This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

45475 

Vol. 75, No. 148 

Tuesday, August 3, 2010 

DEPARTMENT OF STATE 

22 CFR Parts 40 and 42 

[Public Notice: 7085] 

Visas: Documentation of Immigrants 

Under the Immigration and Nationality 

Act, as Amended 

AGENCY: State Department. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of State’s regulations related 

to the application for an immigrant visa 

and alien registration, to offer a 

completely electronic application 

procedure as an alternative to 

submission of Form DS–230, the 

Application for Immigrant Visa and 

Alien Registration. 

DATES: This rule is effective August 3, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Lage, Legislative and 

Regulations Division, Visa Services, 

2401 E Street, NW., Department of State, 

Washington, DC 20520–0106, (202) 663– 

1399. 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

The Government Paperwork 

Elimination Act (GPEA) requires that, 

when possible, Federal agencies use 

electronic forms, electronic filing, and 

electronic signatures to conduct 

business with the public. For this 

reason, the Department of State 

developed and introduced an electronic 

application process for immigrant visa 

applicants to eventually replace the 

current paper-based application process, 

which consists of Parts 1 and 2 of Form 

DS–230, Application for Immigrant Visa 

and Alien Registration. While the 

Department will continue to accept the 

DS–230 when necessary, it proposes to 

eventually eliminate the DS–230 

entirely and replace it with the DS–260, 

the Electronic Application for 

Immigrant Visa and Alien Registration, 

an electronic form designed to be 

completed and signed electronically. 

What effect does the electronic 

application process have on the 

immigrant visa applicant? 

The procedure is the same for the 

immigrant visa applicant except that he 

or she will not be required to print a 

form to take to the visa interview. All 

information entered into the DS–260 

will be available to the National Visa 

Center and to the consular officer at the 

time of application processing and 

interviewing, thus simplifying the 

process for the applicant. The applicant 

is required to sign the DS–260 

electronically at the time of submission 

by clicking a ‘‘Sign and Submit 

Application’’ box contained within the 

application. The applicant will also be 

required to swear under oath at the time 

of the interview that the information 

provided on the DS–260 is true and 

correct to the best of the individual’s 

knowledge and provide a biometric 

signature in connection with the oath. 

How does the applicant sign the form 

electronically? 

The applicant will be required to click 

on the box designated ‘‘Sign and Submit 

Application’’ found within the 

certification section of the application. 

How does the consular officer confirm 

the identity of an applicant who has 

submitted an electronic application 

(DS–260)? 

Photos, passports, and fingerscans 

collected as part of the application 

process will identify the applicant. 

How does the applicant certify that the 

information on the DS–260 is correct? 

By signing the DS–260 electronically 

(i.e., clicking on the ‘‘Sign and Submit 

Application’’ button), the applicant 

certifies that the information provided is 

correct. The applicant will also be 

required to swear under oath to 

statements contained on the DS–260 at 

the time of the interview and to provide 

a biometric signature in connection with 

the oath. 

Is the electronic signature binding on 

an immigrant visa applicant? 

Yes. The electronic signature 

indicates that the applicant is familiar 

with and intends to be bound by the 

statements contained in the application 

and has answered all questions 

truthfully, under penalty of perjury. 

Can a third party prepare the DS–260? 

A third party may assist the applicant 

in preparing the DS–260, however the 

applicant must electronically sign the 

application himself or herself. The 

applicant must identify in the 

application any third party who has 

assisted in the preparation of the 

DS–260. 

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 

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 substantial 

economic impact on a substantial 

number of small entities. This regulates 

individual aliens who seek 

consideration for immigrant visas and 

does not affect any small entities, as 

defined in 5 U.S.C. 601(6). 

Unfunded Mandates 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. 

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 


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rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. The rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based companies to 

compete with foreign-based companies 

in domestic or import markets. 

Executive Order 12866 

The Department of State has reviewed 

this rule to ensure its consistency with 

the regulatory philosophy and 

principals set forth in Executive Order 

12866 and had determined that the 

benefits of the proposed regulation 

justify the 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 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 this 

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. 

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 Parts 40 and 

42 

Aliens, Foreign Officials, 

Immigration, Nonimmigrants, Passports 

and Visas. 

■ Accordingly, for the reasons set forth 

in the preamble, the Department of State 

amends 22 CFR Part 40 and 41 as 

follows: 

PART 40—[AMENDED] 

■ 1. The authority citation for Part 40 

continues to read as follows: 

Authority: 8 U.S.C. 1104. 

■ 2. Section 40.1 is amended by revising 

paragraph (l)(2) to read as follows: 

§ 40.1 Definitions. 

