[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Rules and Regulations]
[Page 2824-2836]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-9]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
8 CFR Parts 100, 212, 214, 215, 233, and 235
19 CFR Parts 4 and 122
[USCBP-2009-0001; CBP Dec. No. 09-02]
RIN 1651-AA77
Establishing U.S. Ports of Entry in the Commonwealth of the
Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa
Waiver Program
AGENCY: Customs and Border Protection, DHS.
ACTION: Interim final rule; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: Section 702 of the Consolidated Natural Resources Act of 2008
(CNRA) extends the immigration laws of the United States to the
Commonwealth of the Northern Mariana Islands (CNMI) and provides for a
visa waiver program for travel to Guam and the CNMI. This rule
implements section 702 of the CNRA by amending U.S. Customs and Border
Protection (CBP) regulations to replace the current Guam Visa Waiver
Program with a new Guam-CNMI Visa Waiver Program. Accordingly, this
interim final rule sets forth the requirements for nonimmigrant
visitors who seek admission for business or pleasure and solely for
entry into and stay on Guam or the CNMI without a visa for a period of
authorized stay of no longer than forty-five days. In addition, this
rule establishes six ports of entry in the CNMI in order to administer
and enforce the Guam-CNMI Visa Waiver Program and to allow for
immigration inspections in the CNMI, including arrival and departure
controls, under the Immigration and Nationality Act (INA).
DATES: Effective Date: This interim final rule is effective January 16,
2009.
Implementation Date: Beginning June 1, 2009, Customs and Border
Protection (CBP) will begin operation of this program and required
compliance with this interim final rule will begin. The existing Guam
Visa Waiver Program
[[Page 2825]]
remains in effect for travel to Guam until the start of the transition
period.
Comment Date: Comments must be received by March 17, 2009.
ADDRESSES: Please submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2009-0001.
Mail: Border Security Regulations Branch, Office of
International Trade, Customs and Border Protection, Mint Annex, 799 9th
Street, NW., Washington, DC 20001.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
Comments submitted will be available for public inspection in
accordance with the Freedom of Information Act (5 U.S.C. 552) and 19
CFR 103.11(b) on normal business days between the hours of 9 a.m. and
4:30 p.m. at the Border Security Regulations Branch, Office of
International Trade, Customs and Border Protection, 799 9th Street,
NW., 5th Floor, Washington, DC. Arrangements to inspect submitted
comments should be made in advance by calling Mr. Joseph Clark at (202)
325-0118.
FOR FURTHER INFORMATION CONTACT: Cheryl C. Peters, Office of Field
Operations, at (202) 344-1438.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Comments
II. Background and Purpose
A. Current Requirements for the Guam Visa Waiver Program
B. The Consolidated Natural Resources Act of 2008
III. Establishing the Guam-CNMI Visa Waiver Program
A. Program Countries
1. General Eligibility Criteria
2. ``Significant Economic Benefit'' Criteria
3. Determination of Country Eligibility
4. Suspension of Program Countries
B. Alien Eligibility Criteria
1. Requirements for Admission
2. Inadmissibility and Deportability
3. Bond Provision
4. Maintenance of Status
5. Applicability of Section 212 of the INA--Passport and Visa
Requirement
6. Applicability of Section 217 of the INA--Visa Waiver Program
IV. Conforming Changes and Amendments
A. Changes to CBP Form I-736 ``Guam Visa Waiver Information''
and to CBP Form I-760 ``Guam Visa Waiver Agreement''
B. Conforming Changes to Title 8 of the Code of Federal
Regulations
C. Conforming Changes to Title 19 of the Code of Federal
Regulations
V. Establishing Ports of Entry in the CNMI
VI. Effective Date
VII. Statutory and Regulatory Requirements
A. Administrative Procedure Act
B. Executive Order 12866
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132
F. Executive Order 12988
G. Paperwork Reduction Act
H. Privacy
List of Subjects
I. Public Comments
Interested persons are invited to submit written comments on all
aspects of this interim final rule. Customs and Border Protection (CBP)
also invites comments on the economic, environmental or federalism
effects of this rule. We urge commenters to reference a specific
portion of the rule, explain the reason for any recommended change, and
include data, information, or authorities that support such recommended
change.
