1832 Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Rules and Regulations

increased rate of weight gain and

improved feed efficiency.

EFFECTIVE DATE: January 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Dianne T. McRae, Center for Veterinary

Medicine (HFV–102), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–1623.

SUPPLEMENTARY INFORMATION:

Planalquimica Industrial Ltda., Rua das

Magnolias nr. 2405, Jardim das

Bandeiras, CEP 13053–120, Campinas,

Sao Paulo, Brazil, has filed ANADA

200–164, which provides for the use of

single ingredient nicarbazin and

bacitracin methylene disalicylate Type

A articles to make combination drug

Type C broiler feed containing 113.5

grams per ton (g/t) nicarbazin with 30 g/

t bacitracin methylene disalicylate. The

feed is used as an aid in preventing

outbreaks of cecal (Eimeria tenella) and

intestinal (E. acervulina, E. maxima, E.

necatrix, and E. brunetti) coccidiosis

and for increased rate of weight gain

and improved feed efficiency in broiler

chickens.

The ANADA is approved as a generic

copy of Merck Research Laboratories’

NADA 98–378, which was approved on

March 15, 1995, and announced in the

Federal Register of June 5, 1995 (60 FR

29483). ANADA 200–164 is approved as

of January 24, 1996, and the regulations

are amended in § 558.366 (21 CFR

558.366) to reflect the approval. The

basis for approval is discussed in the

freedom of information summary.

Additionally, § 558.366(a) is revised

to clarify that the listed sponsors are

only approved for those uses of the 25

percent nicarbazin Type A medicated

article in the table accompanied by their

drug labeler code in the ‘‘Sponsor’’

column. Consistent with this, the code

for Planalquimica is being added to the

‘‘Sponsor’’ column because it was

inadvertently omitted when the firm’s

approval for use of nicarbazin alone in

chicken feed was announced in the

Federal Register of June 28, 1995 (60 FR

33342).

In accordance with the freedom of

information provisions of part 20 (21

CFR part 20) and § 514.11(e)(2)(ii) (21

CFR 514.11(e)(2)(ii)), a summary of

safety and effectiveness data and

information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, rm. 1–23, 12420

Parklawn Dr., Rockville, MD 20857,

between 9 a.m. and 4 p.m., Monday

through Friday.

ANADA 200–164 provides for use of

nicarbazin and bacitracin methylene

disalicylate Type A medicated articles

to make Type C medicated feeds.

Nicarbazin is a Category II drug which,

as provided in 21 CFR 558.4, requires an

approved Form FDA 1900 for making

Type C medicated feeds. Therefore, use

of nicarbazin Type A medicated articles

in making Type C medicated feeds as in

this ANADA requires an approved Form

FDA 1900.

The agency has determined under 21

CFR 25.24(d)(1)(ii) that this action is of

a type that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

List of Subjects in 21 CFR Part 558

Animal drugs, Animal feeds.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 558 is amended as follows:

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

1. The authority citation for 21 CFR

part 558 continues to read as follows:

Authority: Secs. 512, 701 of the Federal

Food, Drug, and Cosmetic Act (21 U.S.C.

360b, 371).

2. Section 558.366 is amended by

revising paragraph (a), and in the table

in paragraph (c) under the ‘‘Sponsor’’

column in the entry for ‘‘113.5 (0.0125

pct)’’ by numerically adding ‘‘060728’’,

and in the same column in the item

‘‘Bacitracin methylene disalicylate 30’’

by numerically adding ‘‘060728’’ to read

as follows:

§ 558.366 Nicarbazin.

(a) Type A medicated articles: 25

percent to 000006, 000986, and 060728

in § 510.600(c) of this chapter for use as

indicated in the table in paragraph (c) of

this section.

* * * * *

Dated: December 28, 1995.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 96–941 Filed 1–23–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 40 and 41

[Public Notice 2312]

Visas: Regulations Pertaining to

Nonimmigrants and Immigrants Under

the Immigration and Nationality Act, as

Amended

AGENCY: Bureau of Consular Affairs,

DOS.

ACTION: Final rule.

SUMMARY: On March 4, 1995, the

President, as part of the

Administration’s regulatory reinvention

initiative, directed all heads of

departments and agencies, inter alia, to

conduct a page-by-page review of all

regulations and to ‘‘eliminate or revise

those that are outdated or otherwise in

need of reform.’’ (Memorandum for

Heads of Departments and Agencies,

Regulatory Reinvention Initiative,

March 4, 1995.) In response, the Visa

Office of the Department of State has

undertaken a review of its visa

regulations to determine whether they

may be eliminated, shortened, or

rewritten in a more understandable

fashion.