* * * * * 

(l) * * * 

(2) For an immigrant visa applicant, 

personally appearing before a consular 

officer and verifying by oath or 

affirmation the statements contained on 

Form DS–230 or Form DS–260 and in 

all supporting documents, having 

previously submitted all forms and 

documents required in advance of the 

appearance and paid the visa 

application processing fee. 

* * * * * 

PART 42—[AMENDED] 

■ 3. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104; Pub. L. 107–56, 

sec. 421. 

■ 4. Section 42.63 is revised to read as 

follows: 

§ 42.63 Definitions. 

(a) Application Forms. (1) Application 

on Form DS–230 or Form DS–260 

Required.—Every alien applying for an 

immigrant visa must make application, 

as directed by the consular officer, on 

Form DS–230, Application for 

Immigrant Visa and Alien Registration, 

or on Form DS–260, Electronic 

Application for Immigrant Visa and 

Alien Registration. This requirement 

may not be waived. Form DS–230 

consists of parts I and II which, together, 

are meant in any reference to this Form. 

(2) Application of alien under 14 or 

physically incapable. The application 

on Form DS–230 or on Form DS–260 for 

an alien under 14 years of age or one 

physically incapable of completing an 

application may be executed by the 

alien’s parent or guardian, or, if the 

alien has no parent or guardian, by any 

person having legal custody of, or a 

legitimate interest in, the alien. 

(b) Preparation of forms. The consular 

officer shall ensure that Form DS–230 or 

Form DS–260 and all other forms an 

alien is required to submit are fully and 

properly completed in accordance with 

the applicable regulations and 

instructions. 

(c) Additional information as part of 

application. The officer may require the 

submission of additional information or 

question the alien on any relevant 

matter whenever the officer believes 

that the information provided in Form 

DS–230 or Form DS–260 is inadequate 

to determine the alien’s eligibility to 

receive an immigrant visa. Additional 

statements made by the alien become a 

part of the visa application. All 

documents required under the authority 

of § 42.62 are considered papers 

submitted with the alien’s application 

within the meaning of INA 221(g)(1). 

■ 5. Section 42.67 is revised to read as 

follows: 

§ 42.67 Execution of application, 

registration, and fingerprinting. 

(a) Execution of visa application: (1) 

Application fee.—A fee is prescribed for 

each application for an immigrant visa. 

It shall be collected prior to the 

execution of the application and a 

receipt shall be issued. 

(2) Oath and signature on Form DS– 

230. The applicant shall be required to 

read the Form DS–230, Application for 

Immigrant Visa and Alien Registration, 

when it is completed, or it shall be read 

to the applicant in the applicant’s 

language, or the applicant shall 

otherwise be informed of its full 

contents. Applicants shall be asked 

whether they are willing to subscribe 

thereto. If the applicant is not willing to 

subscribe to the application unless 

changes are made in the information 

stated therein, the required changes 

shall be made. The application shall 

then be sworn to or affirmed and signed 

by or on behalf of the applicant before 

a consular officer, or a designated officer 

of the American Institute of Taiwan, 

who shall then sign the application over 

the officer’s title. 

(3) Oath and signature on Form DS– 

260. The applicant shall be required to 

read the Form DS–260, Electronic 

Application for Immigrant Visa and 

Alien Registration, when it has been 

completed, or it shall be read to the 

applicant in the applicant’s language, or 

the applicant shall otherwise be 

informed of its full contents, before the 

applicant electronically signs and 

submits the application to the 

Department. At the time of the 

applicant’s interview the applicant shall 

be asked whether they are willing to 

subscribe thereto to the information 

provided on Form DS–260. If the alien 

is not willing to subscribe to the 

application unless changes are made in 

the information stated therein, the 

required changes shall be made. The 

application shall then be sworn to or 

affirmed and signed, biometrically, by 

or on behalf of the applicant before a 

consular officer, or a designated officer 


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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45477 

of the American Institute of Taiwan, 

who shall then electronically sign the 

application. 

(b) Registration. The alien shall be 

considered to be registered for the 

purposes of INA 221(b) and 203(g) upon 

the filing of Form DS–230 or Form DS– 

260, when duly executed, or the 

transmission by the Department to the 

alien of a notification of the availability 

of an immigrant visa, whichever occurs 

first. 

(c) Fingerprinting. Every applicant for 

an immigrant visa must furnish 

fingerprints prior to the execution of 

Form DS–230 or Form DS–260. 

■ 6. Section 42.81 is amended by 

revising paragraph (b) to read as follows: 

§ 42.81 Procedure in refusing individual 

visas. 

