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La Crosse, WI, La Crosse Rgnl, VOR RWY 36, FOR FURTHER INFORMATION CONTACT: prove ineffective at encouraging the Amdt 32A, CANCELLED Taylor Beaumont, Acting Chief, foreign government’s cooperation on Menomonie, WI, Menomonie Muni-Score Legislation and Regulations Division, removals. For example, the Secretary Field, RNAV (GPS) RWY 9, Amdt 1 Office of Visa Services, Bureau of Menomonie, WI, Menomonie Muni-Score could order consular officers to Field, RNAV (GPS) RWY 27, Amdt 1 Consular Affairs, Department of State, discontinue granting B–1 and B–2 visas Menomonie, WI, Menomonie Muni-Score 600 19th St. NW, Washington, DC for personal travel by ministers of a Field, Takeoff Minimums and Obstacle DP, 20006, (202) 485–8910, VisaRegs@ foreign government, with an escalation Amdt 2 state.gov. measure that requires discontinuation of West Bend, WI, West Bend Muni, LOC RWY SUPPLEMENTARY INFORMATION: F-category student visas for members of 31, Orig-D, CANCELLED the same foreign officials’ families after Berkeley Springs, WV, Potomac Airpark, Why is the Department promulgating 6 months, if the country remains RNAV (GPS) RWY 11, Amdt 1A this rule? Berkeley Springs, WV, Potomac Airpark, uncooperative on removals. The Department of State is RNAV (GPS) RWY 29, Amdt 1A Current regulations describing a Berkeley Springs, WV, Potomac Airpark, promulgating this rule to provide Takeoff Minimums and Obstacle DP, Amdt guidance to consular officers consular officer’s authority to refuse 2 implementing section 243(d) of the visas state that the officer must issue or Parkersburg, WV, Mid-Ohio Valley Rgnl, ILS Immigration and Nationality Act, as refuse a visa when a ‘‘properly OR LOC RWY 3, Amdt 14C amended, codified at 8 U.S.C. 1253(d) completed and executed’’ visa Parkersburg, WV, Mid-Ohio Valley Rgnl, (hereinafter INA 243(d)), which is a tool application is submitted (see 22 CFR RNAV (GPS) RWY 3, Amdt 2C 41.121(a) and 22 CFR 42.81(a) (relating Parkersburg, WV, Mid-Ohio Valley Rgnl, for the U.S. government to use to stop RNAV (GPS) RWY 10, Orig-C the growth of an alien population in the to nonimmigrant and immigrant visas, Parkersburg, WV, Mid-Ohio Valley Rgnl, United States that the U.S. government respectively)), but make no reference to RNAV (GPS) RWY 21, Amdt 2D is having difficulty removing, due to a a consular officer ‘‘discontinuing Parkersburg, WV, Mid-Ohio Valley Rgnl, lack of cooperation by the country of granting’’ a visa when the Secretary of RNAV (GPS) RWY 28, Orig-C nationality. At the same time State issues an INA 243(d) order. INA Parkersburg, WV, Mid-Ohio Valley Rgnl, compelling foreign governments to 243(d) sanctions are referenced only in VOR RWY 21, Amdt 17D Casper, WY, Casper/Natrona County Intl, cooperate on removing from the United 22 CFR 42.71(a), prohibiting a consular LOC RWY 8, Orig, CANCELLED States aliens subject to final orders of officer from issuing an immigrant visa Powell, WY, Powell Muni, NDB RWY 31, removal is an important U.S. when barred by sanctions under INA Amdt 2C government objective. This rule makes 243(d), unless the sanction has been Powell, WY, Powell Muni, RNAV (GPS) RWY clear that discontinuation of visa waived by DHS. This rule will better 13, Orig-C granting is an acceptable alternative to inform the public of the third option Powell, WY, Powell Muni, RNAV (GPS) RWY issuing or refusing a properly executed 31, Orig-C established by statute, by inserting visa application, and sets out language in 22 CFR 41.121(a) and 22 [FR Doc. 2019–07830 Filed 4–19–19; 8:45 am] procedures for discontinuation of visa CFR 42.81(a) indicating that the BILLING CODE 4910–13–P issuance when INA 243(d) applies. consular officer may discontinue Section 243(d) of the INA provides granting (i.e., suspend issuance of) a that the Secretary of State—following visa, as an alternative to issuance or DEPARTMENT OF STATE notification from the Secretary of Homeland Security that the government refusal, in the manner described in the 22 CFR Parts 41 and 42 of a foreign country has denied or two new sections. [Public Notice 10481] unreasonably delayed accepting an alien Two new sections, 22 CFR 41.123 and who is the citizen, subject, national, or 22 CFR 42.84, (relating to nonimmigrant RIN 1400–AE64 resident of that country and is subject to and immigrant visas, respectively), a final order of removal from the United describe procedures for consular officers Refusal Procedures for Visas States—shall order consular officers in who discontinue granting visas to AGENCY: Department of State. that foreign country to ‘‘discontinue applicants who fall within the scope of ACTION: Final rule. granting’’ immigrant visas, an INA 