Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Rules and Regulations 1837

PART 43—[REMOVED AND

RESERVED]

PART 44—[REMOVED AND

RESERVED]

PART 47—[REMOVED AND

RESERVED]

PART 45—[AMENDED]

24. The authority citation for part 45

continues to read as follows:

Authority: 8 U.S.C. 1104; 8 U.S.C. 1153.

25. Section 45.5 is amended by

revising paragraph (e) to read as follows:

PART 45 VISAS: DOCUMENTATION OF

IMMIGRANTS UNDER SECTION 124 OF

PUBLIC LAW 101–649.

§ 45.5 Redetermination of admissibility if

visa validity extended.

* * * * *

(e) For the purposes of this section,

‘‘qualifying position’’ shall include both

the position occupied by the alien at the

time the petition in the alien’s behalf

was approved and any other position

within the petitioning entity’s

organization, regardless of geographical

location, which would otherwise meet

the requirements for approval of such a

petition in the alien’s behalf. For the

purposes of this section, qualifying

employment shall mean any position in

the United States of the kind required

for approval of such a petition.

Dated: December 15, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96–1012 Filed 1–23–96; 8:45 am]

BILLING CODE 4710–06–P

22 CFR Part 41

[Public Notice 2403]

Visas: Documentation of

Nonimmigrants Under the Immigration

and Nationality Act, as Amended

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Interim final rule, with request

for comments.

SUMMARY: The Violent Crime Control

and Law Enforcement Act of 1994

created a new nonimmigrant visa

classification by adding section

101(a)(15)(S) to the Immigration and

Nationality Act. These regulatory

amendments establish standards for the

issuance of nonimmigrant visas under

this classification.

DATES: Effective January 24, 1996.

Written comments are invited and must

be received on or before March 25, 1996.

ADDRESSES: Written comments may be

submitted, in duplicate, to the Chief,

Legislation and Regulations Division,

Visa Services, Department of State,

Washington, D.C. 20522–0113, (202)

663–1204.

SUPPLEMENTARY INFORMATION: The

Violent Crime Control and Law

Enforcement Act of 1994, Public Law

103–322, was signed by the President on

September 13, 1994. Section 130003 of

the Act amended the Immigration and

Nationality Act by adding section

101(a)(15)(S), a new nonimmigrant visa

classification. This visa classification

provides for the admission into the

United States of certain alien witnesses

and informants.

The first of two paragraphs of the new

section 101(a)(15)(S) provides for the

admission of aliens determined by the

Attorney General to possess critical

reliable information concerning a

criminal organization or enterprise. The

alien must be willing to provide that

information to federal and/or state

authorities, and the Attorney General

must determine that his/her presence is

essential to the success of an authorized

criminal investigation or prosecution.

Pursuant to a new section 214(j)(i) of the

INA also added by section 13003, no

more than 100 visas are available in this

category per fiscal year.

The second paragraph of 101(a)(15)(S)

provides for nonimmigrant visas for

aliens whom the Secretary of State and

the Attorney General jointly determine

possess critical reliable information

about a terrorist organization, enterprise

or operation, and who are willing to

provide or have provided such

information to federal law enforcement

authorities, or a federal court, and who

will be or have been placed in danger

as the result of providing such

information. They must also be eligible

for an award under section 36(a) of the

State Department’s Basic Authorities

Act of 1956. Pursuant to the new section

214(j)(i) of the INA referred to above, no

more than 25 visas are available in this

category per fiscal year.

The spouse, married and unmarried

sons and daughters, and parents of

aliens classified under subsection (S)(i)

or (S)(ii) may be granted derivative

status, if the Attorney General (or in the

case of (S)(ii), the Secretary of State and

the Attorney General jointly) consider it

appropriate.

The enactment of this section

provides a new mechanism to admit

aliens into the U.S. as witnesses and

informants. Under past law the only

means to admit such aliens were either

in the B visa category or under parole.

This visa classification requires the

Attorney General in the case of the first

subsection and the Attorney General

and the Secretary of State in the case of

the second subsection to determine that

all the statutory requirements are met

prior to visa issuance. The Immigration

and Naturalization Service (INS) has

promulgated extensive regulations [60

FR 44260] on this classification,

explaining how the law enforcement

agencies interact with the Attorney

General in order to meet the applicable

legal requirements.

Under subsection (ii) of the S

classification, the Secretary of State and

the Attorney General act jointly in

determining the alien’s entitlement to

classification. The initial stages of

processing under (S)(ii) lie with the

Department of State. When a potential

(S)(ii) alien is identified, it must be

determined that the alien is eligible to

receive a reward under section 36(a) of

the State Department Basic Authorities

Act of 1956. The responsibility of

carrying out this reward program under

section 36(a) of that Act is delegated by

the Secretary of State to the Assistant

Secretary of State for Diplomatic

Security. Section 226 of Volume 12 of

the Foreign Affairs Manual sets forth the

procedures established to carry out the

requirements of section 36(a),

processing of cases through the rewards

committee. Determination of eligibility

for receipt of a reward under section

36(a) made by the rewards committee is

certified to the Assistant Secretary of

State for Consular Affairs, to whom the

Secretary has delegated the

responsibility to implement the visa

function under the Immigration and

Nationality Act, which would

necessarily include the recently added

section 101(a)(15)(S). Acting on behalf

of the Assistant Secretary for Consular

Affairs, the Visa Office will then certify

to the Attorney General the alien’s

eligibility for classification under

subsection (s)(ii).

