Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Rules and Regulations 10453 

the Oxygen cylinder and pressure reducer 

task item. The unsafe condition, if not 

addressed, could result in reduced structural 

integrity and system reliability of the 

airplane. 

(f) Compliance 

Unless already done, before further flight: 

Incorporate the revised Airworthiness 

Limitation section as specified in Section 05– 

10–10, ‘‘Lifed and Overhauled Components,’’ 

dated June 30, 2020, of Chapter 05, Time 

Limits/Maintenance Checks, of the Pilatus 

PC–7 Maintenance Manual, into the 

Airworthiness Limitations section of your 

FAA-accepted maintenance program 

(maintenance manual). 

(g) No Alternative Actions or Intervals 

After the Airworthiness Limitations section 

of the existing maintenance or inspection 

program has been revised as required by 

paragraph (f) of this AD, no alternative 

actions (e.g., inspections) or intervals may be 

used unless the actions or intervals are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (h) of this 

AD. 

(h) Other FAA AD Provisions 

AMOCs: The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to Doug Rudolph, 

Aerospace Engineer, FAA, General Aviation 

& Rotorcraft Section, International Validation 

Branch, 901 Locust, Room 301, Kansas City, 

Missouri 64106; phone: (816) 329–4059; fax: 

(816) 329–4090; email: doug.rudolph@

faa.gov. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(i) Related Information 

(1) For more information about this AD, 

contact Doug Rudolph, Aerospace Engineer, 

FAA, General Aviation & Rotorcraft Section, 

International Validation Branch, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

phone: (816) 329–4059; fax: (816) 329–4090; 

email: doug.rudolph@faa.gov. 

(2) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Federal 

Office for Civil Aviation AD HB–2020–007, 

dated July 23, 2020, for more information. 

This MCAI may be found in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2020–0849. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Section 05–10–10, ‘‘Lifed and 

Overhauled Components,’’ dated June 30, 

2020, of Chapter 05, Time Limits/ 

Maintenance Checks, of the Pilatus PC–7 

Maintenance Manual. 

(ii) [Reserved] 

(3) For Pilatus Aircraft Ltd service 

information identified in this AD, contact 

Pilatus Aircraft Ltd., Customer Technical 

Support (MCC), P.O. Box 992, CH–6371, 

Stans, Switzerland; phone: +41 (0)41 619 67 

74; fax: +41 (0)41 619 67 73; email: 

techsupport@pilatus-aircraft.com; website: 

https://www.pilatus-aircraft.com/en. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on December 30, 2020. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–01783 Filed 2–19–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice: 10642] 

RIN 1400–AE21 

Visas: Eligibility for Diplomatic and 

Official Visas 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule is promulgated for 

two reasons: To revise the definition of 

‘‘equivalent of a diplomatic passport’’ to 

include non-national passports issued 

by a competent authority other than a 

foreign government and as designated 

by the Secretary of State; and to clarify 

the categories of nonimmigrants who 

may be eligible for a ‘‘diplomatic type’’ 

or ‘‘official type’’ visa, irrespective of 

the nonimmigrant visa classification. 

These technical revisions provide 

greater clarity and consistency with 

existing U.S. law and practices 

regarding the entities that the United 

States considers eligible to issue travel 

documents and the individuals who 

may qualify for ‘‘diplomatic type’’ or 

‘‘official type’’ visas, irrespective of the 

nonimmigrant visa classification. 

DATES: This rule is effective February 

22, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Megan Herndon, Senior Regulatory 

Coordinator, Office of Visa Services, 

Bureau of Consular Affairs, 600 19th 

Street NW, Washington, DC 20522, 202– 

485–8910, VisaRegs@state.gov. 

SUPPLEMENTARY INFORMATION: 

Equivalent of a Diplomatic Passport 

This rule revises the definition of 

‘‘equivalent of a diplomatic passport’’ at 

22 CFR 41.26(a)(3) to include a travel 

document issued by a competent 

authority that does not issue diplomatic 

passports, and is designated by the 

Secretary as the equivalent of a 

diplomatic passport. 

Section 101(a)(30) of the Immigration 

and Nationality Act (‘‘INA’’), 8 U.S.C. 

