Federal Register Notice for Interim Rule

Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Rules and Regulations
Note 1 to paragraph (d). A vessel exported
or reexported to a country pursuant to this
paragraph (d) may not remain in that country
for more than 14 consecutive days before it
departs for a country to which it may be
exported without a license or the United
States.

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Dated: May 31, 2019.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2019–11777 Filed 6–4–19; 8:45 am]
BILLING CODE 3510–33–P

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DEPARTMENT OF STATE

PART 746—[AMENDED]

22 CFR Part 42
3. The authority citation for 15 CFR
part 746 continues to read as follows:

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[Public Notice: 10641]

Authority: Pub. L. 115–232, 132 Stat. 2208
(50 U.S.C. 4801 et seq.); 50 U.S.C. 4601 et
seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c;
Sec 1503, Pub. L. 108–11, 117 Stat. 559; 22
U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C.
7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993
Comp., p. 614; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p
168; Presidential Determination 2003–23, 68
FR 26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007–7, 72 FR
1899, 3 CFR, 2006 Comp., p. 325; Notice of
May 9, 2018, 83 FR 21839 (May 10, 2018);
Notice of August 8, 2018, 83 FR 39871
(August 13, 2018).

4. Section 746.2 is amended by:
■ (a) Redesignating paragraph (b)(3)(ii)
as paragraph (b)(4);
■ (b) Adding and reserving new
paragraph (b)(3)(ii); and
■ (c) Revising newly redesignated
paragraph (b)(4).
The addition and revision read as
follows:
■

§ 746.2

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(b) * * *
(ii) [Reserved]
(4) Temporary sojourns of aircraft and
vessels. Applications for exports or
reexports of aircraft or vessels on
temporary sojourn to Cuba, other than
aircraft operated by certificated air
carriers or cargo vessels for hire, are
subject to a general policy of denial
unless consistent with the foreign policy
or national security interests of the
United States. Applications for exports
or reexports of aircraft operated by
certificated air carriers or cargo vessels
for hire on temporary sojourn to Cuba
may be authorized on a case-by-case
basis.

Note 1 to paragraph (b)(4): Applications
for exports or reexports of private and
corporate aircraft, cruise ships, sailboats,
fishing vessels, and other similar aircraft and
vessels on temporary sojourn to Cuba will
generally be denied.

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Visas: Diversity Immigrants
State Department.
Interim final rule; notice of
request for public comment.

AGENCY:
ACTION:

This interim final rule is
promulgated to require alien petitioners
for the Diversity Visa Program to
provide certain information from a
valid, unexpired passport on the
electronic entry form.
DATES: This interim final rule is
effective June 5, 2019. The Department
of State will accept comments up to July
5, 2019.
ADDRESSES: You may submit comments
by the either of the following methods:
Internet: At www.Regulations.gov, you
can search for the document using the
Docket Number DOS–2019–0014 or
using the notice RIN 1400–AE74.
Email: Taylor Beaumont, Acting
Chief, Department of State, VisaRegs@
state.gov.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Cuba.

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RIN 1400–AE74

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Taylor Beaumont, Acting Chief,
Legislation and Regulations Division,
Visa Services, Bureau of Consular
Affairs, Department of State, 600 19th
St. NW, Washington, DC 20006, (202)
485–8910, [email protected].
SUPPLEMENTARY INFORMATION:
What changes are in the amended rule?
The Diversity Visa Program (‘‘DV
Program’’) is administered annually by
the Department of State (‘‘Department’’).
Section 203(c) of the Immigration and
Nationality Act (‘‘INA’’), 8 U.S.C.
1153(c), provides for a class of
immigrants known as ‘‘diversity
immigrants’’ from countries with
historically low rates of immigration to
the United States. An estimated 14
million aliens register annually for the
DV Program through an electronic entry
form. The entry form collects
information on the petitioner’s full
name; date and place of birth; gender;
native country, if different from place of
birth; current mailing address; and
location of the consular post where the

