Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations 49091 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On August 28, 2007, the U.S. Army 

requested the FAA take action to modify 

R–5107A, White Sands Missile Range, 

NM, by subdividing the area to reduce 

the size of R–5107A and establish 

R–5107K. The U.S. Army assessed the 

utilization of the existing R–5107A, and 

determined their operations are 

contained to the west side of War 

Highway 11, 70 to 90 percent of the 

time. The requested action makes the 

unused area available for use by 

nonparticipating civil aircraft. The U.S. 

Army has also determined that a small 

area at the northwest corner of the 

existing R–5107A is not needed and 

requested a boundary reduction. The 

subdivision of R–5107A, into R–5107A 

and R–5107K, will allow airspace 

managers the opportunity to return 

unused airspace east of War Highway 11 

for use by nonparticipating civil aircraft 

during periods of inactivity. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

revisingR–5107A, White Sands Missile 

Range, NM, by dividing the area into 2 

sub areas, R–5107A and R–5104K. 

Together, R–5107A and R–5107K will 

occupy the same vertical, but slightly 

smaller lateral area by eliminating the 

northwest corner of the existing R–

5107A. Additionally, R–5107K will only 

be active 0700–2000 local time, Monday 

through Friday, rather than the current 

continuous time of designation. Since 

this action permits greater access to 

airspace by both Visual Flight Rules and 

Instrument Flight Rules aircraft during 

periods of activation of R–5107A and R–

5107K, notice and public procedures 

under 5 U.S.C. 533(b) are unnecessary. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends restricted areas in New 

Mexico. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311d., 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 73.51 [Amended] 

■ 2. § 73.51 is amended as follows: 

* * * * * 

R–5107A White Sands Missile Range, NM 

[Revised] 

Boundaries. Beginning at lat. 32°19′30′′ N., 

long. 106°34′02′′ W.; to lat. 32°19′30′′ N., 

long. 106°23′49′′ W.; to lat. 32°14′33′′ N., 

long. 106°23′46′′ W.; to lat. 32°12′17′′ N., 

long. 106°24′17′′ W.; to lat. 32°08′51′′ N., 

long. 106°30′01′′ W.; to lat. 32°08′40′′ N., 

long. 106°34′02′′ W.; to the point of 

beginning. 

* * * * * 

R–5107K White Sands Missile Range, NM 

[New] 

Boundaries. Beginning at lat. 32°19′30′′ N., 

long. 106°23′49′′ W.; to lat. 32°19′30′′ N., 

long. 106°20′38′′ W.; to lat. 32°24′48′′ N., 

long. 106°09′02′′ W.; to lat. 32°23′18′′ N., 

long. 106°07′05′′ W.; to lat. 32°05′00′′ N., 

long. 106°18′22′′ W.; to lat. 32°05′00′′ N., 

long. 106°29′02′′ W.; to lat. 32°06′20′′ N., 

long. 106°34′02′′ W.; to lat. 32°08′40′′ N., 

long. 106°34′02′′ W.; to lat. 32°08′51′′ N., 

long. 106°30′01′′ W.; to lat. 32°12′17′′ N., 

long. 106°24′17′′ W.; to lat. 32°14′33′′ N., 

long. 106°23′46′′ W.; to the point of 

beginning. 

Designated altitudes. Surface to unlimited. 

Time of designation. 0700–2000 local time, 

Monday–Friday, other times by NOTAM. 

Controlling agency. FAA, Albuquerque, 

ARTCC. 

Using agency. Commanding General, U.S. 

Army Air Defense Artillery Center and Fort 

Bliss Center, (USAADCENFB) Fort Bliss, TX. 

* * * * * 

Issued in Washington, DC, on August 14, 

2008. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E8–19271 Filed 8–19–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice: 6324] 

Documentation of Nonimmigrants 

Under the Immigration and Nationality 

Act, as Amended: Fingerprinting 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of State’s regulations 

relating to the application for a 

nonimmigrant visa, to generally require 

all applicants, with certain exceptions, 

to provide a set of ten scanned 

fingerprints as part of the application 

process. The scanning of ten 

fingerprints of nonimmigrant visa 

applicants has already been 

implemented. For the purposes of 

verifying and confirming identity, 

conducting background checks, and to 

ensure that an applicant has not 

received a visa or entered into the 

United States under a different name, 

the Department of State may use the 

fingerprints in order to ascertain from 

the appropriate authorities whether they 

have information pertinent to the 

applicant’s eligibility to receive a visa 

and for other purposes consistent with 

applicable law, regulations, and 

Department policy. 

DATES: This rule is effective on August 

20, 2008. 


sroberts on PROD1PC70 with RULES
49092 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Charles Robertson, Legislation and 

Regulations Division, Visa Services, 

Department of State, Washington, DC 

20520–0106, (202) 663–1202, e-mail 

(robertsonce3@state.gov). 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

This rule updates the regulations 

concerning documents and fingerprints 

to be provided in support of 

nonimmigrant visa applications. This 

amendment is necessary because 

regulations currently in place do not 

contain information about the general 

requirement for nonimmigrant visa 

applicants to provide ten fingerprints. In 

response to the requirements 

established by the Enhanced Border 

Security and Visa Entry Reform Act of 

2002, the collection of fingerprints from 

most nonimmigrant visa applicants was 

announced to the public in December 

2004 as part of the Biometric Visa 

Program. At that time, available 

technology allowed for efficient capture 

and comparisons of two fingerprints by 

means of scanning (fingerscans). Later, 

the process was expanded to 10 

fingerscans. Notice of the transition to 

ten fingerprints was published in the 

Federal Register at 72 FR 25351 (4 May 

2007). 

What effect does this rule change have 

on the nonimmigrant visa applicant? 

The Biometric Visa Program was 

introduced gradually, as technology 

allowed, and is now in place at all 

posts. Therefore, this rule change will 

have no effect on applicants. 

Must all applicants be fingerprinted? 

As described in the Federal Register 

notice, the majority of nonimmigrant 

visa applicants are required to be fingerscanned as part of the application 

process. There are currently some 

exceptions to the fingerprint 

requirement, including most applicants 

under the age of 14 years or over the age 

of 79. 

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 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 significant 

economic impact on a substantial 

number of small entities. This regulates 

individual aliens who seek 

consideration for nonimmigrant visas 

and does not affect any small entities, as 

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

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

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. 

The 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 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. 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: Regulatory 

Review 

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 the proposed regulation 

justify its 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 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. 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 the 

proposed regulations in light of sections 

3(a) and 3(b)(2) of Executive Order No. 

12988 to eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

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, Foreign officials, Immigration, 

Nonimmigrants, 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 7290 of Pub. L. 

108–458, as amended by section 546 of 

Public Law 109–295). 

■ 2. In § 41.105 add paragraph (b) to 

read as follows: 

§ 41.105 Supporting documents and 

fingerprinting. 

* * * * * 

(b) Fingerprinting. Every applicant for 

a nonimmigrant visa must furnish 

fingerprints, as required by the consular 

officer. 

* * * * * 

Dated: August 6, 2008. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E8–19316 Filed 8–19–08; 8:45 am] 

BILLING CODE 4710–06–P 


sroberts on PROD1PC70 with RULES