7670 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

Paragraph 6005 Class E5 airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

AGL WI E5 Black River Falls, WI 

Black River Falls Area Airport 

(lat. 44°15′02.7′′ N., long. 90°51′19.01′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Black River Falls Area Airport and 

within 3.9 miles each side of RNAV (GPS) 

Runway 08 approach course and extending 

from 6.4-mile radius to 8.8 miles west of the 

airport. This airspace is effective during 

specific dates and times established in 

advance by Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

* * * * * 

Issued in Fort Worth, TX on January 25, 

2008. 

Delisa Kik, 

Acting Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 08–528 Filed 2–8–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF STATE 

22 CFR Part 42 

[Public Notice: 6100] 

Visas: Documentation of Immigrants 

Under the Immigration and Nationality 

Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule revises the photo 

requirement as part of the application 

process for a Diversity Immigrant Visa, 

to require that the photo be in color. 

Color photographs enhance facial 

recognition and reduce the opportunity 

for fraud. 

DATES: This rule is effective February 

11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Charles Robertson, Legislation and 

Regulations Division, Visa Services, 

Department of State, 2401 E Street, NW., 

Room L–603D, Washington, DC 20520–

0106, (202) 663–1202, e-mail 

(robertsonce@state.gov). 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

In the past, photographs submitted at 

the time of electronically filing petitions 

for consideration under INA 203(c) for 

issuance of diversity immigrant visas 

could be in either color or black and 

white. As part of the general 

harmonization of photo requirements 

for all visa functions, this requirement 

is being amended to make color photos 

the only acceptable photographs for a 

petition for consideration for diversity 

visa issuance. Compared to black and 

white, color photographs enhance the 

facial recognition process and reduce 

the opportunity for fraud. 

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/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 diversity immigrant 

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 

The Department of State has reviewed 

this proposed 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 

proposed 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. 

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 42 

Immigration, Photographs, Visas. 

■ Accordingly, for the reasons set forth 

above, Title 22 part 42 is amended as 

follows: 

PART 42—[AMENDED] 

■ 1. The authority citation for part 42 

continues to read as follows: 

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

sec. 421. 

■ 2. Revise § 42.33 paragraph (b)(2) (iii) 

to read as follows: 

§ 42.33 Diversity immigrants. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) The image must be in color. 

* * * * * 

Dated: January 31, 2008. 

Maura Harty, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E8–2463 Filed 2–8–08; 8:45 am] 

BILLING CODE 4710–06–P 

mstockstill on PROD1PC66 with RULES