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diversity visa should be adjudicated, if
the petitioner is selected through the DV
lottery. The electronic entry form also
collects information about the names,
dates and places of birth for the
petitioner’s spouse and children. The
entry process is open to all aliens who
are natives of ‘‘low-admission’’
countries without numerical limitation,
defined as countries with fewer than
50,000 natives admitted to the United
States during the most recent five-year
period. After the close of the DV
Program entry period, petitioners are
selected through a randomized
computer drawing (‘‘selectees’’) for
consideration for one of the 50,000
available diversity visa numbers. While
INA 201(d) authorizes allocation of
55,000 diversity visas annually, 5,000 of
those visas are allocated each year for
use under the Nicaraguan Adjustment
and Central American Relief Act. See
Public Law 105–100, § 203(d) (INA
§ 201 note) (1997). Selectees may then
apply for a diversity visa or, if present
in the United States, apply for
adjustment of status. To qualify for a
visa, these selectees must meet certain
requirements, including those provided
for at INA 203(c), 8 U.S.C. 1153(c).
Section 204(a)(1)(I)(iii) of the INA, 8
U.S.C. 1154(a)(1)(I)(iii), vests the
Secretary of State with authority to set
by regulation the information and
documentary evidence to support a
petition for entry into the DV Program.
The requirements are set out in 22 CFR
42.33.
With this rule, the Department is
amending 22 CFR 42.33(b)(1) to require
the petitioner to include on the
electronic diversity visa entry form the
unique serial or issuance number
associated with the petitioner’s valid,
unexpired passport; country or
authority of passport issuance; and
passport expiration date. These
requirements will apply only to the
principal petitioner and not derivatives
listed on the entry form. These
requirements apply unless the petitioner
is either stateless, a national of a
Communist-controlled country and
unable to obtain a passport from the
government of the Communistcontrolled country, or the beneficiary of
an individual waiver approved by the
Secretary of Homeland Security and the
Secretary of State, consistent with the
passport waivers for immigrant visa
applicants provided for in 22 CFR
42.2(d), (e), and (g)(2). A petitioner who
does not have a passport and is either
stateless, is a national of a Communistcontrolled country and unable to obtain
a passport from the government of the
Communist-controlled country, or has
an individual waiver of the passport

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requirement from the Secretary of
Homeland Security and the Secretary of
State, must indicate that he or she falls
into one of these three circumstances on
the electronic entry form, instead of
providing passport information. The
requirements for information from a
valid passport will not be waived under
any other circumstances.
The Department is also clarifying that
failure to accurately include any
information required by 22 CFR
42.33(b)(1) and (2) will result in
mandatory disqualification of the
petitioner for that fiscal year. The
existing regulations require the
petitioner to submit specific
information, including, but not limited
to: Name, date of birth, and place of
birth for the principal petitioner and
any relatives that may accompany the
petitioner, if selected to apply for a
diversity visa, as well as a digital photo.
While these are currently requirements
for the diversity visa entry form,
existing regulations do not make clear
the consequence for failure to provide
the information. The revised regulation
clarifies that failure to provide the
required information, including a
compliant photograph, will result in the
disqualification of the entry, the
petitioner, and derivatives from the DV
Program for that fiscal year.
Why is the Department promulgating
this rule?
The Department has historically
encountered significant numbers of
fraudulent entries for the DV Program
each year, including entries submitted
by criminal enterprises on behalf of
individuals without their knowledge.
Individuals or entities that submit
unauthorized entries will often contact
unwitting individuals whose identities
were used on selected DV Program
entries, inform them of the opportunity
to apply for a diversity visa, and hold
the entry information from the named
petitioner in exchange for payment.
Requiring that each entry form include
a valid passport number at the time of
the DV Program entry will make it more
difficult for third parties to submit
unauthorized entries, because third
parties are less likely to have
individuals’ passport numbers. Entries
submitted by unauthorized third parties
using a duplicative passport number
will also be easily identified and
automatically disqualified.
The Department is also adding a
sentence to the regulation to clarify that
entries, and the individual identified as
the entrant, are disqualified if they fail
to include all required information and
comply with instructions. This will
provide increased transparency to DV