1101(a)(30), defines a passport as ‘‘any 

travel document issued by [a] competent 

authority showing the bearer’s origin, 

identity, and nationality if any, which is 

valid for the admission of the bearer 

into a foreign country.’’ The Department 

of State (‘‘Department’’) has clarified its 

interpretation of this definition in 

regulations at 22 CFR 41.104(a), 

specifying that a passport is not limited 

to a national passport or to any single 

document. 

The Department also defines what it 

considers to be the ‘‘equivalent of a 

diplomatic passport’’ in 22 CFR 

41.26(a)(3). This definition was 

previously limited to a national passport 

issued by a competent authority of a 

foreign government, which generally 

does not issue diplomatic passports to 

its career diplomatic and consular 

officers. This definition, however, did 

not account for other travel documents 

that the Department encounters, 

including those issued by a competent 

authority other than a foreign 

government to indicate the holder’s 

status as an official or officer of the 

issuing entity. For example, an officer of 

the United Nations (‘‘UN’’) might 

present a UN Laissez-Passer, which 

meets the legal definition of a passport 

under INA section 101(a)(30), 8 U.S.C. 

1101(a)(30), since UN member states 

will generally admit individuals bearing 

the Laissez-Passer. Under this rule, the 

Secretary can designate travel 

documents issued by a competent 

authority other than that of a foreign 

government as the equivalent of a 

diplomatic passport, when appropriate. 

Categories of Individuals Who May 

Qualify for a ‘‘Diplomatic Type’’ or 

‘‘Official Type’’ Visa, Irrespective of 

Visa Classification 

The Department is also revising its 

regulations on ‘‘diplomatic type’’ and 

‘‘official type’’ visas at 22 CFR 41.26 and 

41.27, respectively, to ensure 

consistency with U.S. laws and policies 


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that have taken effect since the last 

substantive revisions in 1959. 

Visa Classification Versus Visa Type 

Visa classification is not the same as 

visa type. Section 101(a)(15) of the INA, 

8 U.S.C. 1101(a)(15), defines classes of 

nonimmigrants based upon the purpose 

of travel. Implementing regulations at 22 

CFR 41.12 assign classification symbols 

to these nonimmigrants to correspond to 

the INA 101(a)(15) subsection 

classification. The visa classification 

symbol is recorded in each 

nonimmigrant’s visa record and printed 

on the front of every issued 

nonimmigrant visa as ‘‘Visa Class.’’ For 

example, a visa issued to a 

nonimmigrant who is classifiable under 

INA section 101(a)(15)(A)(i), 8 U.S.C. 

1101(a)(15)(A)(i), is assigned the visa 

classification symbol ‘‘A1.’’ 

The Department issues three ‘‘types’’ 

of nonimmigrant visas: Diplomatic, 

official, and regular. The visa type is 

recorded in each nonimmigrant’s visa 

record and printed on the front of every 

issued nonimmigrant visa as ‘‘Visa 

Type.’’ Section 101(a)(11) of the INA, 8 

U.S.C. 1101(a)(11), defines ‘‘diplomatic 

visa’’ as a nonimmigrant visa bearing 

that title and issued to a nonimmigrant 

in accordance with such regulations as 

the Secretary of State may prescribe. 

Implementing regulations at 22 CFR 

41.26(c) clarify that a nonimmigrant is 

eligible to receive a ‘‘diplomatic visa,’’ 

irrespective of visa classification, if he 

or she is otherwise qualified and 

possesses a diplomatic passport, or its 

equivalent, and falls within the 

categories listed in 22 CFR 41.26(c). The 

INA does not define ‘‘official visa’’ but 

the term is referenced at INA section 

222(h)(1)(A)(iv), 8 U.S.C. 

1202(h)(1)(A)(iv), along with diplomatic 

visas. Implementing regulations at 22 

CFR 41.27(c) clarify that a 

nonimmigrant is eligible to receive an 

‘‘official visa,’’ irrespective of visa 

classification, if he or she is otherwise 

qualified and falls within the categories 

listed in 22 CFR 41.27(c). A ‘‘regular 

visa’’ is defined in 22 CFR 41.101(e) as 

a nonimmigrant visa of any 

classification which does not bear the 

title ‘‘Diplomatic’’ or ‘‘Official’’ and 

clarifies that a nonimmigrant visa is 

issued as a regular visa, unless the alien 

falls within one of the classes entitled 

to a diplomatic or official visa. The 

appropriate visa type—diplomatic, 

official, or regular—is recorded in each 

nonimmigrant’s visa record and 

designated on the front of every issued 

nonimmigrant visa as ‘‘Visa Type’’ with 

a ‘‘D,’’ ‘‘O,’’ or ‘‘R’’ symbol, respectively. 

