Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 85109 

1See the proposed rule for further discussion. 

§ 1308.11 Schedule I. 

* * * * * 

(b) * * * 

*******

(10) alpha′-Methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) ......................................................... 9864 

*******

(35) 2′,5′-Dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide) ...................................................... 9861 

*******

(46) 3-Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide) .............................................................................. 9860 

*******

(51) Isovaleryl fentanyl (3-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) ............................................................................. 9862 

*******

(55) meta-Fluorofentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide) ....................................................................... 9857 

(56) meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide) .................................................... 9858 

*******

(73) ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide) .............................................. 9863 

*******

(82) para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide ........................................ 9859 

(83) para-Methylcyclopropyl fentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide) ............................ 9865 

* * * * * 

[FR Doc. 2023–26694 Filed 12–6–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 42 

[Public Notice: 12224] 

RIN 1400–AE83 

Immigrant Visas 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State 

(‘‘Department’’) is amending its 

regulation governing immigrant visas by 

removing the section which allows a 

consular officer to conduct an informal 

evaluation of the family members of an 

immigrant visa applicant to identify 

potential grounds of ineligibility. The 

existing regulation was promulgated in 

1952, at a time when a consular officer 

could more readily assess a family 

member’s potential qualification for a 

visa without a formal visa application. 

Assessing eligibility for an immigrant 

visa is now a more complex task and not 

one which can be accomplished 

accurately with an informal evaluation. 

DATES: This final rule is effective on 

January 8, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Claire Kelly, Office of Visa Services, 

Bureau of Consular Affairs, Department 

of State; telephone (202) 485–7586, 

VisaRegs@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department published a notice of 

proposed rulemaking, Public Notice 

11604 at 88 FR 16384 (Mar. 17, 2023) 

(hereafter ‘‘proposed rule’’), with a 

request for comments, proposing to 

amend Part 42 of Title 22 of the Code 

of Federal Regulations. The rule will 

eliminate 22 CFR 42.68 in its entirety. 

The regulatory amendment was 

discussed in detail in the proposed rule, 

and that discussion is adopted by 

reference in this final rule. The 

Department received two responsive 

comments, both in support of 

eliminating 22 CFR 42.68. The 

Department is now promulgating a final 

rule with no changes from the proposed 

rule. This rule results in no change for 

applicants, as the authority granted by 

22 CFR 42.68 was no longer used by 

consular officers.1

Analysis of Comments 

The proposed rule was published in 

the Federal Register on March 17, 2023. 

The comment period closed May 16, 

2023. The Department received two 

responsive comments, both in favor of 

the proposed elimination of 22 CFR 

42.68, and one non-responsive 

comment. 

One of the two responsive comments 

advocated for replacing 22 CFR 42.68 

with ‘‘supportive and accessible 

eligibility screenings for noncitizens 

seeking visas,’’ while the other comment 

only expressed its support for the 

proposed elimination. The Department 

has considered these comments. 

Considering the complexity required to 

evaluate a noncitizen’s eligibility for a 

visa, and limited resources to reliably 

assess eligibility absent a visa 

application, the Department is unable to 

offer any eligibility screenings. 

Noncitizens who wish to receive a 

nonimmigrant or immigrant visa must 

formally apply for a visa to allow a 

consular officer to assess their eligibility 

for the visa. 

Regulatory Findings 

A. Administrative Procedure Act 

As this rule involves amending visa 

policy, which is a foreign affairs 

function of the United States, it is 

exempt from both the delayed effective 

date and notice and comment 

requirements of 5 U.S.C. 553 per 

subsection (a)(1). Notwithstanding the 

applicability of the foreign affairs 

exception to this rule, the Department, 

for its own benefit, sought public 

comment on the proposed elimination 

of 22 CFR 42.68. See, e.g., Hoctor v. U.S. 

Dep’t of Agric., 82 F.3d 165, 171–72 (7th 

Cir. 1996) (observing that there is 

nothing in the APA that forbids an 

agency’s use of notice-and-comment 

procedures even if not required under 

the APA, and that courts should attach 

no weight to an agency’s varied 

approaches involving similar rules). 

Though this rule is not subject to 5 

U.S.C. 553(d), the Department is also 

choosing to delay the effective date of 

this rule for 30 days. 

B. Regulatory Flexibility Act 

As this rulemaking is not required to 

be published for notice and comment 

under 5 U.S.C. 553, it is exempt from 

the regulatory flexibility analysis 

requirements set forth by the Regulatory 


ddrumheller on DSK120RN23PROD with RULES1
85110 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 

Flexibility Act. Nonetheless, as this rule 

eliminates a currently unused authority, 

the Department certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. Congressional Review Act 

This rule is not a major rule as 

defined by the Congressional Review 

Act (5 U.S.C. 801 et seq.). 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 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

import markets. 

