[Federal Register: December 13, 2002 (Volume 67, Number 240)]
[Proposed Rules]
[Page 76711-76712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de02-20]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 4215]
Documentation of Nonimmigrants Under the Immigration and
Nationality Act, As Amended--Elimination of Crew List Visas
AGENCY: Department of State.
ACTION: Proposed rule with request for comments.
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SUMMARY: Under current regulations, crewmen working on vessels and
aircraft bound for the United States are able to obtain crew list visas
without submitting individual application forms or undergoing
background checks that would apply to many if they applied for
individual visas. In light of the security concerns resulting from the
events of September 11, 2001, the Department can no longer justify
issuance of a visa without the full application process. This rule
proposes to amend the regulations to eliminate the crew list visa.
DATES: Written comments must be received on or before February 11,
2003.
ADDRESSES: Written comments may be submitted to the Chief, Legislation
and Regulations Division, Visa Services, Department of State,
Washington, DC 20520-0106, by fax to 202-663-3898 or by e-mail to
VisaRegs@state.gov.
FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, 202-663-1206 or e-mail chavezpr@state.gov.
SUPPLEMENTARY INFORMATION:
What Is a Crew List Visa?
The Department's current regulation at 22 CFR 41.42(a) defines crew
list visa as follows: ``A crew list visa is a nonimmigrant visa issued
on a manifest of crewmen of a vessel or aircraft and includes all
aliens listed in the manifest unless otherwise stated. It constitutes a
valid nonimmigrant visa within the meaning of INA
212(a)(7)(B)(i)(II).''
What Are the Statutory Authorities Pertaining to the Crew List Visa?
Authority for the issuance of a crew list visa is derived from
sections 101(a)(15)(D) and 221(f) of the Immigration and Nationality
Act, 8 U.S.C. 1101(a)(15)(D) and 1201(f), respectively. Section
101(a)(15)(D) exempts aliens serving in good faith as crewmen on board
a vessel (other than a fishing vessel having its home port or an
operating base in the United States, unless temporarily landing in
Guam), or aircraft from being deemed immigrants. Section 221(f) permits
an alien to enter the United States on the basis of a crew manifest
that has been visaed by a consular officer. However, the latter section
does not require a consular officer to visa a crew manifest and in
those cases where the consular officer does agree to do so, it
authorizes the officer to deny admission to any alien from the crew
list visa. Further, the use of the visaed crew list appears to have
been intended principally as a temporary or emergency measure to be
used only until such time as it becomes practicable to issue individual
documents to each member of a vessel's or aircraft's crew.
What Are the Requirements for Obtaining a Crew List Visa?
To obtain a crew list visa, the representative or agent of a
foreign vessel or aircraft must submit a master list of all crewmen
employed on the
[[Page 76712]]
vessel or aircraft along with whatever other information the consular
officer finds necessary to determine eligibility.
Applicants applying for crew list visas are not required to
complete the Forms DS-156, Nonimmigrant Visa Application, or DS-157,
Supplemental Nonimmigrant Visa Application or submit a passport, nor
are they required to undergo an interview.
Are Such Crewmen Subject to Background Checks?
While consular officers are required to conduct background checks,
including a check of the computerized name check system, for applicants
for crew list visas, background checks are not as reliable for crew
list applicants since it is not possible to verify with certainty that
the names submitted on the crew list are spelled correctly. In
addition, since crew list visa applicants ordinarily are not
interviewed, consular officers have no opportunity to question them
regarding such things as employment history or knowledge of their
trade.
Why Does the Department Want To Amend Its Regulations?
The Enhanced Border Security and Visa Entry Reform Act of 2002
(Pub. L. 107-173) requires that all visas issued after October 26, 2004
have a biometric indicator. This means crew list visas would
necessarily be eliminated by that date. Additionally, since September
11, the Department has been amending its regulations to ensure that
every effort is made to screen out undesirable aliens. The Department
is, therefore, amending its regulations to eliminate crew list visas
and ensure that each crewmember entering the United States will
complete the nonimmigrant visa application forms, submit a valid
passport and undergo an interview and background checks.
What Will Be the Economic Impact and the Impact on Manning of Vessels
and Aircraft if This Rule Goes Into Effect?
In terms of the actual cost of a visa, per crewman, in general the
cost of an individual visa will be no more than it is, per crewman, on
a crew list visa, and in most cases over a period of years will average
out to be less. For crew list visas each crewman already pays an
individual processing, i.e., machine-readable visa (MRV) fee of
$100.00. Although reciprocity fees are waived for individuals on a crew
list visa and are not for individual visas, that cost should be more
than offset in most cases by the fact that the crewman will be
receiving (depending upon reciprocity for each individual's country of
nationality) a multiple entry, long term visa instead of the one entry,
6 month crew list visa.
Nevertheless, in preliminary discussions with representatives of
the shipping industry, most comments about the economic impact of this
proposed rule have been associated with the difficulties and costs that
will be presented to the industry should issuance of individual visas
result in long and expensive delays waiting in port for visas to be
issued. These representatives say that tight and sometimes erratic
scheduling, and a constant shifting of crew members are features of the
industry that need to be taken into consideration in implementing a
requirement for individual visas. Therefore, the Department invites all
interested parties to comment specifically on the economic and manning
impacts of this rule, as proposed, and to suggest measures the
Department might consider when implementing the rule that would
minimize any negative impacts of this type.
How Does the Department Propose To Amend Its Regulations?
This rule proposes to remove the Department's regulations at 22 CFR
41.42 that establish the crew list visa. By doing so, all crewmembers
entering the United States would be required to apply for individual
crew visas.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is publishing this rule as a proposed rule with a
60-day provision for post-promulgation public comments.
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.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
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 export markets.
Executive Order 12866
The Department of State considers this rule to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. Therefore, it has been submitted for
review by the Office of Management and Budget.
Executive Order 13132
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 warrant the preparation of a
federalism summary impact statement.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports, Visas.
In view of the foregoing, 22 CFR Part 41 is amended as follows:
PART 41--[AMENDED]
1. The authority citation for Part 41 continues to read:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801.
Sec. 41.42 [Removed and Reserved]
Remove and reserve section 41.42.
Dated: December 2, 2002.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-31482 Filed 12-12-02; 8:45 am]
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