As described above, the terms 

‘‘diplomatic visa’’ and ‘‘official visa’’ are 

used in the INA and in Department 

regulations to refer to visa type, not visa 

classification. See INA 101(a)(11), 8 

U.S.C. 1101(a)(11); see also 22 CFR 

41.26–27. Thus, for instance, a 

nonimmigrant classifiable under INA 

101(a)(15)(B) who has a diplomatic 

passport and falls within one of the 

categories specified in 22 CFR 

41.26(c)(1) may be issued a diplomatic 

type B1/B2 visa if found eligible for the 

B1/B2 visa classification. However, the 

public often uses and understands the 

terms ‘‘diplomatic visa’’ and ‘‘official 

visa’’ to refer to visa classification, in 

particular the A1, A2, C3, G1, G2, G3, 

G4, NATO1, NATO2, NATO3, NATO4, 

NATO5, and NATO6 visa 

classifications. To avoid confusion, this 

rule uses the terms ‘‘diplomatic type,’’ 

‘‘official type,’’ and ‘‘regular type’’ to 

clarify when a reference is to visa type 

and not to visa classification. 

Changes to Categories of Individuals 

Who May Qualify for a ‘‘Diplomatic 

Type’’ or ‘‘Official Type’’ Visa, 

Irrespective of Visa Classification 

Specifically, this rule will update 

terminology in 22 CFR 41.26(c)(1)(xii) 

from ‘‘officers of a diplomatic mission of 

a temporary character’’ to ‘‘officers of a 

foreign government.’’ The rule will also 

update the terminology in 22 CFR 

41.27(c)(1)(ix), 41.27(c)(1)(x), and 

41.27(c)(1)(xi) from ‘‘clerical and 

custodial employees’’ to 

‘‘administrative, service, and similar 

emloyees’’ and update the terminology 

referring to ‘‘diplomatic mission’’ to 

‘‘foreign-government delegation.’’ These 

updates reflect more consistent 

application of similar terminology used 

within the Department for government 

officials and employees traveling to the 

United States for official duties. 

The rule also replaces 22 CFR 

41.27(c)(1)(xiii), which previously 

provided that attendants, servants, and 

personal employees of foreign 

government officials and staff of 

international organizations (i.e., 

nonimmigrants classifiable A3 and G5) 

were eligible to receive official type 

visas. Removing this category ensures 

that such applicants will be interviewed 

when applying for A3 or G5 

nonimmigrant visas, a change consistent 

with the William Wilberforce 

Trafficking Victims Protection 

Reauthorization Act of 2008, 8 U.S.C. 

1375c(b)(1)(B). That law mandates visa 

interviews for these applicants, whereas 

22 CFR 41.102(b)(2) otherwise permits 

waivers of the interview requirement for 

applicants for an official type visa. Such 

attendants, servants, and personal 

employees will continue to be 

classifiable as A3 or G5. 

This rule also corrects previous errors 

in a number of other provisions in 22 

CFR 41.26 and 41.27. Section 

41.26(c)(2)(vi)(A) is updated to correct a 

typographical error. Sections 

41.26(c)(1)(xiv), 41.26(c)(2)(xiii), and 

41.27(c)(1)(xiii), the categories for 

immediate family, are updated to 

correct numbering of the subsections 

and to ensure consistency in language 

used to describe these categories. 

Section 41.27(c)(1)(i) is updated to 

correct an error in the referenced 

category of individuals to whom this 

section applies. Sections 41.27(c)(1)(ii) 

and (iii) are updated to clarify that these 

categories only cover aliens classifiable 

under INA sections 101(a)(15)(A)(i); 

101(a)(15)(A)(ii); 101(a)(15)(G)(i); 

101(a)(15)(G)(ii); 101(a)(15)(G)(iv); 8 

U.S.C. 1101(a)(15)(A)(i); 

1101(a)(15)(A)(ii); 1101(a)(15)(G)(i); 

1101(a)(15)(G)(ii); 1101(a)(15)(G)(iv), 

and not to aliens classifiable under INA 

section 101(a)(15)(A)(iii) or INA section 

101(a)(15)(G)(v); 8 U.S.C. 