D. Executive Orders 12866, 13563, and 

14094 

Notwithstanding that the policies of 

the Secretary of State in exercising their 

authority to conduct international 

affairs through the granting or refusal of 

visas to foreign nationals is a foreign 

affairs function, the Department has 

submitted this rule to OIRA for review 

and OIRA has deemed this rule to be not 

significant. The Department has also 

considered this final rule in light of E.O. 

13563 and E.O. 14094 and affirms that 

this rule is consistent with the guidance 

therein. 

As noted in the NPRM, the Visa Office 

consulted with management in the 

immigrant visa units of five of the 

largest-volume immigrant visa 

processing posts: Ciudad Juarez, Manila, 

Santo Domingo, Mumbai, and Dhaka. 

Each of the five posts reported they do 

not provide this service. Given that 

these five posts process 32 percent of 

the immigrant visas worldwide, and 

they have no information regarding the 

provision of this service, we are 

confident that eliminating this 

regulation will not result in significant 

impacts. 

E. Executive Order 13175 

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 Executive Order 13175 

do not apply to this rulemaking. 

F. 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. 

G. Other 

The Department has also considered 

this rule under the Unfunded Mandates 

Reform Act of 1995 and Executive 

Orders 12372, 13132, and 13272 and 

affirms this rule is consistent with the 

applicable mandates or guidance 

therein. 

List of Subjects in 22 CFR Part 42 

Immigration, Passports, Visas. 

Accordingly, for the reasons set forth 

in the preamble, 22 CFR 42 is amended 

as follows: 

PART 42—VISAS: DOCUMENTATION 

OF IMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104 and 1182; Pub. L. 

105–277, 112 Stat. 2681; Pub. L. 108–449, 

118 Stat. 3469; 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)); 

42 U.S.C. 14901–14954 (Pub. L. 106–279, 114 

Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287, 

124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109– 

162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 

114–70, 129 Stat. 561). 

§ 42.68 [Removed and reserved] 

■ 2. Remove and reserve § 42.68. 

Julie M. Stufft, 

Deputy Assistant Secretary for Visa Services, 

Consular Affairs, Department of State. 

[FR Doc. 2023–26907 Filed 12–6–23; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[USCG–2023–0899] 

Special Local Regulations; Marine 

Events Within the Captain of the Port 

Charleston 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulation for the 

Charleston Parade of Boats on December 

9, 2023, to provide for the safety of life 

on navigable waterways during this 

event. Our regulation for marine events 

within the Captain of the Port 

Charleston identifies the regulated area 

for this event in Charleston, SC. During 

the enforcement period, no person or 

vessel may enter, transit through, 

anchor in, or remain within the 

regulated area unless authorized by the 

Coast Guard Patrol Commander or a 

designated representative. 

DATES: The regulations in 33 CFR 

100.704 will be enforced from 4 p.m. 

through 8 p.m. on December 9, 2023, for 

the location identified in paragraph (d), 

Item 10 in table 1 to § 100.704. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant James Sullivan, Sector 

Charleston Waterways Management 

Division, U.S. Coast Guard; telephone 

843–740–3184, email 

James.P.Sullivan2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.704 for the 

Charleston Parade of Boats regulated 

area identified in table 1 to § 100.704, 

paragraph (d), Item 10, from 4 p.m. until 

8 p.m. on December 9, 2023. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

this event. Our regulation for recurring 

marine events, Captain of the Port 

Charleston, § 100.704, paragraph (d), 

Item 10, specifies the location of the 

regulated area for the Charleston Parade 

of Boats, which encompasses portions of 

the Charleston Harbor located in 

Charleston, SC, including Anchorage A, 

Shutes Folly, Bennis Reach, Horse 

Reach, Hog Island Reach, Town Creek 

Lower Reach, and Ashley River. Under 

the provisions of 33 CFR 100.704, all 

persons and vessels are prohibited from 

entering the regulated area, except those 

persons and vessels participating in the 

event, unless they receive permission to 

do so from the Coast Guard Patrol 

Commander, or designated 

representative. 

Spectator vessels may safely transit 

outside the regulated area, but may not 

anchor, block, loiter in, impede the 

transit of festival participants or official 

patrol vessels or enter the regulated area 

without approval from the Coast Guard 

Patrol Commander or a designated 

representative. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. In addition to this notice 

of enforcement in the Federal Register, 

the Coast Guard will provide notice of 

the regulated area via Local Notice to 

Mariners, Marine Safety Information 

Bulletins, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 


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