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Program entrants who might question
why their entry was disqualified, by
explaining that disqualification will
result from failure to submit required
information. While all DV entrants must
submit a completed entry form to
qualify for selection in the DV lottery,
current instructions are not clear that
failure to provide that information
results in mandatory disqualification.
The information collected on the entry
form is vital to the integrity of the DV
Program, by ensuring the Department’s
ability to match the identity of DV
lottery selectees and diversity visa
applicants. Also, entry forms must be
complete and accurate to ensure that the
Department is selecting entries from
individuals who may be eligible for visa
issuance. Providing clear notice that
failure to accurately provide required
information will result in
disqualification will reduce the number
of incomplete forms and reduce entries
from individuals who will not be
eligible for visas, for example, because
they cannot provide the required
information.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this
rule as an interim final rule because it
is exempt from notice and comment
under the foreign affairs exception of
the Administrative Procedure Act
(‘‘APA’’), 5 U.S.C. 553(a). This rule
clearly and directly impacts a foreign
affairs function of the United States. See
City of N.Y. v. Permanent Mission of
India to the U.N., 618 F.3d 172, 202 (2d
Cir. 2010). Specifically, as explained
below, this regulation pertains to a visa
program which serves as a clear tool of
diplomacy and outreach to countries
around the world. Furthermore, this
rule addresses a vulnerability in the
current application process by making it
more difficult for third parties to submit
fraudulent or unauthorized entries, a
practice that has significant negative
consequences.
Under Section 204(a)(1)(I) of the INA,
the Secretary has the authority to
determine the information or documents
required for the diversity visa
application and prescribe regulations
necessary to carry out the DV Program.
This rule will add a requirement that
foreign nationals seeking to enter the DV
Program must provide valid passport
information at the time of DV Program
entry.
The DV Program was established to
diversify the immigrant population in
the United States, but it also serves as
an outreach tool, as its focus is on
building relations with foreign

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populations around the world,
particularly with diversity visa eligible
countries. Diversity visa-eligible
countries qualify for that status based on
limited immigration to the United States
by nationals of the country.
Consequently, the DV Program is an
important public diplomacy tool for the
Department of State, because it offers
foreign nationals an opportunity to
immigrate to the United States without
having to qualify under a more targeted
family-based or employment-based
classification. This opportunity helps
create allies and goodwill overseas,
while simultaneously promoting U.S.
foreign policy interests. A program thus
tailored to foster allies and goodwill
overseas clearly qualifies as the exercise
of diplomacy. Therefore, this regulation
is exempt from 5 U.S.C. 553 the APA
because it involves a foreign affairs
function of the United States.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
Because this interim final rule is
exempt from notice-and-comment
rulemaking under 5 U.S.C. 553, it is
exempt from the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Nonetheless,
consistent with the Regulatory
Flexibility Act, the Department certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities because this
rule only regulates individual
petitioners for the DV Program and does
not regulate any small entities or
businesses.
Small Business Regulatory Enforcement
Fairness Act of 1996
The Office of Information and
Regulatory Affairs has determined that
this is not a major rule as defined by 5
U.S.C. 804.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866
direct agencies to assess costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
These Executive Orders stress the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Information
and Regulatory Affairs has determined
that this is a significant, though not
economically significant, regulatory
action under Section 3(f) of Executive
Order 12866.

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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Rules and Regulations
From 2016 to 2018, the average
number of entrants for the DV Program
each year was 14,589,023. The
Department estimates that, on average,
responding to this information request
will take approximately 5 minutes,
which includes gathering the passport
and supplying the number. This
estimate does not account for the effort
needed to acquire a passport for those
individuals who do not already have a
passport, and the Department cannot
provide a greater estimate of the time
required to do that given the varied
processes in foreign countries to obtain
a passport. Using the average hourly
wage for all private, non-farm, payrolls
as calculated by the Bureau of Labor
Statistics for March 2019, $27.70
multiplied by a factor of 1.479 (to
account for overhead costs) gives a
fully-loaded wage of $40.97. Thus the
opportunity costs associated with the
time burden to supply the information
for this collection are approximately
$49,809,356. This burden does not
account for the capital costs associated
with acquiring the passport for any
individuals who do not already have
one. The Department acknowledges that
some portion of the applicant
population will need to procure a
passport, but has no way of estimating
how many applicants this would apply
to and similarly does not have data
indicating distributional impacts of this
requirement. The benefits of enhancing
the requirements to enter the DV
Program, while difficult to quantify, will
include reducing fraud and
unauthorized entries on behalf of
unwitting individuals that could result
in disqualifying the victim.
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. The rule will not
have federalism implications warranting
the application of Executive Orders
12372 and 13132.