1101(a)(15)(A)(iii) or 8 U.S.C. 

1101(a)(15)(G)(v). Aliens classifiable 

under INA section 101(a)(15)(G)(iii), 8 

U.S.C. 1101(a)(15)(G)(iii), are covered in 

a new 22 CFR 41.27(c)(1)(iv). Because of 

the addition of a new 22 CFR 

41.27(c)(1)(iv), the numbering for 

subsections following 22 CFR 

41.27(c)(1)(iv) is updated. 

Section 41.26(c) is also updated to 

include the requirement of presenting a 

diplomatic passport or its equivalent for 

all subsections of 22 CFR 41.26(c), 

consistent with 22 CFR 41.104(d), 

which requires that every applicant for 

a diplomatic type visa present a 

diplomatic passport or the equivalent 

thereof. 

Regulatory Findings 

Administrative Procedure Act 

This rule is exempt from notice and 

comment under the foreign affairs 

exception of the Administrative 

Procedure Act (‘‘APA’’), 5 U.S.C. 

553(a)(1). As the federal agency 

responsible for carrying out U.S. foreign 

policy, the Department has exclusive 

authority to determine when an 

applicant can be issued a diplomatic 

type or official type visa. As discussed 

above, INA section 101(a)(11) defines a 

‘‘diplomatic visa’’ as ‘‘a nonimmigrant 

visa bearing that title and issued to a 

nonimmigrant in accordance with such 

regulations as the Secretary of State may 

prescribe.’’ 8 U.S.C. 1101(a)(11). The 

Department exercises its statutory 

discretion when issuing diplomatic type 

visas. Issuance of diplomatic type visas 

is limited to a narrow category of 

individuals holding certain positions 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Rules and Regulations 10455 

within a foreign government, such as 

heads of states, cabinet ministers, 

ambassadors and public ministers. 

Further, the Department exercises its 

statutory discretion when issuing 

official type visas. For example, aliens 

who are not eligible to receive a 

diplomatic type visa and are classifiable 

under INA 101(a)(15)(A), 8 U.S.C. 

1101(a)(15)(A), are eligible to received 

official type visas. Aliens classifiable 

under INA 101(a)(15)(A), 8 U.S.C. 

1101(a)(15)(A), must be ‘‘accepted’’ by 

the Secretary of State. 8 U.S.C. 

1101(a)(15)(A)(i) and (ii). Thus, the 

Secretary’s discretion in promulgating 

regulations as they relate to issuing 

diplomatic type and official type visas 

‘‘involve[s]. . .a foreign affairs function 

of the United States.’’ 5 U.S.C. 553(a)(1). 

In Raoof v. Sullivan, the court found 

that the Department properly exercised 

the foreign affairs exception under the 

APA when it ‘‘did not engage in formal 

rule-making’’ for the J–1 nonimmigrant 

visa two-year foreign residence 

requirement because the ‘‘the exchange 

visitor program—with its statutory 

mandate for international interaction 

through nonimmigrants—certainly 

relates to foreign affairs and diplomatic 

duties conferred upon the Secretary of 

State and the State Department.’’ 315 

F.Supp.3d 34, 44 (D.D.C. 2018). This 

rule, which codifies Department policy 

regarding which aliens are treated as 

diplomats in the issuance of a visa, 

directly relates to the Department’s 

authority to carry out diplomatic duties 

and inherently involves the Secretary of 

State’s foreign affairs functions. 

This rule clearly and directly impacts 

foreign affairs functions of the United 

States and ‘‘implicat[es] matters of 

diplomacy directly.’’ City of N.Y. v. 

Permanent Mission of India to the U.N., 

618 F.3d 172, 201 (2d Cir. 2010). The 

foreign-affairs exception covers this 

final rule, as it is ‘‘linked intimately 

with the Government’s overall political 

agenda concerning relations with 

another country.’’ Am. Ass’n of 

Exporters & Importers-Textile & Apparel 

Grp. v. United States, 751 F.2d 1239, 

1249 (Fed. Cir. 1985). Opening this 

process to public comment would most 

directly affect a particular group of 

individuals, foreign government 

officials and officers of international 

organizations, who were eligible for 

diplomatic type or official type visas 

under the prior rule and who may still 

qualify for diplomatic type or official 

type visas, regardless of their purpose of 

travel or visa classification. Eligibility 

for such visa types, which is the subject 

of this rule, may determine whether the 

applicant is required to go to a U.S. 

