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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations 49091
Avenue, SW., Washington, DC 20591; number of small entities under the R5107K White Sands Missile Range, NM
telephone: (202) 2678783. criteria of the Regulatory Flexibility Act. [New]
SUPPLEMENTARY INFORMATION: The FAA's authority to issue rules Boundaries. Beginning at lat. 32°1930 N.,
regarding aviation safety is found in long. 106°2349 W.; to lat. 32°1930 N.,
History long. 106°2038 W.; to lat. 32°2448 N.,
Title 49 of the United States Code. long. 106°0902 W.; to lat. 32°2318 N.,
On August 28, 2007, the U.S. Army Subtitle I, Section 106 describes the
requested the FAA take action to modify long. 106°0705 W.; to lat. 32°0500 N.,
authority of the FAA Administrator. long. 106°1822 W.; to lat. 32°0500 N.,
R5107A, White Sands Missile Range, Subtitle VII, Aviation Programs, long. 106°2902 W.; to lat. 32°0620 N.,
NM, by subdividing the area to reduce describes in more detail the scope of the long. 106°3402 W.; to lat. 32°0840 N.,
the size of R5107A and establish agency's authority. long. 106°3402 W.; to lat. 32°0851 N.,
R5107K. The U.S. Army assessed the long. 106°3001 W.; to lat. 32°1217 N.,
utilization of the existing R5107A, and This rulemaking is promulgated long. 106°2417 W.; to lat. 32°1433 N.,
determined their operations are under the authority described in long. 106°2346 W.; to the point of
contained to the west side of War Subtitle VII, Part A, Subpart I, Section beginning.
Highway 11, 70 to 90 percent of the 40103. Under that section, the FAA is Designated altitudes. Surface to unlimited.
time. The requested action makes the charged with prescribing regulations to Time of designation. 07002000 local time,
assign the use of the airspace necessary MondayFriday, other times by NOTAM.
unused area available for use by
to ensure the safety of aircraft and the Controlling agency. FAA, Albuquerque,
nonparticipating civil aircraft. The U.S. ARTCC.
Army has also determined that a small efficient use of airspace. This regulation
is within the scope of that authority as Using agency. Commanding General, U.S.
area at the northwest corner of the Army Air Defense Artillery Center and Fort
existing R5107A is not needed and it amends restricted areas in New Bliss Center, (USAADCENFB) Fort Bliss, TX.
requested a boundary reduction. The Mexico.
* * * * *
subdivision of R5107A, into R5107A Environmental Review
and R5107K, will allow airspace Issued in Washington, DC, on August 14,
The FAA has determined that this 2008.
managers the opportunity to return
unused airspace east of War Highway 11 action qualifies for categorical exclusion Edith V. Parish,
for use by nonparticipating civil aircraft under the National Environmental Manager, Airspace and Rules Group.
during periods of inactivity. Policy Act in accordance with 311d., [FR Doc. E819271 Filed 81908; 8:45 am]
FAA Order 1050.1E, ``Environmental BILLING CODE 491013P
The Rule Impacts: Policies and Procedures.'' This
This action amends Title 14 Code of airspace action is not expected to cause
Federal Regulations (14 CFR) part 73 by any potentially significant DEPARTMENT OF STATE
revisingR5107A, White Sands Missile environmental impacts, and no
Range, NM, by dividing the area into 2 extraordinary circumstances exist that 22 CFR Part 41
sub areas, R5107A and R5104K. warrant preparation of an [Public Notice: 6324]
Together, R5107A and R5107K will environmental assessment.
occupy the same vertical, but slightly Documentation of Nonimmigrants
smaller lateral area by eliminating the List of Subjects in 14 CFR Part 73
Under the Immigration and Nationality
northwest corner of the existing R Airspace, Prohibited areas, Restricted Act, as Amended: Fingerprinting
5107A. Additionally, R5107K will only areas.
be active 07002000 local time, Monday AGENCY: Department of State.
through Friday, rather than the current Adoption of the Amendment ACTION: Final rule.
