Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 33699 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9019, 

ghaibel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: The Food 

and Drug Administration (FDA) is 

correcting a document amending the 

animal drug regulations to reflect 

approval actions for new animal drug 

applications and abbreviated new 

animal drug applications during March 

2013 that appeared in the Federal 

Register of April 30, 2013 (78 FR 

25182). FDA is correcting the approved 

strengths of dexmedetomidine 

hydrochloride injectable solution. This 

correction is being made to improve the 

accuracy of the animal drug regulations. 

List of Subjects in 21 CFR Part 522 

Animal drugs. 

Therefore, 21 CFR part 522 is 

corrected by making the following 

correcting amendment. 

PART 522—IMPLANTATION OR 

INJECTABLE DOSAGE FORM NEW 

ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 522 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. In § 522.558, revise paragraph (a) to 

read as follows: 

§ 522.558 Dexmedetomidine. 

(a) Specifications. Each milliliter of 

solution contains 0.1 or 0.5 milligrams 

dexmedetomidine hydrochloride. 

* * * * * 

Dated: May 31, 2013. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2013–13331 Filed 6–4–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice 8348] 

RIN 1400–AD21 

Visas: Classification of Immediate 

Family Members as G Nonimmigrants 

AGENCY: State Department. 

ACTION: Final rule. 

SUMMARY: This rule permits qualified 

immediate family members of A–1 or 

A–2 nonimmigrants to be independently 

classified as G–1, G–2, G–3, or G–4 

nonimmigrants. It also clarifies that 

immediate family members of G–1, G– 

2, G–3, and G–4 nonimmigrants who 

have employment authorization may 

remain in G classification upon gaining 

employment that would otherwise allow 

them to change status to A 

classification. This rule is being 

promulgated to allow family members of 

employees of bilateral missions to work 

at international organizations in a visa 

status that reflects their position with 

the international organization. 

DATES: This rule is effective June 5, 

2013. 

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) 663–1260. 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

Currently, 22 CFR 41.22(b) requires 

that an alien entitled to classification as 

an A–1 or A–2 nonimmigrant must be 

classified as such, even those who are 

also eligible for another nonimmigrant 

classification. This rule will allow an 

A–1 or A–2 derivative applicant who 

works for an international organization 

to be classified as G–1, G–2, G–3, or 

G–4 nonimmigrant. 

Additionally, this rule amends 22 

CFR 41.24(b)(4) to clarify that an 

immediate family member of a principal 

alien classifiable G–1 or G–2, G–3 or 

G–4 who has employment authorization 

may maintain G classification, even if 

employment obtained after entry would 

allow them to be classified under INA 

101(a)(15)(A). 

With this change, family members of 

diplomats assigned to the United States 

will be able to accept employment with 

international organizations and obtain 

visas that reflect their status as 

employees of such organizations, rather 

than as diplomatic dependents. Inability 

to obtain G visas has posed an 

impediment to the employment of some 

individuals in this category. 

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 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. 

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. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804. 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 this regulation outweigh any 

cost. The Department does not consider 

this 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. The rule will not 

have federalism implications warranting 

the application of Executive Orders 

12372 and 13132. 


TKELLEY on DSK3SPTVN1PROD with RULES
33700 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulation 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 13563: Improving 

Regulation and Regulatory Review 

The Department 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. 

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, Documentation of 

nonimmigrants, Foreign officials, 

Immigration, Passports and Visas. 

For the reasons stated in the 

preamble, the Department of State 

amends 22 CFR part 41 to read as 

follows: 

PART 41—[AMENDED] 

■ 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 7209 of Pub. L. 

108–458, as amended by section 546 of Pub. 

L. 109–295). 

■ 2. Section 41.22 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 41.22 Officials of foreign governments. 

(a) Criteria for classification of foreign 

government officials. (1) An alien is 

classifiable A–1 or A–2 under INA 

section 101(a)(15)(A) (i) or (ii) if the 

principal alien: 

(i) Has been accredited by a foreign 

government recognized de jure by the 

United States; 

(ii) Intends to engage solely in official 

activities for that foreign government 

while in the United States; and 

(iii) Has been accepted by the 

President, the Secretary of State, or a 

consular officer acting on behalf of the 

Secretary of State. 

(2) A member of the immediate family 

of a principal alien is classifiable A–1 or 

A–2 under INA section 101(a)(15)(A)(i) 

or (ii) if the principal alien is so 

classified. 

(b) Classification under INA section 

101(a)(15)(A). An alien entitled to 

classification under INA section 

101(a)(15)(A) shall be classified under 

this section even if eligible for another 

nonimmigrant classification. An 

exception may be made where an 

immediate family member classifiable 

as A–1 or A–2 under paragraph (a)(2) of 

this section is also independently 

classifiable as a principal under INA 

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

* * * * * 

■ 3. Section 41.24 is amended by 

revising paragraph (b) to read as follows: 

§ 41.24 International organization aliens. 

* * * * * 

(b) Aliens coming to international 

organizations. (1) An alien is classifiable 

under INA 101(a)(15)(G) if the consular 

officer is satisfied that the alien is 

within one of the classes described in 

that section and seeks to enter or transit 

the United States in pursuance of 

official duties. If the purpose of the 

entry or transit is other than pursuance 

of official duties, the alien is not 

classifiable under INA section 

101(a)(15)(G). 

(2) An alien applying for a visa under 

the provisions of INA section 

101(a)(15)(G) may not be refused solely 

on the grounds that the applicant is not 

a national of the country whose 

government the applicant represents. 

(3) An alien seeking to enter the 

United States as a foreign government 

representative to an international 

organization, who is also proceeding to 

the United States on official business as 

a foreign government official within the 

meaning of INA section 101(a)(15)(A), 

shall be issued a visa under that section, 

if otherwise qualified. 

(4) An alien not classified under INA 

section 101(a)(15)(A) but entitled to 

classification under INA section 

101(a)(15)(G) shall be classified under 

the latter section, even if also eligible for 

another nonimmigrant classification. An 

alien classified under INA section 

101(a)(15)(G) as an immediate family 

member of a principal alien classifiable 

G–1 or G–2, G–3 or G–4, may continue 

to be so classified even if he or she 

obtains employment subsequent to his 

or her initial entry into the United 

States that would allow classification 

under INA section 101(a)(15)(A). Such 

alien shall not be classified in a category 

other than A or G, even if also eligible 

for another nonimmigrant classification. 

* * * * * 

Dated: May 2, 2013. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2013–13315 Filed 6–4–13; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2013–0402] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events, Pleasantville Aquatics 15th 

Annual 5K Open Water Swim, 

Intracoastal Waterway; Atlantic City, 

NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the Intracoastal Waterway in Atlantic 

City, NJ. This special local regulation 

will restrict vessel traffic on a portion of 

the Intracoastal Waterway from 

operating while a swim event is taking 

place. This special local regulation is 

necessary to protect the swimmers from 

the hazards associated with passing 

vessel traffic. 

DATES: This rule will be effective from 

9 a.m. until 12 noon on June 9, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0402]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Lieutenant Corrina 

Ott, Chief Waterways Management, 

Sector Delaware Bay, Coast Guard; 

telephone (215) 271–4902, email 

corrina.ott@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Barbara 

Hairston, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 


TKELLEY on DSK3SPTVN1PROD with RULES