243(d) order. These sections nonimmigrant visas, or both to citizens, explain, among other things, that SUMMARY: This rule is largely technical subjects, nationals, or residents in that beginning on the effective date of the in nature and conforms a narrow aspect country. This provision initially existed Secretary’s INA 243(d) order, no visas of the Department’s visa regulations to in Section 243(g) of the INA, but was that fall within the scope of the order the law. The current regulation requires limited to immigrant visas. In 1996, may be issued, but, in cases where an consular officers either to grant or deny Congress re-designated the provision as alien has applied for a visa that falls every visa application; however, the law Section 243(d) and added within that scope of the order and the requires consular officers to take a discontinuation of the granting of alien is found to be ineligible for such different action, i.e., discontinue nonimmigrant visas by U.S. consular visa, the application may be refused. granting visas, when a country has been officers in the country as a potential sanctioned for denying or delaying additional sanction against a country The new sections also explain that accepting one or more of its nationals that denies or unreasonably delays discontinuance of granting may not be subject to a final order of removal from accepting a covered individual. The waived, but once the sanction under the United States. This rule will modify Secretary of State imposes such visa INA 243(d) is lifted, consular officers the current regulation to reflect this sanctions by issuing an order to within the affected post must complete option for consular officers to consular officers that describes the adjudication of the visa application, discontinue granting visas to category or categories of visas and consistent with regulations and individuals in sanctioned countries. applicants subject to discontinuation of Department guidance, such as the DATES: This rule is effective on April 22, visa granting; the order can include Foreign Affairs Manual (FAM). 2019. escalation measures if initial sanctions

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Regulatory Findings economic impact on a substantial describing the scope of visa sanctions to number of small entities. Any economic be imposed. Administrative Procedure Act impact the rule may seem to have Historically, the Secretary of State has The Department is publishing this actually is attributable to the underlying strategically tailored visa sanctions to rule as a final rule because it is exempt law, INA 243(d), which this rule achieve critical foreign policy from notice and comment under the directly implements. objectives, taking into account the foreign affairs exemption of the Unfunded Mandates Reform Act of 1995 circumstances of the country or Administrative Procedure Act (APA), 5 population being targeted by the U.S.C. 553(a). In light of the impact Section 202 of the Unfunded sanctions. There is no set formula, sanctions have on bilateral relations, it Mandates Reform Act of 1995, 2 U.S.C. though, notably State has never issued is clear this rule ‘‘implicates matters of 1532, generally requires agencies to a blanket refusal for visas from the diplomacy directly.’’ City of N.Y. v. prepare a statement before proposing country in question. For some countries, Permanent Mission of India to the U.N., any rule that may result in an annual sanctions begin by targeting officials 618 F.3d 172, 202 (2d Cir. 2010). expenditure of $100 million or more by who work in the ministries responsible In addition to providing a tool for the State, local, or tribal governments, or by for accepting the return of that country’s U.S. government to stem the growth of the private sector. This rule will not nationals, with escalation scenarios that populations of an alien population in result in any such expenditure, nor will target family members of those officials the United States that the U.S. it significantly or uniquely affect small and, potentially, officials of other government is having difficulty governments. ministries, and then other categories of removing, due to a lack of cooperation applicants, if initial sanctions do not by the country of nationality, INA Small Business Regulatory Enforcement prove effective at encouraging greater 243(d) creates a tool for use in U.S. Fairness Act of 1996 cooperation on removals by the targeted diplomatic efforts: A means of This rule is not a major rule as government. For other countries, prompting foreign governments to defined by 5 U.S.C. 804. The sanctions could begin more broadly. As acquiesce in a request by the United Department is aware of no monetary States to take back