continuous time of designation. Since
this action permits greater access to I In consideration of the foregoing, the SUMMARY: This final rule amends the
airspace by both Visual Flight Rules and Federal Aviation Administration Department of State's regulations
Instrument Flight Rules aircraft during amends 14 CFR part 73 as follows: relating to the application for a
periods of activation of R5107A and R nonimmigrant visa, to generally require
PART 73--SPECIAL USE AIRSPACE all applicants, with certain exceptions,
5107K, notice and public procedures
under 5 U.S.C. 533(b) are unnecessary. to provide a set of ten scanned
I 1. The authority citation for part 73 fingerprints as part of the application
The FAA has determined that this continues to read as follows:
regulation only involves an established process. The scanning of ten
body of technical regulations for which Authority: 49 U.S.C. 106(g), 40103, 40113, fingerprints of nonimmigrant visa
frequent and routine amendments are 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959 applicants has already been
1963 Comp., p. 389. implemented. For the purposes of
necessary to keep them operationally
current. Therefore, this regulation: (1) Is § 73.51 [Amended] verifying and confirming identity,
not a ``significant regulatory action'' conducting background checks, and to
under Executive Order 12866; (2) is not I 2. § 73.51 is amended as follows: ensure that an applicant has not
a ``significant rule'' under Department of * * * * * received a visa or entered into the
Transportation (DOT) Regulatory United States under a different name,
R5107A White Sands Missile Range, NM
Policies and Procedures (44 FR 11034; [Revised]
the Department of State may use the
February 26, 1979); and (3) does not fingerprints in order to ascertain from
Boundaries. Beginning at lat. 32°1930 N., the appropriate authorities whether they
warrant preparation of a regulatory long. 106°3402 W.; to lat. 32°1930 N.,
evaluation as the anticipated impact is long. 106°2349 W.; to lat. 32°1433 N.,
have information pertinent to the
so minimal. Since this is a routine long. 106°2346 W.; to lat. 32°1217 N., applicant's eligibility to receive a visa
sroberts on PROD1PC70 with RULES
matter that will only affect air traffic long. 106°2417 W.; to lat. 32°0851 N., and for other purposes consistent with
procedures and air navigation, it is long. 106°3001 W.; to lat. 32°0840 N., applicable law, regulations, and
certified that this rule, when long. 106°3402 W.; to the point of Department policy.
promulgated, will not have a significant beginning. DATES: This rule is effective on August
economic impact on a substantial * * * * * 20, 2008.
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49092 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT: 5 U.S.C. 553, it is exempt from the Executive Orders 12372 and 13132:
Charles Robertson, Legislation and regulatory flexibility analysis Federalism
Regulations Division, Visa Services, requirements set forth at sections 603
Department of State, Washington, DC and 604 of the Regulatory Flexibility This regulation will not have
205200106, (202) 6631202, e-mail Act (5 U.S.C. 603 and 604). Nonetheless, substantial direct effects on the States,
(robertsonce3@state.gov). consistent with section 605(b) of the on the relationship between the national
Regulatory Flexibility Act (5 U.S.C. government and the States, or the
SUPPLEMENTARY INFORMATION:
605(b)), the Department certifies that distribution of power and
Why is the Department promulgating this rule will not have a significant responsibilities among the various
this rule? economic impact on a substantial levels of government. Nor will the rule
This rule updates the regulations number of small entities. This regulates have federalism implications warranting
concerning documents and fingerprints individual aliens who seek the application of Executive Orders No.
to be provided in support of consideration for nonimmigrant visas 12372 and No. 13132.
nonimmigrant visa applications. This and does not affect any small entities, as
defined in 5 U.S.C. 601(6). Executive Order 12988: Civil Justice
amendment is necessary because
Reform
regulations currently in place do not The Unfunded Mandates Reform Act of
contain information about the general 1995 The Department has reviewed the
requirement for nonimmigrant visa Section 202 of the Unfunded proposed regulations in light of sections
applicants to provide ten fingerprints. In Mandates Reform Act of 1995 (UFMA), 3(a) and 3(b)(2) of Executive Order No.
response to the requirements Public Law 1044, 109 Stat. 48, 2 U.S.C. 12988 to eliminate ambiguity, minimize
established by the Enhanced Border 1532, generally requires agencies to litigation, establish clear legal
Security and Visa Entry Reform Act of prepare a statement before proposing standards, and reduce burden.