EFFECTIVE DATES: January 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Stephen K. Fischel, Chief, Legislation

and Regulations Division, Visa Office,

(202) 663–1204.

SUPPLEMENTARY INFORMATION: The

President has directed each agency to

undertake a review of its regulations for

the purpose of reducing the regulations

or, when possible, rendering them more

readable and comprehensible. The Visa

Office of the Department of State has

engaged in a thorough line-by-line

review of all visa related regulations in

parts 40 through 45 and part 47 of Title

22 of the Code of Federal Regulations.

As a result, the Visa Office is proposing

various amendments to the regulations

consistent with the President’s

directive. The Visa Office is also using

this opportunity to make other

necessary changes to the regulations.

The Visa Office will be publishing the

proposed changes in a series of

publications.

Editing

This rule makes editorial changes to

two sections in 22 CFR Part 40 and to

five sections in Part 41.

Part 40 Amendments

The amendment to § 40.62 changes

the section by incorporating the

statutory period of time one must
Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Rules and Regulations 1833

remain outside the U.S. following

deportation by specific reference to the

statute rather than by repeating the

statutory language which the regulation

currently does.

The amendment to § 40.93 will ensure

that it accurately reflects INA

212(a)(9)(C) as amended by sec. 307 of

the Miscellaneous and Technical

Immigration and Naturalization

Amendments of 1991 (Pub. L. 102–232)

Dec. 12, 1991.

Part 41 Amendments

This rule amends §§ 41.53, 41.54,

41.55, 41.56 and 41.57, relating to H, L,

O, P, and Q visas. As these business visa

classifications require the approval of a

petition by the Immigration and

Naturalization Service, the Department’s

regulatory structure at 22 CFR part 41 is

similar for each of these classifications.

The amendments shorten each

regulation by making reference to

official evidence of approval of status by

the INS rather than identifying specific

types of evidence, such as petitions,

approval notices, etc., which reflect

approval status.

Final Rule

Because the changes to 22 CFR made

by this rule are editorial and non

substantive, it has, been determined that

notice and public comment are

unnecessary. This rule, therefore, meets

the good cause exception under 5 U.S.C.

553(b)(B) and is being published as a

final rule.

This rule is not considered to have a

significant impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

This rule imposes no reporting or record

keeping requirements 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 certified to be in compliance

therewith. It is exempt from E.O. 12866

but has been reviewed and found to be

consistent therewith.

List of Subjects in 22 CFR Parts 40 and

41

Aliens, Nonimmigrants, Immigrants,

Ineligibilities, Visas and passports.

Proposed Regulations

In view of the foregoing, title 22 of the

Code of Federal Regulations subchapter

E—parts 40, and 41 are amended to read

as follows.

PART 40—[AMENDED]

1. The authority citation for part 40

continues to read:

Authority: 8 U.S.C. 1104.

2. Part 40 is amended by revising

§ 40.62 to read as follows:

§ 40.62 Certain aliens arrested and

deported.

An alien who was arrested and

deported from the United States under

INA 212(a)(6)(B) shall not be issued a

visa unless the alien has complied with

the time limitations therein or has

obtained permission from the

Immigration and Naturalization Service

to reapply for admission to the United

States.

3. Section 40.93 is revised to read as

follows:

§ 40.93 International child abduction.

An alien who would otherwise be

ineligible under INA 212(a)(9)(C)(i) shall

not be ineligible under such paragraph

if the U.S. citizen child in question is

physically located in a foreign state

which is party to the Hague Convention

on the Civil Aspects of International

Child Abduction.

PART 41—[AMENDED]

4. The authority citation for part 41

continues to read:

Authority: 8 U.S.C. 1104.

5. Part 41 is revised by amending

paragraph (a) of § 41.53 to read as

follows:

§ 41.53 Temporary Workers and Trainees.

(a) Requirements for H classification.

An alien shall be classifiable under INA

101(a)(15)(H) if:

(1) The consular officer is satisfied

that the alien qualifies under that

section; and either

(2) With respect to the principal alien,

the consular officer has received official

evidence of the approval by INS of a

petition to accord such classification or

of the extension by INS of the period of

authorized entry in such classification;

or

(3) The consular officer is satisfied the

alien is the spouse or child of an alien

so classified and is accompanying or

following to join the principal alien.

* * * * *

6. Section 41.54 is amended by

revising paragraph (a) to read as follows:

§ 41.54 Intracompany transferees

(executives, managers, and specialists).