the foreign effect on the economy that would provided for in INA 243(d), any country government’s nationals by directly result from this rulemaking, nor that fails to cooperate in the repatriation discontinuing grants of visas to that will there be any increase in costs or of its nationals subject to final orders of government’s nationals. Indeed, Section prices; or any effect on competition, removal from the United States may be 243(d) is a key component of U.S. employment, investment, productivity, subject to sanctions, the scope of which diplomatic efforts. The provision comes innovation, or the ability of United will depend on the circumstances at the into play only after notification to the States-based companies to compete with time the sanctions are implemented. Secretary of State that the Secretary of foreign-based companies in domestic Since the law was modified to cover Homeland Security has exhausted all and import markets. nonimmigrant visas in 1996, 318 visa appropriate efforts for a foreign applicants have been affected, and Executive Order 12866/Executive Order government to accept its nationals who sanctions have been imposed on 10 have been ordered removed from the 13563 countries: Guyana (2001), The Gambia United States and the foreign The Department of State has reviewed (2016), Cambodia, Eritrea, Guinea, and government has refused to make any this rule to ensure its consistency with Sierra Leone (2017); Burma and Laos significant progress on the issue. It the regulatory philosophy and (2018); and Ghana and Pakistan (2019). functions by lending weight to the principles set forth in Executive Order During this same time period, tens of efforts of the Secretary of Homeland 12866. This rule governs the technical millions of aliens have received Security and incentivizing a recalcitrant aspects of visa procedures required for nonimmigrant visas including, government to retract its refusal. And it implementation of INA 243(d), ensuring collectively, millions of applicants from ceases to operate when the Secretary of that guidance regarding that statue is the 10 countries affected. Given the State is notified that the government at clear and consistent across visa scope of historic INA 243(d) sanctions, issue has acceded to the Secretary of categories and posts. and the scale of nonimmigrant visa Homeland Security’s request. Thus, The exercise of authority under INA travel to the United States as a whole, every exercise of Section 243(d) directly 243(d), consistent with this regulation, the economic impact of INA 243(d) visa implicates actual diplomacy; a would restrict the ability of some visa sanctions to date has been de minimis, regulation creating the procedure for applicants, including potentially large but far broader sanctions could be using this tool likewise has similar numbers of visa applicants from a given imposed to achieve the objectives of consequences. Therefore, this regulation country who apply for visas in that INA 243(d). Because future application is exempt from 5 U.S.C. 553 of the APA country, from obtaining U.S. visas—, of these sanctions is based on because it involves a foreign affairs which could in turn have economic unpredictable actions by foreign function of the United States. impact on individual transactions governments; complex assessments by within the United States associated with DHS that cannot be pre-determined; and Regulatory Flexibility Act/Executive the applicant’s proposed purpose of strategic foreign policy-related decisions Order 13272: Small Business travel. Consular officers may not by the Secretary of State, taking into Because this final rule is exempt from discontinue granting visas under this account the circumstances of the notice and comment rulemaking under regulation for any purpose beyond that bilateral relationship at the particular 5 U.S.C. 553, it is exempt from the explicitly authorized already by INA time, the Department is unable to regulatory flexibility analysis 243(d), which authorizes the Secretary estimate any particular future economic requirements set forth by the Regulatory of Homeland Security to notify the impact of INA 243(d) sanctions. Flexibility Act (5 U.S.C. 603 and 604). Secretary of State that a country has The Office of Management and Budget Nonetheless, consistent with the denied or unreasonably delayed (OMB) has determined that this is a Regulatory Flexibility Act (5 U.S.C. accepting an alien subject to a final significant regulatory action under 605(b)), the Department certifies that order of removal, and thereafter requires Executive Order 12866. As such, OMB this rule will not have a significant the Secretary of State to issues an order has reviewed this regulation.