* * * * * 

(b) Refusal procedure. A consular 

officer may not refuse an immigrant visa 

until either Form DS–230, Application 

for Immigrant Visa and Alien 

Registration, or Form DS–260, 

Electronic Application for Immigrant 

Visa and Alien Registration, has been 

executed by the applicant. When an 

immigrant visa is refused, an 

appropriate record shall be made in 

duplicate on a form prescribed by the 

Department. The form shall be signed 

and dated by the consular officer. The 

consular officer shall inform the 

applicant of the provision of law or 

implementing regulation on which the 

refusal is based and of any statutory 

provision of law or implementing 

regulation under which administrative 

relief is available. Each document 

related to the refusal shall then be 

attached to Form DS–230 for retention 

in the refusal files. Alternatively, each 

document related to the refusal shall be 

electronically scanned and 

electronically attached to Form DS–260 

for retention in the electronic refusal 

files. Any documents not related to the 

refusal shall be returned to the 

applicant. The original copy of a 

document that was scanned and 

attached to the DS–260 for the refusal 

file shall be returned to the applicant. If 

the ground of ineligibility may be 

overcome by the presentation of 

additional evidence and the applicant 

indicates an intention to submit such 

evidence, all documents may, with the 

consent of the alien, be retained in the 

consular files for a period not to exceed 

one year. If the refusal as not been 

overcome within one year, any 

documents not relating to the refusal 

shall be removed from the file and 

returned to the alien. 

* * * * * 

Dated: July 22, 2010. 

Janice L. Jacobs, 

Assistant Secretary, Bureau of Consular 

Affairs, Department of State. 

[FR Doc. 2010–19046 Filed 8–2–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0687] 

Drawbridge Operation Regulation; 

Company Canal, Bourg, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the LA 24 

vertical lift span bridge across Company 

Canal, mile 8.1, at Bourg, Terrebonne 

Parish, Louisiana. The deviation is 

necessary to perform electrical 

rehabilitation work on the bridge. This 

deviation allows the bridge to remain 

closed to navigation for twelve 

consecutive days. 

DATES: This deviation is effective from 

6 a.m. on Monday, October 25 through 

10 p.m. on Friday, November 5, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0687 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0687 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search.’’ They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 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 rule, call or 

e-mail Kay Wade, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

Kay.B.Wade@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Louisiana Department of Transportation 

and Development has requested a 

temporary deviation from the operating 

schedule of the vertical lift span bridge 

across Company Canal at mile 8.1 in 

Bourg, Terrebonne Parish, Louisiana. 

The vertical clearance of the bridge in 

the closed-to-navigation position is 5.17 

feet above Mean High Water Elevation 

3.0 feet Mean Sea Level. 

In accordance with 33 CFR 

117.438(b), the vertical lift span of the 

bridge currently opens on signal except 

that, from 10 p.m. to 6 a.m. the draw 

opens on signal if at least 4 hours notice 

is given. This deviation allows the 

vertical lift span of the bridge to remain 

closed to navigation for twelve 

consecutive days from 6 a.m. Monday, 

October 25 through 10 p.m. Friday, 

November 5, 2010. 

The closure is necessary in order to 

replace electrical conductors and 

conduit throughout the bridge structure, 

including the removal and replacement 

of all navigation lights on the span and 

fender system. This maintenance is 

essential for the continued operation of 

the bridge. Temporary navigational 

lighting will be provided during the 

closure and power outage period. 

Notices will be published in the Eighth 

Coast Guard District Local Notice to 

Mariners and will be broadcast via the 

Coast Guard Broadcast Notice to 

Mariners System. 

Navigation on the waterway consists 

of commercial and recreational fishing 

vessels, small to medium crew boats, 

and small tugs with and without tows. 

There are no commercial docks or 

marine type facilities within one mile of 

the bridge along Company Canal or 

Bayou Terrebonne. The bridge opens for 

the passage of navigation an average of 

53 times per month. There are two 

alternate waterway routes available via 

the Gulf Intracoastal Waterway east to 

Bayou Lafourche and west to Navigation 

Canal. Small vessels may pass under the 

bridge while in the closed-to-navigation 

position provided caution is exercised. 

In an emergency, the bridge can be 

returned to operation with a 36 hour 

notice. 

Due to prior experience and 

coordination with waterway users, it 

has been determined that this closure 

will not have a significant effect on 

vessels that use the waterway. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: July 23, 2010. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2010–18961 Filed 8–2–10; 8:45 am] 

BILLING CODE 9110–04–P 


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