(a) Requirements for L classification.

An alien shall be classifiable under the

provisions of INA 101(a)(15)(L) if:

(1) The consular officer is satisfied

that the alien qualifies under that

section; and either

(2) In the case of an individual

petition, the consular officer has

received official evidence of the

approval by INS of a petition to accord

such classification or of the extension

by INS of the period of authorized stay

in such classification; or

(3) In the case of a blanket petition,

the alien has presented to the consular

officer official evidence of the approval

by INS of a blanket petition

(i) listing only those intracompany

relationships and positions found to

qualify under INA 101(a)(15)(L) or

(ii) to accord such classification to

qualified aliens who are being

transferred to qualifying positions

identified in such blanket petition; or

(4) The consular officer is satisfied the

alien is the spouse or child of an alien

so classified and is accompanying or

following to join the principal alien.

* * * * *

7. Section 41.55 is amended by

revising paragraph (a) introductory text,

(a)(1) and (2) to read as follows:

§ 41.55 Aliens with extraordinary ability.

(a) Requirements for O classification.

An alien shall be classifiable under the

provisions of INA 101(a)(15)(O) if:

(1) The consular officer is satisfied

that the alien qualifies under the

provisions of that section; and either

(2) With respect to the principal alien,

the consular officer has received official

evidence of the approval by INS of a

petition to accord such classification or

of the extension by INS of the period of

authorized stay in such classification; or

* * * * *

8. Section 41.56 is amended by

revising paragraph (a) introductory text,

(a) (1) and (2) to read as follows:

§ 41.56 Athletes, artists, and entertainers.

(a) Requirements for P classification.

An alien shall be classifiable under the

provisions of INA 101(a)(15)(P) if:

(1) The consular officer is satisfied

that the alien qualifies under the

provisions of that section; and either

(2) With respect to the principal alien,

the consular officer has received official

evidence of the approval by INS of a

petition to accord such classification or

of the extension by INS of the period of

authorized stay in such classification; or

* * * * *

9. Section 41.57 is amended by

revising paragraph (a)(2) and paragraph

(c) to read as follows, and by deleting

paragraph (a)(3).

§ 41.57 International cultural exchange

visitors.

(a) * * *

(2) The consular officer has received

official evidence of the approval by INS

of a petition or the extension by INS of
1834 Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Rules and Regulations

the period of authorized stay in such

classification.

* * * * *

(b) * * *

(c) Validity of Visa. The period of

validity of a visa issued on the basis of

paragraph (a) of this section must not

exceed the period indicated in the

petition, notification, or confirmation

required in paragraph (a)(2) of this

section.

Dated: December 14, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96–1011 Filed 1–23–96; 8:45 am]

BILLING CODE 4710–06–P

22 CFR Parts 40, 41, 42, 43, 44, 45, and

47

[Public Notice 2311]

Visas: Regulations Pertaining to Both

Nonimmigrants and Immigrants Under

the Immigration and Nationality Act, as

Amended

AGENCY: Bureau of Consular Affairs,

DOS.

ACTION: Final rule.

SUMMARY: On March 4, 1995, the

President, as part of the

Administration’s regulatory reinvention

initiative, directed all heads of

departments and agencies, inter alia, to

conduct a page-by-page review of all

regulations and to ‘‘eliminate or revise

those that are outdated or otherwise in

need of reform.’’ (Memorandum for

Heads of Departments and Agencies,

Regulatory Reinvention Initiative,

March 4, 1995.) In response, the Visa

Office of the Department of State has

undertaken a review of its visa

regulations to determine whether they

may be eliminated, shortened, or

rewritten in a more understandable

fashion. This final rule reflects the first

publication of changes to 22 CFR,

Chapter I being made as a result of this

review.

EFFECTIVE DATE: January 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Stephen K. Fischel, Chief, Legislation

and Regulations Division, Visa Office,

(202) 663–1204.

SUPPLEMENTARY INFORMATION: The

President has directed each agency to

undertake a review of its regulations for

the purpose of reducing the regulations

or, when possible, rendering them more

readable and comprehensible. The Visa

Office of the Department of State has

engaged in a thorough line-by-line

review of all visa related regulations in

parts 40 through 45 and part 47 of Title

22 of the Code of Federal Regulations.

As a result, the Visa Office is proposing

various amendments to the regulations

consistent with the President’s

directive. The Visa Office is also using

this opportunity to make other

necessary changes to the regulations.

The Visa Office will be publishing the

proposed changes in a series of separate

publications.