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Executive Orders 12372 and 13132: L. 108–458, as amended by section 546 of (2) Geographic applicability. Visa Federalism Pub. L. 109–295). sanctions under INA 243(d) only apply This regulation will not have ■ 2. In § 41.121, the section heading and to visa issuance in the country that is substantial direct effects on the States, paragraph (a) are revised to read as sanctioned. If a consular officer has a on the relationship between the national follows: reason to believe that a visa applicant government and the States, or the potentially subject to INA 243(d) § 41.121 Refusal of nonimmigrant visas. sanctions is applying at a post outside distribution of power and (a) Grounds for refusal. Nonimmigrant responsibilities among the various the sanctioned country to evade visa visa refusals must be based on legal sanctions under INA 243(d) (e.g., the levels of government. The rule will not grounds, such as one or more provisions have federalism implications warranting applicant provides no credible of INA 212(a), INA 212(e), INA 214(b) or explanation for applying outside the the application of Executive Orders (f) or (l) (as added by Section 625 of 12372 and 13132. country), the consular officer will Pub. L. 104–208), INA 221(g), INA transfer the case to the consular post in Executive Order 12988: Civil Justice 222(g), or other applicable law. Certain the consular district where INA 243(d) Reform classes of nonimmigrant aliens are sanctions apply, review any other exempted from specific provisions of applicable Department instructions, and The Department has reviewed the INA 212(a) under INA 102 and, upon a regulation in light of sections 3(a) and proceed accordingly. When cases are basis of reciprocity, under INA transferred to a consular district where 3(b)(2) of Executive Order 12988 to 212(d)(8). When a visa application has eliminate ambiguity, minimize INA 243(d) sanctions apply, the been properly completed and executed adjudication will be subject to the litigation, establish clear legal in accordance with the provisions of the standards, and reduce burden. discontinuation of issuance under the INA and the implementing regulations, sanctions. Executive Order 13563: Improving the consular officer must issue the visa, (c) Termination of sanction. The Regulation and Regulatory Review refuse the visa, or, pursuant to an Department shall notify consular outstanding order under INA 243(d), officers in an affected country when the The Department has considered this discontinue granting the visa. rule in light of Executive Order 13563, sanction under INA 243(d) has been * * * * * dated January 18, 2011, and affirms that lifted. After notification, normal ■ this regulation is consistent with the 3. Add § 41.123 to read as follows: consular operations may resume consistent with these regulations and guidance therein. § 41.123. Discontinuance of Granting Nonimmigrant Visa Pursuant to INA 243(d). guidance from the Department. Once the Executive Order 13771—Reducing sanction under INA 243(d) is lifted, no Regulation and Controlling Regulatory (a) Grounds for discontinuance of new application processing fee is Costs granting a visa. Consular officers in a required in cases where issuance has country subject to an order by the been discontinued pursuant to an INA This rule is not subject to the Secretary under INA 243(d) shall 243(d) order, and consular officers in requirements of Executive Order 13771, discontinue granting nonimmigrant the affected post must adjudicate the because its likely impact is de minimis. visas for categories of nonimmigrant visa consistent with regulations and visas specified in the order of the Paperwork Reduction Act Department guidance. Consular officers Secretary (or his or her designee), and may require applicants to update the This rule does not impose new or pursuant to procedures dictated by the visa application forms, must conduct revised information collection Department. requirements under the provisions of (b) Discontinuance procedure—(1) any necessary adjudicatory steps, and the Paperwork Reduction Act, 44 U.S.C. Applications refused or discontinued may re-interview the applicant to Chapter 35. only. Starting on the day the Secretary’s determine eligibility. List of Subjects (or designee’s) order to discontinue PART 42—VISAS: DOCUMENTATION granting visas takes effect (effective 22 CFR Part 41 OF IMMIGRANTS UNDER THE date), no visas falling within the scope IMMIGRATION AND NATIONALITY Aliens, Foreign officials, Immigration, of the order, as described by the order, ACT, AS AMENDED Documentation of nonimmigrants, may be issued in the referenced country Passports and visas. to an applicant who falls within the ■ 4. The authority citation for part 42 scope of the order, except as otherwise continues to read as follows: 22 CFR Part 42 expressly provided in the order or related Department instructions. Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104, Immigration, Passports and visas. 1201, 1202, 1253; 6 U.S.C. 236; Public Law For the reasons stated in the Beginning on the effective date, a 105–277, 112 Stat. 2681–795 through 2681– preamble, the Department of State consular officer must refuse the visa if 801; 8 U.S.C. 1185 note (section 7209 of Pub. amends 22 CFR parts 41 and 42 as the individual is not eligible for the visa L. 108–458, as amended by section 546 of follows: under INA 212(a), INA 221(g), or other Pub. L. 109–295). applicable law, but if the applicant is ■ 5. In § 42.81, the section heading and PART 41—VISAS: DOCUMENTATION otherwise eligible, must process the paragraph (a) are revised to read as OF NONIMMIGRANTS UNDER THE application by discontinuing granting, follows: IMMIGRATION AND NATIONALITY regardless of when the application was ACT, AS AMENDED filed, if the applicant falls within the § 42.81 Procedure in refusing immigrant scope of the order and no exception visas. ■ 1. The authority citation for part 41 is applies. The application processing fee (a) Grounds for refusal. When a visa revised to read as follows: will not be refunded. The requirement application has been properly Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104, to discontinue issuance may not be completed and executed before a 1201, 1202, 1253; 6 U.S.C. 236; Public Law waived, and continues until the consular officer in accordance with the 105–277, 112 Stat. 2681–795 through 2681– sanction is terminated as described provisions of the INA and the 801; 8 U.S.C. 1185 note (section 7209 of Pub. below. implementing regulations, the consular

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officer must issue the visa, refuse the sanctions apply, review any other authorized by the Captain of the Port visa under INA 212(a) or 221(g) or other applicable Department instructions and Marine Safety Unit Port Arthur or a applicable law or, pursuant to an proceed accordingly. When cases are designated representative. outstanding order under INA 243(d), transferred to a consular district where DATES: This rule is effective from 10 discontinue granting the visa. INA 243(d) sanctions apply, the a.m. on April 27, 2019 through 6 p.m. * * * * * adjudication will be subject to the on April 28, 2019. discontinuation of issuance under the ■ 6. Add § 42.84 to read as follows: ADDRESSES: To view documents sanctions. § 42.84 Discontinuance of Granting (b) Termination of sanction. The mentioned in this preamble as being Immigrant Visa Pursuant to INA 243(d). Department shall notify consular available in the docket, go to https:// (a) Grounds for discontinuance of officers in an affected country the www.regulations.gov, type USCG–2019– granting a visa. Consular officers in a sanction under INA 243(d) has been 0160 in the ‘‘SEARCH’’ box and click country subject to an order by the lifted. After notification, normal ‘‘SEARCH.’’ Click on Open Docket Secretary under INA 243(d) shall consular operations may resume Folder on the line associated with this discontinue granting immigrant visas for consistent with these regulations and rule. categories of immigrant visas specified guidance from the Department. Once the FOR FURTHER INFORMATION CONTACT: If in the order of the Secretary (or his or sanction under INA 243(d) is lifted, no you have questions on this rule, call or her designee), and pursuant to new application processing fees are email Mr. Scott Whalen, Marine Safety procedures dictated by the Department. required in cases where issuance has Unit Port Arthur, U.S. Coast Guard; (b) Discontinuance procedure—(1) been discontinued pursuant to an INA telephone 409–719–5086, email Applications refused or discontinued 243(d) order, and consular officers in [email protected]. only. Starting on the day the Secretary’s the affected post must adjudicate the SUPPLEMENTARY INFORMATION: (or designee’s) order to discontinue visa application consistent with granting visas takes effect (effective regulations and