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Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulation in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.

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Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of Section 5 of Executive
Order 13175 do not apply to this
rulemaking.
Paperwork Reduction Act
The Department invites comment on
any increase in burden imposed by the
proposed collection of information.
Comments are encouraged and will be
accepted for 30 days from the
publication date of the interim final
rule. All submissions received must
include the OMB Control Number 1405–
0153 in the body of the letter and the
agency name. Direct comments to the
Department of State Desk Officer in the
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB). You may submit
comments by the following methods:
• Email: oira_submission@
omb.eop.gov. You must include the DS
form number, information collection
title, and the OMB control number in
the subject line of your message.
• Fax: 202–395–5806. Attention: Desk
Officer for Department of State.
Abstract of Proposed Collection
The Department of State utilizes the
Electronic Diversity Visa (‘‘EDV’’) Entry
Form to elicit information necessary to
establish the eligibility of the petitioner
for the DV Program. The two primary
requirements of the program are: (1) The
petitioner is a native of a low admission
country, and (2) has at least a high
school education or its equivalent, or
within five years of the date of an
application for a visa has two years of
work experience in an occupation
which requires at least two years of
training or experience. This rule
proposes to amend the EDV Entry Form
to require that entrants provide
information for a valid, unexpired
passport. The Department of State
randomly selects qualified entrants for
further participation in the program.
Methodology
The EDV Entry Form is available
online at www.dvlottery.state.gov and
can only be submitted electronically
during the annual entry period.
• Title of Information Collection:
Electronic Diversity Visa Entry Form
• OMB Control Number: 1405–0153
• Type of Request: Revision to a
Currently Approved Collection

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• Originating Office: CA/VO/L/R
• Form Number: DS–5501
• Respondents: Electronic Diversity
Visa Entry Form Respondents
• Estimated Number of Respondents:
14,589,023
• Estimated Number of Responses:
14,589,023
• Average Time per Response: 35
minutes
• Total Estimated Burden Time:
8,510,263 hours
• Frequency: Annually
• Obligation to Respond: Required to
Obtain or Retain a Benefit
List of Subjects in 22 CFR Part 42
Immigration; Passports and visas.
For the reasons stated in the
preamble, the Department amends 22
CFR part 42 as follows:
PART 42—VISAS: DOCUMENTATION
OF IMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
1. The authority citation for part 42 is
revised to read as follows:

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Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104;
8 U.S.C. 1151; 8 U.S.C. 1153–1154; Pub. L.
105–277, 112 Stat. 2681–795 through 2681–
801; 8 U.S.C. 1185 note (section 7209 of Pub.
L. 108–458, as amended by section 546 of
Pub. L. 109–295).

2. In § 42.33, add paragraphs
(b)(1)(viii) and (ix) to read as follows:

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§ 42.33

Diversity immigrants.

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(1) * * *
(viii) The unique serial or issuance
number associated with the petitioner’s
valid, unexpired passport, country or
authority of passport issuance, and
expiration date, unless the petitioner
would be exempt from the passport
requirement pursuant to 22 CFR 42.2(d),
(e), or (g)(2).
(ix) Failure to accurately include any
information or documents required by
paragraphs (b)(1)(i) through (viii) or
paragraph (b)(2) of this section will
result in disqualification of the entry for
that fiscal year.
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Carl C. Risch,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2019–11762 Filed 6–4–19; 8:45 am]
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