II. Background and Purpose
This interim final rule establishes the Guam-Commonwealth of the
Northern Mariana Islands (CNMI) Visa Waiver Program as authorized under
section 702(b) of the Consolidated Natural Resources Act of 2008
(CNRA), Public Law 110-229, 122 Stat. 754, 860. As explained in more
detail below, this rule replaces the current Guam Visa Waiver Program
with a new Guam-CNMI Visa Waiver Program. Under this rule, CBP also is
establishing six ports of entry in the CNMI to enable DHS to administer
and enforce the Guam-CNMI Visa Waiver Program, and to allow for the
application of U.S. immigration laws in the CNMI as directed under
section 702 of the CNRA.
A. Current Requirements for the Guam Visa Waiver Program
Pursuant to section 212(l) of the Immigration and Nationality Act
(INA) and DHS regulations, aliens who are citizens of eligible
countries or geographic areas (hereinafter countries) may apply for
admission to Guam at a Guam port of entry as nonimmigrant visitors for
a period of fifteen days or less, for business or pleasure, without
first obtaining a nonimmigrant visa, provided that they are otherwise
eligible for admission under applicable statutory and regulatory
requirements.\1\ See 8 U.S.C. 1182(l) and 8 CFR 212.1(e). The alien
must be a citizen of a country that: (i) Has a visa refusal rate of
16.9% or less, or is a country whose visa refusal rate exceeds 16.9%
and has an established preinspection or preclearance program, pursuant
to a bilateral agreement with the United States; (ii) is within
geographical proximity to Guam unless the country has a substantial
volume of nonimmigrant admissions to Guam as determined by the
Commissioner of CBP and extends reciprocal privileges to citizens of
the United States; (iii) is not designated by the Department of State
as being of special humanitarian concern; and (iv) poses no threat to
the welfare, safety or security of the United States, its territories
or commonwealths. 8 CFR 212.1(e)(2). The existing regulations also
provide that any potential threats to the welfare, safety, or security
of the United States, its territories, or commonwealths will be dealt
with on a country by country basis, and a determination by the
Secretary that a threat exists will result in the immediate deletion of
the country from the listing of eligible countries.
---------------------------------------------------------------------------
\1\ Establishment of the Guam Visa Waiver Program was predicated
upon the Attorney General, in consultation with the Secretary of
State and the Secretary of the Interior, and after consultation with
the Governor of Guam, making a joint determination that: (i) An
adequate arrival and departure control system has been developed on
Guam, and (ii) such a waiver does not represent a threat to the
welfare, safety, or security of the United States or its territories
and commonwealths. See section 212(l) of the INA, 8 U.S.C. 1182(l).
---------------------------------------------------------------------------
Currently, the determination as to which countries may participate
in the Guam Visa Waiver Program is based on the countries' geographical
proximity to Guam on the premise that they maintain a traditional
interchange with Guam. Countries that are not in geographic proximity
to Guam may be included if they have a substantial volume of
nonimmigrant admissions to Guam and extend reciprocal privileges to
citizens of the United States. The following countries meet these
eligibility requirements and are currently members of the Guam Visa
Waiver Program: Australia, Brunei, Indonesia, Japan, Malaysia, Nauru,
New Zealand, Papua New Guinea, Republic of Korea, Singapore, Solomon
Islands, Taiwan (residents who begin travel in Taiwan and fly to Guam
without an intermediate layover or stop en route), the United Kingdom
(including citizens of Hong Kong), Vanuatu, and Western Samoa. See 8
CFR 212.1(e)(3)(i).
