[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47668-47669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22964]
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DEPARTMENT OF JUSTICE
8 CFR Part 264
[INS No. 1606-94; AG ORDER No. 2053-96]
RIN 1115-AC83
Addition of Provision for the Registration and Fingerprinting of
Nonimmigrants Designated by the Attorney General; Removal of the
Requirement for the Registration and Fingerprinting of Certain
Nonimmigrants Bearing Iraqi and Kuwaiti Travel Documents
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule adopts without change an interim rule published by
the Immigration and Naturalization Service (Service) in the Federal
Register on December 23, 1993, which added the provision for the
registration and fingerprinting of certain nonimmigrants of specific
countries designated by the Attorney General. The interim rule also
removed the requirement for the registration and fingerprinting of
certain nonimmigrants bearing Iraqi and Kuwaiti travel documents who
applied for admission to the United States, which was promulgated in
response to a specific political situation. This action will continue
to afford the Attorney General with the flexibility to facilitate
implementation of the fingerprinting requirement when future political
situations arise which threaten the national security of the United
States.
EFFECTIVE DATE: October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Jake Achterberg, Assistant Chief
Inspector, Inspections Division, Immigration and Naturalization
Service, 425 I Street NW, Room 7228, Washington, DC, 20536, telephone
(202) 514-3019.
SUPPLEMENTARY INFORMATION: On January 16, 1991, a final rule was
published in the Federal Register, at 56 FR 1566, adding a new
Sec. 264.3 of Title 8 of the Code of Federal Regulations, requiring the
registration and fingerprinting of certain nonimmigrants bearing Iraqi
and Kuwaiti travel documents. The requirement was promulgated in
response to the United States condemnation of Iraq's invasion of
Kuwait, United States sanctions against Iraq, and the theft of
thousands of Kuwaiti passports during Iraq's occupation of Kuwait, all
of which heightened the potential for domestic anti-United States
terrorist activities. Due to the withdrawal of Iraqi forces from
Kuwait, and the Government of Kuwait's requirement that all old Kuwaiti
passports be replaced with a new version, this requirement was no
longer necessary and was removed by an interim rule which was published
in the Federal Register on December 23, 1993, at 58 FR 68024.
To address future political situations which elevate concern for
United States' security and would require the registration and
fingerprinting of certain nonimmigrants, the interim rule also added a
provision allowing the Attorney General to designate, by public notice
published in the Federal Register, certain nonimmigrants of specific
countries to be registered and fingerprinted upon arrival in the United
States, pursuant to section 263(a)(5) of the Immigration and
Nationality Act, 8 U.S.C. 1303(a)(5).
The provision was necessary to afford the Attorney General with the
flexibility to facilitate implementation of the fingerprinting
requirement when responding to specific political situations that
threatened the security of the United States. Elsewhere in the same
issue of the December 23, 1993, Federal Register, the Service published
a notice requiring certain nonimmigrants from Iraq and the Sudan to be
registered and fingerprinted upon arrival in the United States. This
action was taken in response to increased concern for national security
resulting from terrorist attacks and uncovered plots directed by
nationals of Iraq and Sudan.
The interim rule requested that comments concerning the new
provisions be submitted to the Service by January 24, 1994. The Service
did not receive any comments and is therefore adopting the interim rule
as final without change.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving
it, certifies that the rule will not have a significant economic impact
on a substantial number of small entities. This rule merely affects a
limited number of individuals.
[[Page 47669]]
Executive Order 12866
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, 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 12612
The regulations proposed herein 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 Executive Order 12612, it is determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
Accordingly, the interim rule amending 8 CFR part 264, which was
published in the Federal Register on December 23, 1993, at 58 FR 68024-
68025, is adopted as a final rule without change.
Dated: September 3, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-22964 Filed 9-9-96; 8:45 am]
BILLING CODE 4410-10-M
