[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45162-45164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21566]
[[Page 45162]]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 2976]
RIN 1400-AA90
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended--Border Crossing Cards
AGENCY: Department of State, Bureau of Consular Affairs.
ACTION: Final rule.
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SUMMARY: This is a final rule adopting and/or amending Department of
State regulations pertaining to the nonimmigrant border crossing
identification card (BCC) and those pertaining to the requirements for
entry of Mexican nationals into the United States. The rule is
necessitated, in part, by a change in the law, which now specifies that
regulations pertaining to the BCC contain a requirement for the
inclusion of a machine-readable biometric identifier in such cards.
The rule provides authority for consular officers to issue to
Mexican citizens who are residents of Mexico a combined B-1/B-2 visa
and border crossing card (B-1/B-2 Visa/BCC) as a stand-alone card
containing a machine-readable biometric identifier; specifies the
conditions under which the new stand-alone card will be considered
invalidated; waives the requirements for the presentation of a passport
for all applicants for the card, provided the applicant presents other
acceptable documentation of nationality and identity; includes a waiver
of the visa and passport requirement for Mexican nationals entering the
United States for the purpose of obtaining official Mexican documents
from a Mexican consular office in the United States side of the border;
and adopts changes to the regulations pertaining to the issuance and
revocation of Canadian border crossing cards made necessary by the same
change in the law.
EFFECTIVE DATE: August 19, 1999.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1204, [email protected].
SUPPLEMENTARY INFORMATION: The Department published an interim rule
with request for comments [63 FR 16895] on April 7, 1998. The
Department received one timely comment in response to the interim rule.
This final rule adopts without changes the revisions made in the
interim rule to sections 41.2(g) and 41.122(a)(4). The rule adopts,
with minor word changes, the revisions to sections 41.32 and 41.33.
Analysis of Comment
The comment received expressed a concern that requiring the
biometric reader in the card could cause significant time increases for
processing the large volume of traffic that crosses the land borders
between the United States and Canada and the United States and Mexico.
The commentator specifically focused on the negative effect the BCC
would have on time-sensitive commercial trade flows between the United
States and its two largest trading partners.
The Department's regulations, however, deal with the content and
issuance of the BCC, and not the processing of the cards at land
borders between the United States, Canada and Mexico. Those procedures
are left to the Immigration and Naturalization Service. Further, both
the information on the face of the card and the biometric data
contained in the card have been designed to ensure rapid processing of
traffic on land-borders. The Department believes, therefore, that the
design of the card has been tailored in a fashion that meets both the
Congressional directive to include a biometric identifier in the BCC/
NIV, in an effort to ameliorate the incidence of fraud associated with
the card, and the commentator's concern of ensuring ease of commerce
between the United States and its neighbors. Finally, the commentator
suggested that the BCC/NIV biometric program be delayed pending a study
of its potential effect on land border traffic. The Department,
however, was constrained by IIRIRA Sec. 104 to begin issuance of
biometric inclusive cards as of April 1, 1998. The Department,
therefore, does not deem it necessary to comply with the commenter's
request.
Passport Requirement
When originally published, the interim rule contained an amendment
to 22 CFR 41.2(g)(4) reflecting an agreement pursuant to INA 212(d)(4)
between the Department of State and the INS to waive the passport
requirement contained in INA 212(a)(7)(B)(i)(I) for certain applicants
for the new B-1/B-2 Visa/BCC. This agreement also was reflected in the
language of 22 CFR 41.32(a)(2)(iii) in the interim rule. Since that
time, however, the Department and INS have agreed to a further change
in policy regarding the documentation necessary for the BCC application
process.
Recently, the Department gained information that Mexican
authorities adjudicate the application for a Certificate of Mexican
Nationality (CMN) as rigorously as a Mexican passport application. In
addition, if a consular officer has a question regarding the validity
of a CMN, the means to investigate the situation has been shown to be
similar to that of investigating a questionable passport. The
Department has determined, therefore, that the CMN, when used in
conjunction with another piece of identification that includes a photo,
will be sufficient for consular officers to adjudicate a BCC
application. Section 41.32(a)(2), as contained in the interim
regulation, has been amended to reflect this concept. The Department
believes that this change does not significantly alter the substance or
intent of the regulation and that it is, therefore, not necessary to
open the change to public comment.
Photo Requirement
The interim rule, at section 41.42(a)(2)(ii), required that all
applicants for the BCC provide one photograph of the size specified in
the application, Form OF-156. This photo was to be used for record
keeping purposes because it was not necessary for the production for
the card itself. Because the BCC/NIV uses a digitized image on the
card, the Department has decided it is no longer necessary for the
applicant to submit a photo. This change has been reflected in the
final regulation.
The remaining sections of the regulations were discussed in detail
at Federal Register Public Notice 2773 and will be adopted as
originally published, except for the minor changes indicated below.
The Regulatory Flexibility Act
Pursuant to sec. 605(b) of the Regulatory Flexibility Act, the
Department has assessed the potential impact of this rule and it has
been determined, and the Assistant Secretary for Consular Affairs
hereby certifies, that it will not have a significant economic impact
on a substantial number of small entities. The rule has no economic
effect beyond that of the statutory requirements already in effect,
which it implements.
5 U.S.C. Chapter 8
As required by 5 U.S.C. chapter 8, the Department has screened this
rule and determined that it is not a major rule, as defined in 5 U.S.C.
80412.
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Paperwork Reduction Act
The Department of State, Bureau of Consular Affairs, Visa Services
has received OMB emergency clearance for the information collection
instrument, Nonimmigrant Visa Application (OF-156), that underlies the
nonimmigrant border crossing identification card (BCC) contained in
this rule. It is estimated that 1,800,000 OF-156s will be completed
annually to support the issuance of BCCs, and that (at 10 minutes per
OF-156) this will require 300,000 hours of the time of aliens. Comments
regarding OF-156 information collections in support of this rule should
be identified as such and should be directed to Charles S. Cunningham,
Directives Management Branch, U.S. Department of State, Washington,
D.C. 20520, (202) 647-0596. Such comments should be received within 60
days of publication of this rule.
E.O. 12988 and E.O. 12866
This rule has been reviewed as required by E.O. 12988 and
determined to meet the applicable regulatory standards it describes.
Although exempted from E.O. 12866, this rule has been reviewed to
ensure consistency with it.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports and visas, Temporary visitors.
Accordingly, the interim rule published on April 7, 1998 at 63 FR
16892 is adopted as final with the following changes:
PART 41--[AMENDED]
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104.
2. Revise Section 41.32 to read as follows:
Sec. 41.32 Nonresident alien Mexican border crossing identification
cards; combined border crossing identification cards and B-1/B-2
visitor visas.
(a) Combined B-1/B-2 visitor visa and border crossing
identification card (B-1/B-2 Visa/BCC). (1) Authorization for issuance.
Consular officers assigned to a consular office in Mexico designated by
the Deputy Assistant Secretary for Visa Services for such purpose may
issue a border crossing identification card, as that term is defined in
INA 101(a)(6), in combination with a B-1/B-2 nonimmigrant visitor visa
(B-1/B-2 Visa/BCC), to a nonimmigrant alien who:
(i) Is a citizen and resident of Mexico;
(ii) Seeks to enter the United States as a temporary visitor for
business or pleasure as defined in INA 101(a)(15)(B) for periods of
stay not exceeding six months;
(iii) Is otherwise eligible for a B-1 or B-2 temporary visitor visa
or is the beneficiary of a waiver under INA 212(d)(3)(A) of a ground of
ineligibility, which waiver is valid for multiple applications for
admission into the United States and for a period of at least ten years
and which contains no restrictions as to extensions of temporary stay
or itinerary.
(2) Procedure for application. Mexican applicants shall apply for a
B-1/B-2 Visa/BCC at any U.S. consular office in Mexico designated by
the Deputy Assistant Secretary of State for Visa Services pursuant to
paragraph (a) of this section to accept such applications. The
application shall be submitted on Form OF-156. The application shall be
supported by:
(i) Evidence of Mexican citizenship and residence;
(ii) The applicant's digitized photographic image taken at the time
of the application; and
(iii) A valid Mexican Federal passport or a Certificate of Mexican
Nationality (as long as the Certificate of Mexican Nationality is
supported by another form of identification which includes a
photograph) unless the applicant is the bearer of a currently valid or
expired United States visa or BCC or B-1/B-2 Visa/BCC which has neither
been voided by operation of law nor revoked by a consular or
immigration officer. BCCs that, after October 1, 2001, or such other
date as may be enacted, are no longer useable for entry due only to the
absence of a machine readable biometric identifier shall not be
considered to have been voided or revoked for the purpose of making an
application under this section.
(iv) A digitized impression of the prints of the alien's index
fingers taken at the time of the application.
(3) Personal appearance. Each applicant shall appear in person
before a consular officer to be interviewed regarding eligibility for a
visitor visa, unless the consular officer waives personal appearance.
(4) Issuance and format. A B-1/B-2 Visa/BCC issued on or after
April 1, 1998, shall consist of a card, Form DSP-150, containing a
machine-readable biometric identifier. It shall contain the following
data:
(i) Post symbol;
(ii) Number of the card;
(iii) Date of issuance;
(iv) Indicia ``B-1/B-2 Visa and Border Crossing Card'';
(v) Name, date of birth, and sex of the person to whom issued; and
(vi) Date of expiration.
(b) Validity. A BCC previously issued by a consular officer in
Mexico on Form I-186, Nonresident Alien Mexican Border Crossing Card,
or Form I-586, Nonresident Alien Border Crossing Card, is valid until
the expiration date on the card (if any) unless previously revoked, but
not later than the date, currently October 1, 2001, on which a machine-
readable, biometric identifier in the card is required in order for the
card to be usable for entry. The BCC portion of a B-1/B-2 Visa/BCC
issued to a Mexican national pursuant to provisions of this section
contained in the 22 CFR, parts 1 to 299, edition revised as of April 1,
1998 is valid until the date of expiration, unless previously revoked,
but not later than the date, currently October 1, 2001, on which a
machine-readable, biometric identifier in the card is required in order
for the card to be usable for entry.
(c) Revocation. A consular or immigration officer may revoke a BCC
issued on Form I-186 or Form I-586, or a B-1/B-2 Visa/BCC under the
provisions of Sec. 41.122, or if the consular or immigration officer
determines that the alien to whom any such document was issued has
ceased to be a resident and/or a citizen of Mexico. Upon revocation,
the consular or immigration officer shall notify the issuing consular
or immigration office. If the revoked document is a card, the consular
or immigration officer shall take possession of the card and physically
cancel it under standard security conditions. If the revoked document
is a stamp in a passport the consular or immigration officer shall
write or stamp ``canceled'' on the face of the document.
(d) Voidance. (1) The voiding pursuant to INA 222(g) of the visa
portion of a B-1/B-2 Visa/BCC issued at any time by a consular officer
in Mexico under provisions of this section contained in the 22 CFR,
parts 1 to 299, edition revised as of April 1, 1998, also voids the BCC
portion of that document.
(2) A BCC issued at any time by a consular officer in Mexico under
any provisions of this section contained in the 22 CFR, parts 1 to 299,
edition revised as of April 1, 1998, is void if a consular or
immigration officer determines that the alien has violated the
conditions of the alien's admission into the United States, including
the period of stay authorized by the Attorney General.
(3) A consular or immigration officer shall immediately take
possession of a card determined to be void under paragraphs (d) (1) or
(2) of this section
[[Page 45164]]
and physically cancel it under standard security conditions. If the
document voided in paragraphs (d) (1) or (2) is in the form of a stamp
in a passport the officer shall write or stamp ``canceled'' across the
face of the document.
(e) Replacement. When a B-1/B-2 Visa/BCC issued under the
provisions of this section, or a BCC or B-1/B-2 Visa/BCC issued under
any provisions of this section contained in the 22 CFR, parts 1 to 299,
edition revised as of April 1, 1998, has been lost, mutilated,
destroyed, or expired, the person to whom such card was issued may
apply for a new B-1/B-2 Visa/BCC as provided in this section.
3. Revise section 41.33 to read as follows:
Sec. 41.33 Nonresident alien Canadian border crossing identification
card (BCC).
(a) Validity of Canadian BCC. A Canadian BCC or the BCC portion of
a Canadian B-1/B-2 Visa/BCC issued to a permanent resident of Canada
pursuant to provisions of this section contained in the 22 CFR, parts 1
to 299, edition revised as of April 1, 1998, is valid until the date of
expiration, if any, unless previously revoked, but not later than the
date, currently October 1, 2001, on which a machine readable biometric
identifier is required in order for a BCC to be usable for entry.
(b) Revocation of Canadian BCC. A consular or immigration officer
may revoke a BCC or a B-1/B-2 Visa/BCC issued in Canada at any time
under the provisions of Sec. 41.122, or if the consular or immigration
officer determines that the alien to whom any such document was issued
has ceased to be a permanent resident of Canada. Upon revocation, the
consular or immigration officer shall notify the issuing consular
office and if the revoked document is a card, the consular or
immigration officer shall take possession of the card and physically
cancel it under standard security conditions. If the revoked document
is a stamp in a passport the consular or immigration officer shall
write or stamp ``canceled'' on the face of the document.
(c) Voidance. (1) The voiding pursuant to INA 222(g) of the visa
portion of a B-1/B-2 Visa/BCC issued at any time by a consular officer
in Canada under provisions of this section contained in the 22 CFR,
parts 1 to 299, edition revised as of April 1, 1998, also voids the BCC
portion of that document.
(2) A BCC issued at any time by a consular officer in Canada under
any provisions of this section contained in the 22 CFR, parts 1 to 299,
edition revised as of April 1, 1998, is void if a consular or
immigration officer finds that the alien has violated the conditions of
the alien's admission into the United States, including the period of
stay authorized by the Attorney General.
(3) A consular or immigration officer shall immediately take
possession of a card determined to be void under paragraphs (c) (1) or
(2) of this section and physically cancel it under standard security
conditions. If the document voided under paragraphs (c) (1) or (2) is
in the form of a stamp in a passport the officer shall write or stamp
``canceled'' across the face of the document.
Dated: August 10, 1999.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 99-21566 Filed 8-18-99; 8:45 am]
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