Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10363

Issued in Fort Worth, Texas, on February

2, 2001.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 01–3561 Filed 2–14–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF STATE

22 CFR Parts 41 and 42

[Public Notice 3570]

Documentation of Immigrants and

Nonimmigrants Under the Immigration

and Nationality Act, as Amended—

Refusal of Individual Visas

AGENCY: Department of State.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule adds two additional

grounds of ineligibility for a visa for

certain nonimmigrants to the listing of

those serving as bases for the refusal of

nonimmigrant visas by consular officers.

It adds one of those to the regulation

relating to crewmen. Moreover, the rule

adds another relatively new restriction

on the place of application for aliens

who have overstayed the allowable

period in the United States. Finally, in

the interest of consistency between the

rules relating to nonimmigrants and

immigrants, it also adds the appropriate

listing of bases for refusal of immigrant

visas. There are some editorial changes

to the current nonimmigrant rule on

refusals for the purpose of clarification

and to incorporate by reference the

essence of the legislation underlying the

procedures described therein.

DATES: Effective February 15, 2001.

Written comments may be submitted

through April 16, 2001.

ADDRESSES: Written comments may be

submitted, in duplicate, to the Chief,

Legislation and Regulations Division,

Visa Services, Department of State,

Washington, D.C. 20520–0106.

FOR FURTHER INFORMATION CONTACT: H.

Edward Odom, Chief, Legislation and

Regulations Division, Visa Services,

Department of State, Washington, D.C.

20520–0106, (202) 663–1204, e-mail

odomhe@state.gov, or fax at (202) 663–

3898.

SUPPLEMENTARY INFORMATION: Public

Laws 101–649, Immigration Act of 1990,

and 104–298, the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996, added two new grounds of

ineligibility to those already in the

Immigration and Nationality Act, as

amended, (INA). Each is classificationspecific, not a generic ineligibility such

as most of those found in INA 212(a). It

also added a provision invalidating the

visa of a person who had overstayed the

authorized period of stay in the United

States and requiring such an alien to

apply in his/her home country for a new

visa except under certain authorized

circumstances (INA 222(g)).

What Classes Are Affected?

The first of the new ineligibilities

relates to crewmen. As set forth in INA

214(f), it makes an alien unclassifiable

as a crewman under INA 101(a)(15)(D)

if the alien intends to land for the

purpose of joining a vessel or aircraft

during a labor dispute where there is a

strike or lockout involving the employer

and the bargaining unit of the employer.

This provision is also reflected in an

amendment of 22 CFR 41.41, Crewmen,

which is included herein.

The other such provision, which is

found in INA 214(l)—the second (l) in

INA 214—relates to students. It denies

an alien classification as a student

under INA 101(a)(15)(F)(1) for the

purpose of study at a public elementary

or publicly-funded adult education

program, or at a public secondary school

unless the total period of stay in the

latter educational institution is less than

one year and the student has fully

reimbursed the school for the costs of

such education. Students who have

been admitted in F–1 status for

attendance at private schools and then

transfer to a public school have, under

this provision, violated their status

unless the student has reimbursed the

school as noted above. The seriousness

of this provision is reinforced in a new

INA 212(a)(6)(G), which makes an

individual who violated student status

under INA 214(l) inadmissible for five

years after the date of the violation.

Although not specifically included in

the regulation covering INA 212(a)(6)(G)

at 22 CFR 40.67, the terms of INA 214(l)

were described in the supplementary

information in the interim rule

published at 62 FR 67564, December 29,

1997.

The essence of the INA 222(g)

provision is set forth above.

So Why This Rule Now?

This rule is being promulgated for the

primary purpose of adding those INA

214(f) and (l) citations to an existing

regulation, 22 CFR 41.121, which lists

the permissible grounds for denial of a

nonimmigrant visa application. The

necessity for so doing also provides an

opportunity to include editorial

revisions in paragraph (b) for the

purpose of greater clarity and noting by

reference the statutory basis for the

refusal procedures, and to add, again by

reference, the gist of INA 214(f) to the

crewman regulations. No substantive

changes to past and/or current

procedures are intended by the

revisions in subsection 41.121(b).

The refusal regulation with respect to

immigrant visa applicants equivalent to

section 41.121, namely 22 CFR 42.81,

does not now correspondingly specify

the applicable grounds of refusal in

immigrant cases. This rule inserts such

data in the interest of consistency.

Finally, the regulation at 41.122,

Grounds of Revocation of a Visa, does

not now include INA 222(g), which is

being added by reference in this rule.

Regulatory Analysis and Notices

Administrative Procedure Act

The Department is publishing this

rule as an interim rule, with a 60-day

provision for post-promulgation public

comments, based on the ‘‘good cause’’

exceptions set forth at 5 U.S.C.

553(b)(3)(B) and 553(d)(3). The

provisions of law being referred to in

this rule became effective on January 28,

1991, in the case of a crewman

proceeding to a job which is involved in

a strike or lockout, and, in the case of

student visa abusers, on November 29,

1996. More importantly, the rule makes

no substantive changes in visa

operations.