Department guidance. I. Table of Abbreviations date), no visas falling within the scope Consular officers may require applicants CFR Code of Federal Regulations of the order, as described by the order, to update the visa application forms, COTP Captain of the Port Marine Safety may be issued in the referenced country must conduct any necessary Unit Port Arthur to an applicant who falls within the adjudicatory steps, and may re- DHS Department of Homeland Security scope of the order, except as otherwise interview to determine eligibility. In FR Federal Register NPRM Notice of proposed rulemaking expressly provided in the order or numerically controlled immigrant visa related Department instructions. § Section categories, an applicant’s immigrant U.S.C. United States Code Beginning on the effective date, a visa priority date may no longer be consular officer must refuse the visa if current once sanctions under INA II. Background Information and the individual is not eligible for the visa 243(d) are lifted, in which case the Regulatory History under INA 212(a), INA 221(g), or other applicant must await visa availability. applicable law, but if the applicant is The Coast Guard is issuing this otherwise eligible must process the Dated: April 11, 2019 temporary rule without prior notice and application by discontinuing granting, Carl C. Risch, opportunity to comment pursuant to regardless of when the application was Assistant Secretary for Consular Affairs, authority under section 4(a) of the filed, if the applicant falls within the Department of State. Administrative Procedure Act (APA) (5 scope of the order and no exception [FR Doc. 2019–08061 Filed 4–19–19; 8:45 am] U.S.C. 553(b)). This provision applies. The application processing fee BILLING CODE 4710–06–P authorizes an agency to issue a rule will not be refunded. The requirement without prior notice and opportunity to to discontinue issuance may not be comment when the agency for good waived, and continues until the DEPARTMENT OF HOMELAND cause finds that those procedures are sanction is terminated as described SECURITY ‘‘impracticable, unnecessary, or contrary below. In the case of diversity to the public interest.’’ Under 5 U.S.C. immigrant selectees applying under INA Coast Guard 553(b)(B), the Coast Guard finds that 203(c), if the discontinuance of granting good cause exists for not publishing an has not been lifted by the end of the 33 CFR Part 165 NPRM with respect to this rule because it is impracticable. This safety zone fiscal year, the applicant will not be [Docket Number USCG–2019–0160] eligible for a diversity visa for that fiscal must be established by April 27, 2019 year, regardless of the status of the RIN 1625–AA00 and we lack sufficient time to provide diversity immigrant visa application at a reasonable comment period and then Safety Zone; Sabine River, Orange, TX the time 243(d) sanctions were imposed. consider those comments before issuing (2) Geographic applicability. Visa AGENCY: Coast Guard, DHS. this rule. The NPRM process would delay the establishment of the safety sanctions under INA 243(d) only apply ACTION: Temporary final rule. to visa issuance in the country that is zone until after the dates of the high- sanctioned. If a consular officer has a SUMMARY: The Coast Guard is speed races and compromise public reason to believe that a visa applicant establishing a temporary safety zone for safety. potentially subject to INA 243(d) certain navigable waters of the Sabine Under 5 U.S.C. 553(d)(3), the Coast sanctions is applying at a post outside River, extending the entire width of the Guard finds that good cause exists for the sanctioned country to evade visa river, adjacent to the public boat ramp making this rule effective less than 30 sanctions under INA 243(d), (e.g., the located in Orange, TX. This action is days after publication in the Federal applicant provides no credible necessary to protect persons and vessels Register. Delaying the effective date of explanation for applying outside the from hazards associated with a high- this rule would be impracticable and country) the consular officer will speed Jet Ski race competition in contrary to public interest because transfer the case to the consular post in Orange, TX. Entry of vessels or persons immediate action is needed to protect the consular district where INA 243(d) into this zone is prohibited unless persons and vessels from the potential

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