An alien from one of these eligible countries currently may be
admitted into Guam under the Guam Visa Waiver
[[Page 2826]]
Program if the alien: (i) Is classifiable as a visitor for business or
pleasure; (ii) is solely entering and staying on Guam for a period not
to exceed fifteen days; (iii) is in possession of a round-trip
nonrefundable and nontransferable transportation ticket bearing a
confirmed departure date not exceeding fifteen days from the date of
admission to Guam; (iv) is in possession of a completed and signed Guam
Visa Waiver Information Form (CBP Form I-736); (v) waives any right to
review or appeal under the INA of an immigration officer's
determination as to the admissibility of the alien at the port of entry
into Guam; and (vi) waives any right to contest other than on the basis
of an application for asylum, any action for deportation of the alien.
See 8 CFR 212.1(e)(1).
B. The Consolidated Natural Resources Act of 2008
On May 8, 2008, the President signed into law the Consolidated
Natural Resources Act of 2008 (CNRA), Public Law 110-229, 122 Stat.
754. Section 702(a) of the CNRA extends U.S. immigration laws to the
CNMI and authorizes DHS to create a Guam-CNMI Visa Waiver Program. See
sections 212 and 214 of the INA, 8 U.S.C. 1182 and 1184.
This interim final rule establishes the Guam-CNMI Visa Waiver
Program and sets forth the requirements for nonimmigrant visitors
seeking admission into Guam or the CNMI under the Guam-CNMI Visa Waiver
Program. These amendments ensure that the regulations conform to
current border security needs and facilitate CBP's dual core missions
of protecting our nation's borders and fostering legitimate
international travel.
Section 702(b) of the CNRA requires the Secretary of Homeland
Security to consult with the Secretary of State and the Secretary of
the Interior, the Governor of Guam and the Governor of the CNMI in the
development of these regulations. Accordingly, representatives of DHS,
including CBP, during a July 10-16, 2008 visit to Guam and the CNMI,
met with officials of the Guam Government, the CNMI Government and
representatives of the Marianas Visitors Authority, the Guam Visitors
Bureau, the Hotel Association of the Northern Mariana Islands, and the
Saipan Chamber of Commerce. At the request of the Governor of Guam, DHS
officials met with Governor Camacho, his staff, and members of the Guam
Visitor's Bureau on September 15, 2008, in Washington, DC.
Representatives of DHS also met on November 21, 2008 with Delegate-
elect Gregorio ``Kilili'' Sablan, the first Delegate from the CNMI to
the U.S. House of Representatives, as well as with members of the Hotel
Association of the Northern Mariana Islands (HANMI) on December 5,
2008. Additionally, interagency meetings were held on September 9,
October 21, 2008 and December 5, 2008, between DHS, the Department of
State, and the Department of the Interior, among others, in order to
come to an agreement over the implementation of the Guam-CNMI Visa
Waiver Program.
III. Establishing the Guam-CNMI Visa Waiver Program
The following are the eligibility criteria for countries and
aliens.
A. Program Countries
1. General Eligibility Criteria
The country eligibility requirements established in this rulemaking
under the Guam-CNMI Visa Waiver Program differ from those under the
Guam Visa Waiver Program. The new requirements take into account the
provisions and purposes of the CNRA and ensure that the regulations
conform to current border security needs. In determining the criteria
for making country eligibility determinations for the Guam-CNMI Visa
Waiver Program, DHS considered a variety of factors to ensure that the
new Guam-CNMI Visa Waiver Program reflected Congress's stated purposes
of the CRNA to, among others: (1) Ensure effective border control
procedures; (2) properly address national security and homeland
security concerns in extending U.S. immigration law to the CNMI; and
(3) maximize the CNMI's potential for future economic and business
growth. See section 701(a)(1).
