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

36Order 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 

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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: 

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

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES