[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Rules and Regulations]
[Page 7853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2999]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 4992]
RIN 1400-AC03
Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended--Student and Exchange Visitor Information
System (SEVIS)
AGENCY: State Department.
ACTION: Final rule.
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SUMMARY: This rule makes final the interim rule amending the
Department's regulations pertaining to foreign students and exchange
visitors who enter the United States in F, M, or J nonimmigrant visa
categories. The new regulations will establish the verification and
reporting procedures required by the Department of Homeland Security
(DHS) foreign student monitoring system known as Student and Exchange
Visitor Information System (SEVIS). As SEVIS was fully implemented on
February 15, 2003, the Department's transitional foreign student
database known as the Interim Student and Exchange Authentication
System (ISEAS) is no longer available to the educational and exchange
visitor communities. However, it remains available to consular sections
in the field as a means of electronically verifying student and
exchange visitor documentation issued prior to February 15, 2003.
EFFECTIVE DATES: The interim rule became effective on May 23, 2003.
This final rule takes effect on the date of publication in the Federal
Register.
ADDRESSES: You may view this final rule online at http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Jill Nebel, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, 202-663-1260 or e-mail [email protected]
SUPPLEMENTARY INFORMATION: On May 23, 2003, the Department published an
interim rule (68 FR 28129; Public Notice 4368) detailing the
implementation of the SEVIS monitoring system. The Department published
this interim rule with a request for comments. There were no comments
received and the Department is now making final the interim rule.
How Is the Department Amending Its Regulations?
The Department is amending its regulations at 22 CFR 41.61 and
41.62 regarding students and exchange visitors by adding the
requirement that authorized consular officials verify the provenance of
SEVIS-generated forms I-20 or DS-2019 against SEVIS data in the
Consular Consolidated Database CCD. It is also amending its regulations
by adding the requirement that authorized consular officials verify the
payment of any applicable SEVIS fee, and to make Border Commuter
Students (F-3 and M-3) subject to SEVIS requirements. No F-1, F-2, F-3,
M-1, M-2, M-3, J-1 or J-2 visas may be issued unless an authorized
consular official has verified the provenance of the student or
exchange visitor acceptance documentation against SEVIS data in the
CCD, or via direct access to SEVIS.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a final rule, after a 60-
day provision for post-promulgation public comments and review, based
on the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and
553(d)(3).
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. 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 significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign
based companies in domestic and import markets.
The Unfunded Mandates Reform Act of 1995
This rule will not result in an annual expenditure of $100 million
or more by State, local, or tribal governments, or by the private
sector and it will not significantly or uniquely affect small
governments.
Executive Order 12866: Regulatory Review
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order.
Executive Order 13132: Federalism
This regulation 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 section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
The Paperwork Reduction Act of 1995
The final rule does not impose information collection requirements
under the provisions of the Paperwork Reduction Act, 44 U.S.C., chapter
35.
Final Rule
The interim rule amended the Departments' regulations at 22 CFR
part 41. In view of the foregoing, the Department does not feel it
necessary to amend the regulations as published in the interim rule,
and the interim rule is being incorporated herein as a final rule.
Dated: November 8, 2004.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 05-2999 Filed 2-15-05; 8:45 am]
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