Updating

Several regulations were originally

crafted to address time-limited

circumstances under the law. With the

passage of time or as the result of the

enactment of technical corrections,

these provisions have become moot.

Consequently, pertinent amendments

are made to the following sections:

Part 40: §§ 40.1(h), 40.1(m), 40.51(a) and

(c) and 40.52.

Part 41: §§ 41.11(a) and (b); 41.12; and

41.42(b)(1).

Part 42: §§ 42.31(c); 42.52(a); 42.54;

42.55(a); and 42.74(b).

This rule also repeals Parts 43; 44 and

47.

S Visa

This rule assigns visa symbols to the

visa classifications created by the

provisions of section 130003 of Pub. L.

103–322 which concerns aliens who

supply to the U.S. critical information

relating to terrorism and criminal

organizations or enterprises. This rule

revises section 41.12 to reflect the

existence of these new nonimmigrant

classifications and to provide the

appropriate visa symbols.

Terminated Programs

The Immigration Reform and Control

Act of 1986 (Pub. L. 99–603), the

Immigration Amendments Act of 1988

(Pub. L. 100–658), and the Immigration

Act of 1990 (Pub. L. 101–649) created

several temporary immigrant

classifications. The following parts are

being repealed by this rule since these

programs have terminated with the

passage of time: Part 43 which

implemented the FY 1987–FY 1988

Nonpreference Program under sec. 314

of Pub. L. 99–603 (commonly known as

the NP–5 Program), and its successor,

the FY 1992–1994 Diversity Transitional

Visa Program under sec. 132 of Pub. L.

101–649 (commonly known as the AA–

1 Program); Part 44 which implemented

the FY 1990–1991 Immigrant Program

under sec. 3 of Pub. L. 100–658

(commonly known as the OP–1

program); and Part 47 which

implemented the FY 1991–1993

Transitional Program for Displaced

Tibetans, sec. 134 of Pub. L. 101–649.

Transitional Visas for Legalized Aliens

Sec. 112 of the Immigration Act of

1990 (Pub. L. 101–649) provided

transitional immigrant visa numbers for

legalized aliens in FY 1992–1994. As

this provision lapsed, the following

sections are amended to remove any

reference to the transitional provisions:

§§ 42.31(c) 42.52(a), 42.54, 42.55(a) and

42.74(b).

Miscellaneous Provisions

Several other sections of 22 CFR have

been amended to reflect changes in the

law. Sec. 40.1(h) is amended to accord

immigrant visa status under INA 203(b),

the Diversity Program. It is also edited

for clarity. As the Immigration Act of

1990 (Pub. L. 101–649) imposed

different effective dates for various

subtitles of the Act, both § 40.1(m) and

§ 40.51(a) and (c) were written to

conform with those variances in

effective dates. They are now edited to

remove any reference to such dates.

Lastly, § 41.41(b)(1) has been amended

to remove the reference to the obsolete

Form I–551.

Typographical Corrections

Previous issues of the Federal

Register contained typographical errors

which are being corrected in this rule.

On page 21211 in the issue of May 7,

1991, in the third column under

paragraph (b) of the regulation at

§ 40.63(b), ‘‘hereunder’’ should have

read ‘‘thereunder.’’ In the same

publication on page 21212 in the second

column under paragraph (a)(5) of the

regulation at § 40.101, ‘‘therefore’’

should have read ‘‘therefor.’’ In the July

2, 1991 issue, on page 30428 in the first

column under § 41.1, the reference to

‘‘INA 212(a)(i)(I)’’ in the introductory

paragraph should have read ‘‘INA

212(a)(7)(B)(i)(I), (i)(II),’’and under

§ 41.1(a) there should have been a

comma following the words ‘‘permanent

residence.’’ Finally in the first column

of the July 17, 1991 issue, on page 32507

under § 45.5(e), the word ‘‘position’’ in

the fourth line should have read

‘‘petition.’’

The 1995 edition of 22 CFR contains

the following typographical errors: in

§ 41.3(d) the word ‘‘consulat’’ should be

‘‘consular’’; in § 42.63(a)(2) the word

‘‘custory’’ should read ‘‘custody’’; in

§ 42.72(e) the parentheses around the

‘‘(Pub. L. 101–649)’’ should be removed;

and in § 42.82(g)(1) the ‘‘e’’ should be

removed from the word ‘‘therefore’’. On

page 42611 in the November 5, 1987

issue in the third column under

§ 41.113, the citation ‘‘INA 101(a)(3)’’

should read ‘‘INA 101(a)(30).’’ This rule