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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations good cause to dispense with the 30-day effective date requirement, given that this TFR is necessary to prevent serious risk to the health of consular officers, other embassy and consulate staff, immigrant visa applicants, and other customers due to COVID19.
B. Regulatory Flexibility Act/Executive Order 13272: Small Business The Regulatory Flexibility Act, 5
U.S.C. 601 et seq., requires agencies to perform an analysis of the potential impact of regulations on small business entities when regulations are subject to the notice and comment procedures of the APA. Because this TFR is exempt from notice and comment rulemaking requirements under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth by the Regulatory Flexibility Act 5 U.S.C. 603
and 604. Therefore, a regulatory flexibility analysis is not required.
Furthermore, this TFR will not have a significant economic impact on a substantial number of small business entities.

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C. Unfunded Mandates Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100
million or more by State, local, or Tribal governments, or by the private sector. 2
U.S.C. 1532. This TFR does not require the Department to prepare a statement because it will not result in any such expenditure, nor will it significantly or directly affect small governments, including State, local, or Tribal governments, or the private sector. This TFR involves visas for noncitizens, which are administered by federal agencies under federal law, and it does not directly or substantially affect State, local, or Tribal governments, or businesses.
D. Congressional Review Act of 1996
This TFR is not a major rule as defined in 5 U.S.C. 804. This TFR 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.
E. Executive Order 12866
The Department has reviewed this TFR to ensure its consistency with the regulatory philosophy and principles set
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forth in Executive Order 12866. The policy announced in this TFR will further national security by allowing consular officers to allocate scarce resources to cases that had not been previously adjudicated and issued, where personal appearances and interviews are relatively more beneficial. It will help protect from the spread of COVID19 embassy and consulate staff worldwide, visa applicants, and U.S. citizens or others seeking consular services who might otherwise come into proximity with immigrant visa applicants. It will also provide time and cost savings to those visa applicants who will not need to travel to a consular post to provide an in-person oath. It will not result in new costs. The Office of Management and Budget OMB has determined that this is a significant regulatory action under Executive Order 12866. As such, OMB
has reviewed this regulation accordingly.
F. Executive Order 13563

G. Executive Orders 12372 and 13132
Federalism This TFR 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. Nor will the TFR
have federalism implications relevant under Executive Orders 12372 and 13132.
H. 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.

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I. Executive Order 12988Civil Justice Reform The Department has reviewed the TFR in light of sections 3a and 3b2
of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.
J. Paperwork Reduction Act This TFR does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 42
Administrative practice and procedure, Aliens, Passports and visas.
For the reasons stated in the preamble, the Department amends 22
CFR part 42 as follows:
PART 42VISAS: DOCUMENTATION
OF IMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
1. The authority citation for part 42
continues to read as follows:

Along with Executive Order 12866, Executive Order 13563 directs 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, distributed impacts, and equity effects.
The Department has reviewed the TFR
under Executive Order 13563 and has determined that this rulemaking is consistent with the guidance therein.

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Authority: 8 U.S.C. 1104 and 1182; Pub. L.
105277, 112 Stat. 2681; Pub. L. 108449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at the Hague, May 29, 1993, S. Treaty Doc. 10551 1998, 1870 U.N.T.S. 167 Reg. No. 31922 1993;
42 U.S.C. 1490114954 Pub. L. 106279, 114
Stat. 825; 8 U.S.C. 1101 Pub. L. 111287, 124 Stat. 3058; 8 U.S.C. 1154 Pub. L. 109
162, 119 Stat. 2960; 8 U.S.C. 1201 Pub. L.
11470, 129 Stat. 561.

2. Effective December 13, 2021, through December 13, 2023, revise 42.62 to read as follows:

42.62 Personal appearance and interview of applicant.

a Personal appearance of applicant before consular officer. Every applicant applying for an immigrant visa other than an applicant described in paragraph c of this section, including an applicant whose application is executed by another person pursuant to 42.63a2, shall be required to appear personally before a consular officer for the execution of the application or, if in Taiwan, before a designated officer of the American Institute in Taiwan, except that the personal appearance of any child under the age of 14 may be waived at the officers discretion.
b Interview by consular officer. 1
Every applicant executing an immigrant visa application other than an applicant described in paragraph c of this section must be interviewed by a consular officer who shall determine on the basis of the applicants
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