Embassy or Consulate for a visa 

interview, and potentially be eligible for 

certain courtesies at the port of entry to 

the United States. The rule discusses 

standards to be applied by consular 

officers, which will determine the type 

of visa (but not the visa classification) 

the visa applicant will receive. Because 

the above-referenced stakes are very 

significant to individuals who already 

receive any courtesies attached to the 

visa type, public comment on eligibility 

to receive a diplomatic type or official 

type visa would provoke immediate and 

strident response from the diplomatic 

community, in particular certain high 

ranking foreign government officials 

that may be important to the United 

States’ ability to achieve bilateral 

objectives. Accordingly, this situation is 

comparable to the situation in Am. 

Ass’n of Exps. & Imps.–Textile & 

Apparel Grp. v. United States, 751 F.2d 

1239, 1249 (Fed. Cir. 1985) (ruling that 

stricter import restrictions would 

provoke immediate response from 

foreign manufacturers). Therefore, this 

regulation is exempt from 5 U.S.C. 553 

because it involves a foreign affairs 

function of the United States. 

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 by the Regulatory 

Flexibility Act (5 U.S.C. 603 and 604). 

Nonetheless, consistent with 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. Therefore, a 

regulatory flexibility analysis under the 

Regulatory Flexibility Act, as amended, 

is not required. 

Unfunded Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 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. 

Congressional Review Act 

This rule is not a major rule as 

defined in 5 U.S.C. 804. The Department 

is aware of no monetary effect on the 

economy that would directly result from 

this rulemaking, nor will there be any 

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 Orders 12866 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

This rule will not affect the economy by 

$100 million or more annually. These 

Executive Orders stress the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

Department has examined this rule in 

light of Executive Order 13563, and has 

determined that the rulemaking is 

consistent with the guidance therein. 

The Department has reviewed this 

rulemaking to ensure its consistency 

with the regulatory philosophy and 

principles set forth in Executive Order 

12866. The Office of Information and 

Regulatory Affairs has determined that 

this rulemaking is a significant 

rulemaking under Executive Order 

12866 and, consequently, reviewed this 

rulemaking. 

The Department notes that this 

regulatory change only impacts the visa 

type (regular, diplomatic or official); it 

does not affect visa classification which 

is based on purpose of travel. Domestic 

workers of foreign government officials 

and international organization officers 

(aliens classifiable A–3 or G–5) are the 

only category of individuals being 

removed from the categories of 

individuals eligible for official type 

visas under this regulation. Such 

individuals do not typically have a 

diplomatic or official passport; they 

travel on regular passports. Although 

qualification for an official type visa 

may provide some courtesies such as 

exemption from visa fees, such 

courtesies are already attached to the A3 

and G5 domestic worker visa 

classifications, so they are not losing a 

benefit. Moreover, even though official 

type visa applicants applying with an 

official passport may have their 

interview waived, the Trafficking 

Victims Protections Reauthorization Act 

of 2003 (TVPRA), Public Law 108–193, 

requires an interview for all A3 and G5 

nonimmigrants so such courtesy may 

not be extended to an A3 or G5 

nonimmigrant. 


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10456 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Rules and Regulations 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effect 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. The rule will not 

have federalism implications warranting 

the application of Executive Orders 

12372 and 13132. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the rule 

in light of sections 3(a) and 3(b)(2) of 

Executive Order 12988 to eliminate 

ambiguity, minimize litigation, establish 

clear legal standards, and reduce 

burden. 

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. 

Executive Order 13771 

This rule is not subject to the 

requirements of Executive Order 13771, 

because its likely impact is de minimis. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or record-keeping 

requirements subject to 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. 

Accordingly, for the reasons set forth 

in the preamble, 22 CFR part 41 is 

amended as follows: 

PART 41 VISAS—DOCUMENTATION 

OF NONIMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 41 

continues to read as follows: 

Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; 

8 U.S.C. 1323; 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. Amend § 41.26 by: 

■ a. Revising paragraphs (a)(3), (c) 

introductory text, (c)(1) introductory 

text, and (c)(1)(xii) and (xiv); 

■ b. Removing the period at the end of 

paragraph (c)(1)(xvi) and adding ‘‘; or’’ 

in its place; and 

■ c. Revising paragraphs (c)(2) 

introductory text, (c)(2)(vi)(A), and 

(c)(2)(xiii). 

