[Federal Register: February 11, 2008 (Volume 73,
Number 28)]
[Rules and Regulations]
[Page 7670]
From the
Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr11fe08-8]
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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.
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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 Sec. 42.33 paragraph (b)(2) (iii) to read as follows:
Sec. 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
