an immigrant visa at any time, in his or her discretion. (b) Provisional revocation. A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority may provisionally revoke an immigrant visa while considering information related to whether a visa holder is eligible for the visa. Provisional revocation shall have the same force and effect as any other visa revocation under INA 221(i).

(c) Notice of revocation. Unless otherwise instructed by the Department, a consular officer shall, if practicable, notify the alien to whom the visa was issued that the visa was revoked or provisionally revoked. Regardless of delivery of such notice, once the revocation has been entered into the Department’s Consular Lookout and Support System (CLASS), the visa is no longer to be considered valid for travel to the United States. The date of the revocation shall be indicated in CLASS and on any notice sent to the alien to whom the visa was issued.

(d) Procedure for physically canceling visas. An immigrant visa that is revoked shall be canceled by writing or stamping the word ‘‘REVOKED ’’ plainly across the face of the visa, if the visa is available to the consular officer. The failure or inability to physically cancel the visa does not affect the validity of the revocation.

Dated: April 18, 2011. Janice L. Jacobs, Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2011–10077 Filed 4–26–11; 8:45 am]

**BILLING CODE 4710–06–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**32 CFR Part 199**

**[Docket ID: DOD–2011–HA–0029; RIN 0720– AB48]** 

**Civilian Health and Medical Program of the Uniformed Services (CHAMPUS);**  **TRICARE Young Adult**

**AGENCY :**  Office of the Secretary, DoD.

**ACTION :**  Interim final rule with comment period.

**SUMMARY :**  This interim final rule implements Section 702 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (NDAA for FY11). It establishes the TRICARE Young Adult (TYA) program to provide an extended medical coverage opportunity to most unmarried children under the age of 26 of uniformed services sponsors. The TRICARE Young