Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41883 

TABLE 6 TO PARAGRAPH (j)(2) OF THIS AD—REPETITIVE INSPECTION INTERVALS FOR MODEL C–295 AIRPLANES— 

Continued 

C–295 Model/version Manufacturer’s serial No. 

(MSN) 

Elevator hinge 

fitting 

(part number) 

Compliance time for repetitive eddy current inspections 

C–295M/CH01 ....................... MSN031 through MSN999 inclusive.95–31193–0503 

95–31193–0504 

Before exceeding 1,000 flight cycles since the most recent 

inspection; or before exceeding 1,200 flight hours since 

the most recent inspection; whichever occurs first. 

C–295M/CH02, OM03 ........... MSN031 through MSN999 inclusive.95–31193–0503 

95–31193–0504 

Before exceeding 1,000 flight cycles since the most recent 

inspection; or before exceeding 1,500 flight hours since 

the most recent inspection; whichever occurs first. 

C–295MW .............................. MSN031 through MSN999 inclusive.95–31193–0503 

95–31193–0504 

Before exceeding 1,000 flight cycles since the most recent 

inspection; or before exceeding 1,400 flight hours since 

the most recent inspection; whichever occurs first. 

(k) Corrective Action for Discrepancies 

Found During Eddy Current Inspection 

If, during any inspection required by 

paragraph (i)(1), (i)(2), (j)(1), or (j)(2) of this 

AD, any crack is detected, as defined in 

Airbus Defense and Space S.A. AOT AOT– 

CN235–55–0003, dated December 22, 2015; 

or AOT AOT–C295–55–0003, dated 

December 22, 2015; as applicable: Before 

further flight, accomplish applicable 

corrective actions in accordance with the 

instructions of Airbus Defense and Space 

S.A. AOT AOT–CN235–55–0003, dated 

December 22, 2015; or AOT AOT–C295–55– 

0003, dated December 22, 2015; as 

applicable. Where Airbus Defense and Space 

S.A. AOT AOT–CN235–55–0003, dated 

December 22, 2015; or AOT AOT–C295–55– 

0003, dated December 22, 2015; specifies to 

contact Airbus Defense and Space S.A. for 

corrective actions, before further flight, 

accomplish corrective actions in accordance 

with the procedures specified in paragraph 

(n)(2) of this AD. 

(l) Provision Regarding Terminating Action 

Accomplishing corrective actions, as 

required by paragraph (k) of this AD, does 

not constitute terminating action for the 

repetitive inspections required by paragraphs 

(i)(2) and (j)(2) of this AD, unless explicitly 

stated in the approved method of compliance 

for the corrective action. 

(m) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Airbus 

Defense and Space S.A. AOT AOT–CN235– 

55–0001, Revision 1, dated March 6, 2015; or 

AOT AOT–C295–55–0001, Revision 1, dated 

May 29, 2014. 

(n) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or the 

European Aviation Safety Agency (EASA); or 

Airbus Defense and Space S.A.’s EASA DOA. 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(o) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA AD 

2016–0075, dated April 19, 2016, for related 

information. This MCAI may be found in the 

AD docket on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2016–9521. 

(2) For more information about this AD, 

contact Shahram Daneshmandi, Aerospace 

Engineer, International Section, Transport 

Standards Branch, FAA, 1601 Lind Avenue 

SW., Renton, WA 98057–3356; telephone: 

425–227–1112; fax: 425–227–1149. 

(3) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (p)(3) and (p)(4) of this AD. 

(p) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Airbus Defense and Space S.A. Alert 

Operators Transmission (AOT) AOT–CN235– 

55–0001, Revision 2, dated March 10, 2015. 

(ii) Airbus Defense and Space S.A. AOT 

AOT–CN235–55–0003, dated December 22, 

2015. 

(iii) Airbus Defense and Space S.A. AOT 

AOT–C295–55–0001, Revision 2, dated April 

9, 2015. 

(iv) Airbus Defense and Space S.A. AOT 

AOT–C295–55–0003, dated December 22, 

2015. 

(3) For service information identified in 

this AD, contact Airbus Defense and Space, 

Services/Engineering Support, Avenida de 

Arago ́n 404, 28022 Madrid, Spain; fax +34 91 

585 31 27; email MTA.TechnicalService@

airbus.com. 

(4) You may view this service information 

at the FAA, Transport Standards Branch, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on August 

22, 2017. 

Dionne Palermo, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2017–18396 Filed 9–1–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice 9580] 

RIN 1400–AD30 

Visas: Documentation of 

Nonimmigrants Under the Immigration 

and Nationality Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This final rule clarifies 

procedures for waiver of documentary 

requirements due to an unforeseen 

emergency for nonimmigrants seeking 

admission to the United States. 