When determinations of entitlement

to visa status under either section (S)(i)

or (S)(ii) are completed, the INS, on

behalf of the Attorney General, certifies

such to the Visa Office which then

communicates with the relevant

consular post. The consular officer will

process the visa application pursuant to

guidance and instruction provided by

the Visa Office. A visa may be

authorized for the period necessary

pursuant to the Attorney General’s

certification, but for a period not to

exceed the three year statutory limit.

The implementation of the numerical

limitation, as well as the adjustment of
1838 Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Rules and Regulations

status procedures, is addressed in the

INS regulations, as that agency bears the

responsibility for administering those

provisions.

Interim Final Rule

Law enforcement agencies need

access to the benefits provided in this

legislation and, while the Department

can administer the S visa on the basis

of the INA, without regulations, use of

the S visa by law enforcement agencies

will be facilitated by prompt

formulation of these regulatory

provisions and the guidance, controls,

and structure they afford. Moreover,

given the unique characteristics of the S

visa, as a classification available in the

discretion of the Attorney General or

Secretary of State for law enforcement

and counter-terrorism purposes only,

this regulation does not pertain to a visa

classification that will be available to

the general public. Prior notice and

public comment with respect to this

rule are therefore impracticable,

unnecessary and contrary to the public

interest. Under these conditions, there is

good cause under 5 U.S.C 553 to make

the rule effective upon publication, with

public comments to be considered

thereafter.

In accordance with 5 U.S.C. 605(b)

[Regulatory Flexibility Act], it is

certified that this rule does not have a

‘‘significant adverse economic impact’’

on a substantial number of small

entities. This rule is exempt from E.O.

12866, but has been coordinated with

the Immigration and Naturalization

Service because joint action of the

Secretary of State and the Attorney

General is required under INA

101(a)(15)(S), as amended. The rule

imposes no reporting or recordkeeping

action on the public requiring the

approval of the Office of Management

and Budget under the Paperwork

Reduction Act. This rule has been

reviewed as required by E.O. 12778 and

is certified to be in compliance

therewith.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Passports and

Visas, Witnesses and Informants.

Accordingly, title 22, part 41 of the

Code of Federal Regulations, is

amended as follows:

PART 41—[AMENDED]

1. The authority citation for part 41 is

revised to read as follows:

Authority: 8 U.S.C. 1104.

2. Part 41, Subpart I is amended by

revising the heading to read as follows:

Subpart I—Fiance(e)s and Other

Nonimmigrants

3. A new § 41.82 is added to read as

follows:

§ 41.82 Certain Parents and Children of

Section 101(a)(27)(I) Special Immigrants

[Reserved]

4. A new § 41.83 is added to read as

follows:

§ 41.83 Certain Witnesses and Informants.

(a) General. An alien shall be

classifiable under the provisions of INA

101(a)(15)(S) if:

(1) The consular officer is satisfied

that the alien qualifies under the

provisions of that section; and

(2)(i) The consular officer has

received verification from the

Department of State, Visa Office, that:

(A) in the case of INA 101(a)(15)(S)(i)

the INS has certified on behalf of the

Attorney General that the alien is

accorded such classification, or

(B) in the case of INA 101(a)(15)(S)(ii)

the Assistant Secretary of State for

Consular Affairs on behalf of the

Secretary of State and the INS on behalf

of the Attorney General have certified

that the alien is accorded such

classification;

(ii) and the alien is granted an INA

212(d)(1) waiver of any INA 212(a)

ground of ineligibility known at the

time of verification.

(b) Certification of S visa status. The

certification of status under INA

101(a)(15)(S)(i) by the Attorney General

or of status under INA 101(a)(15)(S)(ii)

by the Secretary of State and the

Attorney General acting jointly does not

establish that the alien is eligible to

receive a nonimmigrant visa.

(c) Validity of Visa. The period of

validity of a visa authorized on the basis

of paragraph (a) of this section shall not

exceed the period indicated in the

certification required in paragraph (b)

and shall not in any case exceed the

period of three years.

Dated: December 6, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96–1013 Filed 1–23–96; 8:45 am]

BILLING CODE 4710–06–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE24–1–7156a; FRL–5401–2]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware Ozone Emission Inventory

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Delaware State Implementation Plan

(SIP) which pertains to the 1990 base

year emission inventory for the

marginal, moderate, and severe ozone

nonattainment areas within the State.

The ozone nonattainment areas consist

of the counties of Sussex (marginal),

New Castle and Kent (both severe). The

SIP was submitted by the Delaware

Department of Natural Resources and

Environmental Control (DNREC) for the

purpose of attaining the national

ambient air quality standard (NAAQS)

for ozone. This action is being taken

under section 110 of the Clean Air Act.

EFFECTIVE DATE: This action will become

effective March 25, 1996, unless notice

is received on or before February 23,

1996, that adverse or critical comments

will be submitted. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460;

Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 597–3164, at EPA Region

III address.

SUPPLEMENTARY INFORMATION: The

Delaware Department of Natural

Resources and Environmental Control

(DNREC) submitted a revision to the

Delaware SIP on May 27, 1994. The SIP

revision consists of 1990 base year

emission inventories for the ozone