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Federal Register/Vol. 84, No. 77/Monday, April 22, 2019/Rules and Regulations

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Federal Register/Vol. 84, No. 77/Monday, April 22, 2019/Rules and Regulations 16610 Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Rules and Regulations 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 VerDate Sep<11>2014 16:15 Apr 19, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1 amozie on DSK9F9SC42PROD with RULES Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Rules and Regulations 16611 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.
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