DATES: This rule is effective on October 

5, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Megan B. Herndon, Legislation and 

Regulations Division, Legal Affairs, 

Office of Visa Services, Bureau of 

Consular Affairs, Department of State, 

600 19th St. NW., Washington, DC 

20006 (202) 485–7440. 

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41884 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

Background 

This rulemaking finalizes procedures 

in 22 CFR 41.2, regarding waiver of 

documentary requirements, due to an 

unforeseen emergency, for 

nonimmigrants seeking admission to the 

United States. The notice of proposed 

rulemaking (NPRM) was published on 

March 8, 2016, with a 60-day public 

comment period. 81 FR 12050. 

Responses to the comments are 

summarized below. 

This rulemaking substantially 

reinstates a 1999 Department of State 

regulatory amendment that was 

invalidated by court order in United 

Airlines, Inc. v. Brien, 588 F.3d 158 (2d 

Cir. 2009). Additional background is 

contained in the Department of State 

NPRM. 81 FR at 12050. Further 

background is in the parallel NPRM 

from the Department of Homeland 

Security (DHS). 81 FR 12032. The 

Department is acting jointly with DHS 

in issuing these final rules. 

Public Comments 

The Department of State received six 

public comments on this rule. One was 

supportive. Three were criticisms of 

U.S. immigration policy, and thus 

outside the scope of this rulemaking. 

One commenter requested that the 

Department provide a ‘‘detailed 

comparison of the rule that was rejected 

by the Court of Appeals.’’ The 1994 rule 

that was reinstated by the Court of 

Appeals provided that a visa and 

passport are not required if, prior to the 

alien’s embarkation abroad or upon 

arrival at a port of entry, the INS 

concludes that the alien is unable to 

present the required documents because 

of an unforeseen emergency. The 1999 

rule removed that text and provided 

that, except in cases cited in other 

subsections of § 41.2, all nonimmigrants 

are required to present a valid, 

unexpired visa and passport upon 

arrival in the United States. The 1999 

rule allowed aliens to apply for a waiver 

of these requirements (i.e., the 

requirements were waived, but not 

removed) if, prior to embarkation or 

upon arrival at a port of entry, the INS 

determined they were unable to present 

the required documents because of an 

unforeseen emergency. The former 

(1994) rule did not adequately 

implement section 273 of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1323, which authorized the 

legacy INS to fine carriers that 

transported nonimmigrants without the 

appropriate documentation. The 1999 

rule corrected this, and provided 

support for DHS to impose fines. This 

rule substantially reinstates the 1999 

rule, which was invalidaded by the 

Court of Appeals only on procedural 

grounds relating to the way the 1994 

rule was amended. 

The commenter also requested an 

explanation of the term, ‘‘officer in 

charge of the port of entry.’’ The term 

‘‘officer in charge of the port of entry’’ 

refers to a U.S. Customs and Border 

Protection (CBP) district director. 

Individuals seeking admission into the 

United States are inspected at ports of 

entry by CBP officers who determine 

their admissibility. The CBP officer is 

responsible for reviewing travel 

documents, visas, and other credentials. 

The rule has been amended to refer to 

the CBP district director instead of the 

officer in charge or the DHS district 

director. 

Another commenter stated that it was 

unclear why this rule punishes carriers 

for transporting individuals without 

proper documentation, some of whom 

will be admitted legally into the United 

States. This rule is an implementation of 

section 273 of the INA, 8 U.S.C. 1323, 

which provides for penalties against 

carriers that transport an individual 

without proper documentation. Under 

the statute, a penalty may be remitted or 

refunded if the Secretary of Homeland 

Security is satisfied that, prior to the 

departure of the vessel or aircraft from 

the last port outside the United States, 

the carrier did not know, and could not 

have ascertained by the exercise of 

reasonable diligence, that the individual 

transported was an alien and that a 

valid passport or visa was required. See 

8 U.S.C. 1323(c). Accordingly, the 

eventual admission of the individual to 

the United States does not preclude the 

imposition of the fine. 

Summary 

After consideration of the public 

comments, the Department of State is 

clarifying the title of the responsible 

CBP official but otherwise adopts the 

proposed rule as final. DHS is finalizing 

its parallel rule in today’s Federal 

Register. 

Regulatory Findings 

A. Administrative Procedure Act (APA) 

The Department of State published 

this rule as an NPRM on March 8, 2016, 

and provided 60 days for public 

comment. 81 FR 12050. The rule will be 

effective 30 days after publication, in 

accordance with the APA. 

B. Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

The Department of State has reviewed 

this rulemaking and certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

C. The Unfunded Mandates Reform Act 

of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 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. 

D. 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. 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. 

E. Executive Orders 12866 and 13771 

The Department of State does not 

assess or collect fines under INA section 

273. Neither this rule, nor prior versions 

of this regulation, address fines against 

carriers. However, the November 20, 

2009, opinion from the United States 

Circuit Court of Appeals for the Second 

Circuit requires joint rulemaking by the 

Department of State and DHS for the 

DHS rule to take effect. United Airlines, 

Inc. v. Brien, 588 F.3d 158, 179 (2d Cir. 