2002, the collection of fingerprints from any rule that may result in an annual
most nonimmigrant visa applicants was expenditure of $100 million or more by Paperwork Reduction Act
announced to the public in December State, local, or tribal governments, or by
2004 as part of the Biometric Visa This rule does not impose information
the private sector. This rule will not collection requirements under the
Program. At that time, available result in any such expenditure, nor will
technology allowed for efficient capture provisions of the Paperwork Reduction
it significantly or uniquely affect small
and comparisons of two fingerprints by Act, 44 U.S.C., Chapter 35.
governments.
means of scanning (fingerscans). Later, List of Subjects in 22 CFR Part 41
the process was expanded to 10 The Small Business Regulatory
fingerscans. Notice of the transition to Enforcement Fairness Act of 1996 Aliens, Foreign officials, Immigration,
ten fingerprints was published in the This rule is not a major rule as Nonimmigrants, Passports and Visas.
Federal Register at 72 FR 25351 (4 May defined by 5 U.S.C. 804, for purposes of
2007). I For the reasons stated in the preamble,
congressional review of agency
rulemaking under the Small Business the Department of State amends 22 CFR
What effect does this rule change have part 41 to read as follows:
on the nonimmigrant visa applicant? Regulatory Enforcement Fairness Act of
1996, Public Law 104121. This rule
The Biometric Visa Program was PART 41--[AMENDED]
will not result in an annual effect on the
introduced gradually, as technology economy of $100 million or more; a
allowed, and is now in place at all I 1. The authority citation for part 41
major increase in costs or prices; or
posts. Therefore, this rule change will continues to read as follows:
adverse effects on competition,
have no effect on applicants. employment, investment, productivity, Authority: 8 U.S.C. 1104; Pub. L. 105277,
Must all applicants be fingerprinted? innovation, or the ability of United 112 Stat. 2681795 through 2681801; 8
States-based companies to compete with U.S.C. 1185 note (section 7290 of Pub. L.
As described in the Federal Register foreign based companies in domestic 108458, as amended by section 546 of
notice, the majority of nonimmigrant and import markets. Public Law 109295).
visa applicants are required to be finger-
scanned as part of the application Executive Order 12866: Regulatory I 2. In § 41.105 add paragraph (b) to
process. There are currently some Review read as follows:
exceptions to the fingerprint The Department of State has reviewed § 41.105 Supporting documents and
requirement, including most applicants this rule to ensure its consistency with fingerprinting.
under the age of 14 years or over the age the regulatory philosophy and
of 79. * * * * *
principles set forth in Executive Order
12866 and has determined that the (b) Fingerprinting. Every applicant for
Regulatory Findings
benefits of the proposed regulation a nonimmigrant visa must furnish
Administrative Procedure Act justify its costs. The Department does fingerprints, as required by the consular
This regulation involves a foreign not consider the rule to be an officer.
affairs function of the United States and, economically significant action within * * * * *
therefore, in accordance with 5 U.S.C. the scope of section 3(f)(1) of the
Dated: August 6, 2008.
553(a)(1), is not subject to the Executive Order since it is not likely to
have an annual effect on the economy Janice L. Jacobs,
rulemaking procedures set forth at 5
U.S.C. 553. of $100 million or more or to adversely Assistant Secretary for Consular Affairs,
sroberts on PROD1PC70 with RULES
affect in a material way the economy, a Department of State.
Regulatory Flexibility Act/Executive sector of the economy, competition, [FR Doc. E819316 Filed 81908; 8:45 am]
Order 13272: Small Business. jobs, the environment, public health or BILLING CODE 471006P
Because this final rule is exempt from safety, or state, local, or tribal
notice and comment rulemaking under governments or communities.
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