The revisions read as follows: 

§ 41.26 Diplomatic visas. 

(a) * * * 

(3) Equivalent of a diplomatic 

passport means a passport that: 

(i) Is issued by a competent authority 

that does not issue diplomatic passports 

and 

(ii) Has been designated by the 

Secretary as the equivalent of a 

diplomatic passport. 

* * * * * 

(c) Classes of aliens eligible to receive 

diplomatic visas. A nonimmigrant alien 

who presents a diplomatic passport or 

its equivalent shall, if otherwise 

qualified, be eligible to receive a 

diplomatic visa if: 

(1) The nonimmigrant alien is within 

one of the following categories, 

irrespective of the classification of the 

visa under § 41.12: 

* * * * * 

(xii) Officers of a foreign government 

proceeding to the United States on a 

temporary basis or through the United 

States in the performance of their 

official duties; 

* * * * * 

(xiv) Members of the immediate 

family of a principal alien who is within 

one of the classes described in 

paragraphs (c)(1)(i) through (xi) of this 

section; 

* * * * * 

(2) The alien is classifiable as a G–4 

and is accompanying any of these 

officers: 

(vi) * * * 

(A) United Nations Children’s Fund; 

* * * * * 

(xiii) Members of the immediate 

family accompanying or following to 

join any principal nonimmigrant alien 

listed in paragraphs (c)(2)(i) through 

(xii) of this section. 

* * * * * 

■ 3. Amend § 41.27 by revising 

paragraphs (c)(1)(i) through (xiii) to read 

as follows: 

§ 41.27 Official visas. 

* * * * * 

(c) * * * 

(1) * * * 

(i) Aliens within a category described 

in § 41.26(c)(1) who are ineligible to 

receive a diplomatic visa because they 

are not in possession of a diplomatic 

passport or its equivalent; 

(ii) Aliens classifiable under INA 

section 101(a)(15)(A)(i) or (ii), 8 U.S.C. 

1101(a)(15)(A)(i) or (ii); 

(iii) Aliens who are classifiable under 

INA section 101(a)(15)(G)(i), (ii), or (iv), 

8 U.S.C. 1101(a)(15)(G)(i), (ii), or (iv); 

(iv) Aliens who are classifiable under 

INA section 101(a)(15)(G)(iii), 8 U.S.C. 

1101(a)(15)(G)(iii), as representatives of 

a foreign government traveling to an 

international organization so designated 

by Executive Order, where such foreign 

government is not a member of the 

international organization; 

(v) Aliens classifiable under INA 

section 101(a)(15)(C), 8 U.S.C. 

1101(a)(15)(C), as nonimmigrants 

described in INA section 212(d)(8), 8 

U.S.C. 1182(d)(8); 

(vi) Members and members-elect of 

national legislative bodies; 

(vii) Justices of the lesser national and 

the highest state courts of a foreign 

country; 

(viii) Officers and employees of 

national legislative bodies proceeding to 

or through the United States in the 

performance of their official duties; 

(ix) Administrative, service, and 

similar employees attached to foreigngovernment delegations to, and 

employees of, international bodies of an 

official nature, other than international 

organizations so designated by 

Executive Order, proceeding to or 

through the United States in the 

performance of their official duties; 

(x) Administrative, service, and 

similar employees of a foreign 

government proceeding to the United 

States on temporary duty or through the 

United States on a temporary basis in 

the performance of their official duties; 

(xi) Administrative, service, and 

similar employees attached to foreigngovernment delegations proceeding to 

or from a specific international 

conference of an official nature; 

(xii) Officers and employees of foreign 

governments recognized de jure by the 

United States who are stationed in 

foreign contiguous territories or adjacent 

islands; 

(xiii) Members of the immediate 

family when accompanying or following 

to join a principal alien who is within 

one of the classes referred to or 

described in paragraphs (c)(1)(i) through 

(xii) of this section; 

* * * * * 

Zachary Parker, 

Director, Office of Directives Management, 

Department of State. 

[FR Doc. 2021–02552 Filed 2–19–21; 8:45 am] 

BILLING CODE 4710–06–P 


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