2009). For a full economic analysis, see 

the parallel DHS final rule for 8 CFR 

212.1(g), RIN 1651–AA97, published in 

this issue of the Federal Register. The 

Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs.’’ See OMB 

Memorandum M–17–21, ‘‘Guidance 

Implementing Executive Order 13771’’ 

of April 5, 2017. 

F. Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563 and affirms that 

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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41885 

this regulation is consistent with the 

guidance therein. 

G. 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 

12372 and 13132. 

H. Executive Order 13175— 

Consultation and Coordination With 

Indian Tribal Governments 

The Department of State 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 

section 5 of Executive Order 13175 do 

not apply to this rulemaking. 

I. Paperwork Reduction Act 

This rule does not impose or revise 

information collections subject to 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, 

Passports and visas, Students. 

Accordingly, for the reasons set forth 

in the preamble, 22 CFR part 41 is 

amended as follows: 

PART 41—VISAS—DOCUMENTATION 

OF NONIMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 41 is 

revised to read as follows: 

Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; 

8 U.S.C. 1323; Pub. L. 105–277, 112 Stat. 

2681–795 through 2681–801; 8 U.S.C. 1185 

note (section 7209 of Pub. L. 108–458, as 

amended by section 546 of Pub. L. 109–295). 

■ 2. Section 41.2 is amended by revising 

paragraph (i) to read as follows: 

§ 41.2 Exemption or waiver by Secretary of 

State and Secretary of Homeland Security 

of passport and/or visa requirements for 

certain categories of nonimmigrants. 

* * * * * 

(i) Individual cases of unforeseen 

emergencies. Except as provided in 

paragraphs (a) through (h) and (j) 

through (l) of this section, all 

nonimmigrants are required to present a 

valid, unexpired visa and passport upon 

arrival in the United States. A 

nonimmigrant may apply for a waiver of 

the visa and passport requirement if, 

either prior to the nonimmigrant’s 

embarkation abroad or upon arrival at a 

port of entry, the Department of 

Homeland Security (DHS), U.S. Customs 

and Border Protection (CBP) district 

director concludes that the 

nonimmigrant is unable to present the 

required documents because of an 

unforeseen emergency. The CBP district 

director may grant a waiver of the visa 

or passport requirement pursuant to 

INA 212(d)(4)(A), without the prior 

concurrence of the Department of State, 

if the CBP district director concludes 

that the nonimmigrant’s claim of 

emergency circumstances is legitimate 

and that approval of the waiver would 

be appropriate under all of the attendant 

facts and circumstances. 

* * * * * 

Carl C. Risch, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2017–18750 Filed 9–1–17; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9814] 

RIN 1545–BM95 

Transfers of Certain Property by U.S. 

Persons to Partnerships With Related 

Foreign Partners; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final and temporary 

regulations; correcting amendment. 

SUMMARY: This document contains 

corrections to the temporary regulations 

(T.D. 9814) that were published in the 

Federal Register on Thursday, January 

19, 2017 (82 FR 7582). The regulations 

address transfers of appreciated 

property by United States persons to 

partnerships with foreign partners 

related to the transferor. The regulations 

override the rules providing for 

nonrecognition of gain on a contribution 

of property to a partnership in exchange 

for an interest in the partnership under 

section 721(a) of the Internal Revenue 

Code (Code) pursuant to section 721(c) 

unless the partnership adopts the 

remedial method and certain other 

requirements are satisfied. 

DATES: These corrections are effective 

on September 5, 2017 and applicable on 

January 18, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Ronald M. Gootzeit, (202) 317–6937 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The temporary regulations that are the 

subject of this correction are under 

section 721(c) of the Code. 

Need for Correction 

As published, the temporary 

regulations contain errors that may 

prove to be misleading and need to be 

clarified. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.721(c)–1T is 

amended by revising paragraph 

(b)(10)(vi) to read as follows: 

§ 1.721(c)–1T Overview, definitions, and 

rules of general application (temporary). 

* * * * * 

(b) * * * 

(10) * * * 

(vi) An allocation of partnership level 

ordinary income or loss described in 

§ 1.751–1(b)(3). 

* * * * * 

■ Par. 3. Section 1.721(c)–6T is 

amended by revising the last sentence of 

paragraph (d)(2) to read as follows: 

§ 1.721(c)–6T Procedural and reporting 

requirements (temporary). 

* * * * * 

(d) * * * 

(2) * * * The partnership must also 

attach to its Form 1065 a Schedule K– 

1 (Form 1065) for each direct or indirect 

partner that is a related foreign person 

with respect to the U.S. transferor. 

* * * * * 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, Procedure and Administration. 

[FR Doc. 2017–18691 Filed 9–1–17; 8:45 am] 

BILLING CODE 4830–01–P 

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