Regulatory Flexibility Act

Pursuant to § 605 of the Regulatory

Flexibility Act, the Department has

assessed the potential impact of this

rule, and the Assistant Secretary for

Consular Affairs hereby certifies that is

not expected to have a significant

economic impact on a substantial

number of small entities.

Unfunded Mandates Reform Act of 1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million in any

year and it will not significantly or

uniquely affect small governments.

Therefore, no actions were deemed

necessary under the provisions of the

Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement 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 significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

10364 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

The Department of State does not

consider this rule to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, section 3(f), Regulatory

Planning and Review, and the Office of

Management and Budget has waived its

review process under section

(6)(a)(3)(A).

Executive Order 131332

This regulation will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with section 6 of Executive

Order 13132, it is determined that this

rule does not have sufficient federalism

implications to require consultations or

warrant the preparation of a federalism

summary impact statement.

Paperwork Reduction Act

This rule does not impose any new

reporting or record-keeping

requirements subject to the Paperwork

Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Passports and

visas.

Accordingly, the Department of State

amends 22 CFR chapter I as follows:

PART 41—[Amended]

1. The authority citation for Part 41

continues to read as follows:

Authority: 8 U.S.C. 1104.

2. Revise § 41.41(a) to read as follows:

§ 41.41 Crewmen.

(a) Alien classifiable as crewman. An

alien is classifiable as a nonimmigrant

crewman upon establishing to the

satisfaction of the consular officer the

qualifications prescribed by INA

101(a)(15)(D), provided that the alien

has permission to enter some foreign

country after a temporary landing in the

United States, unless the alien is barred

from such classification under the

provisions of INA 214(f).

* * * * *

3. Revise § 41.121(a) and (b) to read as

follows:

§ 41.121 Refusal of individual visas.

(a) Grounds for refusal. Nonimmigrant

visa refusals must be based on legal

grounds, such as one or more provisions

of INA 212(a), INA 212(e), INA 214(b),

(f) or (l) (as added by Section 625 of

Pub. L. 104–208), INA 221(g), or INA

222(g) or other applicable law. Certain

classes of nonimmigrant aliens are

exempted from specific provisions of

INA 212(a) under INA 102 and, upon a

basis of reciprocity, under INA

212(d)(8). When a visa application has

been properly completed and executed

in accordance with the provisions of

INA and the implementing regulations,

the consular officer must either issue or

refuse the visa.

(b) Refusal procedure. (1) When a

consular officer knows or has reason to

believe a visa applicant is ineligible and

refuses the issuance of a visa, he or she

must inform the alien of the ground(s)

of ineligibility (unless disclosure is

barred under INA 212(b)(2) or (3)) and

whether there is, in law or regulations,

a mechanism (such as a waiver) to

overcome the refusal. The officer shall

note the reason for the refusal on the

application. Upon refusing the

nonimmigrant visa, the consular officer

shall retain the original of each

document upon which the refusal was

based, as well as each document

indicating a possible ground of

ineligibility, and should return all other

supporting documents supplied by the

applicant.

(2) If an alien, who has not yet filed

a visa application, seeks advice from a

consular officer, who knows or has

reason to believe that the alien is

ineligible to receive a visa on grounds

which cannot be overcome by the

presentation of additional evidence, the

officer shall so inform the alien. The

consular officer shall inform the

applicant of the provision of law or

regulations upon which a refusal of a

visa, if applied for, would be based

(subject to the exception in paragraph

(b)(1) of this section). If practicable, the

consular officer should request the alien

to execute a nonimmigrant visa

application in order to make a formal

refusal. If the individual fails to execute

a visa application in these

circumstances, the consular officer shall

treat the matter as if a visa had been

refused and create a record of the

presumed ineligibilty which shall be

filed in the consular office.

* * * * *

4. Amend § 41.122(a)(1) by adding

before the semicolon ‘‘, or was issued a

visa in contravention of INA 222(g)’’.

PART 42—[AMENDED]

5. The authority citation for Part 42

continues to read as follows:

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

6. Revise § 42.81(a) to read as follows:

§ 42.81 Procedure in refusing individual

visas.

(a) Issuance or refusal mandatory.

When a visa application has been

properly completed and executed before

a consular officer in accordance with

the provisions of INA and the

implementing regulations, the consular

officer must either issue or refuse the

visa under INA 212(a) or INA 221(g) or

other applicable law. Every refusal must

be in conformance with the provisions

of 22 CFR 40.6.

* * * * *

Dated: December 19, 2001.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 01–3754 Filed 2–14–01; 8:45 am]

BILLING CODE 4710–06–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[TD 8911]

RIN 1545–AV92

Relief for Service in Combat Zone and

for Presidentially Declared Disaster;

Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to final regulations.

SUMMARY: This document contains

corrections to final regulations that were

published in the Federal Register on

December 15, 2000 (65 FR 78409). This

document relates to the postponement

of certain tax-related deadlines due

either to service in a combat zone or a

Presidentially declared disaster.

DATES: This correction is effective

December 15, 2000.

FOR FURTHER INFORMATION CONTACT:

Bridget E. Finkenaur (202) 622–4940

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections are under

section 7508 of the Internal Revenue

Code.

Need for Correction

As published, the final regulations

(TD 8911) contain errors that may prove

to be misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication of the

final regulations (TD 8911), which are