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STATE RIN: 1400-AD30 Publication ID: Fall 2016 
Title: Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended 

This rulemaking amends Department regulations to comply with a 2009 judicial decision, United Airlines, Inc. v. Brien, in which the U.S. Court of Appeals for the Second Circuit invalidated a 1999 Department of State rule that allowed individuals to travel without a passport and visa in cases of unforeseen emergencies. Since the court found that State did not promulgate the rule through joint action with the Department of Homeland Security (DHS) as required by law, State and DHS have consulted and are now acting jointly to publish parallel rules.

Agency: Department of State(STATE)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 22 CFR 41   
Legal Authority: 8 U.S.C. 1104    Pub. L. 105-277    8 U.S.C. 1185 note    588 F. 3d 158 (2d Cir 2009)   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/08/2016  81 FR 12050   
NPRM Comment Period End  05/09/2016 
Final Rule  12/00/2016 
Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lauren Boquin
Department of State
Bureau of Consular Affairs, Legislation & Regulations Division, 600 19th Street NW., 12th Floor,
Washington, DC 20006
Phone:202 485-7638