Section 702 of the CRNA provides that ``[i]n determining whether to
grant or continue providing the waiver under this subsection to
nationals of any country, the Secretary of Homeland Security, in
consultation with the Secretary of the Interior and the Secretary of
State, shall consider all factors that the Secretary deems relevant,
including electronic travel authorizations, procedures for reporting
lost and stolen passports, repatriation of aliens, rates of refusal for
nonimmigrant visitor visas, overstays, exit systems, and information
exchange.'' In determining country eligibility for participation in the
Guam-CNMI Visa Waiver Program under this rule, the Secretary of
Homeland Security found relevant, and thus considered, each of these
enumerated factors.
This rulemaking also provides for these new eligibility conditions
to ensure the safety, security, and welfare of the United States. Under
these new requirements a country's nationals may not participate in the
Guam-CNMI Visa Waiver Program if: (1) The country poses a threat to the
welfare, safety or security of the United States, its territories or
commonwealths; (2) the country is designated by the Department of State
as being of special humanitarian concern; or (3) if the country does
not accept for repatriation any citizen, former citizen, or national
admitted into Guam or the CNMI under the Guam-CNMI Visa Waiver Program
within three weeks after issuance of a final order of removal.
2. ``Significant Economic Benefit'' Criteria
Section 702(b) of the CNRA requires the Secretary to include in the
list of participating countries, a list of those countries from which
the CNMI has received a ``significant economic benefit'' from the
number of visitors for pleasure within the one-year period preceding
the date of enactment of the CNRA. However, if the Secretary determines
that such a country's inclusion represents a threat to the welfare,
safety, or security of the United States, or determines that such
country is not eligible based on other factors the Secretary deems
relevant, then that country will not qualify as an eligible country.
DHS has determined that, during the relevant timeframe, visitors
for pleasure from the People's Republic of China (PRC) and the Russian
Federation (Russia) provided a significant economic benefit to the
CNMI. This determination is based on the economic analysis below and
takes into account the total on-island spending of these visitors on a
per country basis, calculated by the Marianas Visitors Authority.
During the period of May 2007 through April 2008, DHS calculated
visitor arrivals to the CNMI by country of residence. PRC nationals
represented ten percent of visitor arrivals and Russian nationals
represented one percent of visitor arrivals. The total on-island
spending by PRC nationals was $38 million and for Russian nationals was
$20 million. Per person on-island spending was equal to $967 for PRC
nationals and $4,323 for Russian nationals.
At this time, however, due to political, security, and law
enforcement concerns, including high nonimmigrant visa refusal rates
and concerns with cooperation regarding the repatriation of citizens,
subjects, nationals and residents of the country subject to a final
order of removal, nationals of the
[[Page 2827]]
PRC and Russia are not eligible to participate in the Guam-CNMI Visa
Waiver Program when the program is implemented.
After additional layered security measures, which may include, but
are not limited to, electronic travel authorization to screen and
approve potential visitors prior to arrival in Guam and the CNMI, and
other border security infrastructure, DHS will make a determination as
to whether nationals of the PRC and Russia can participate in the Guam-
CNMI Visa Waiver Program. In making such a determination, DHS will
consider the welfare, safety, and security of the United States and its
territories, as well as other considerations deemed relevant by the
Secretary.
If DHS determines that nationals from the PRC and/or Russia may
participate in the Guam-CNMI Visa Program, DHS will amend the
regulations as necessary.
3. Determination of Country Eligibility
This rulemaking includes a listing of all countries that have been
determined to be eligible to participate in the Guam-CNMI Visa Waiver
Program, and whose nationals may apply for admission into Guam or the
CNMI under the Guam-CNMI Visa Waiver Program. The new Guam-CNMI Visa
Waiver Program list includes all of the countries that were included in
the Guam Visa Waiver Program, except for Indonesia, the Solomon
Islands, Vanuatu, and Western Samoa. The Solomon Islands are not
included on the list of eligible countries for the Guam-CNMI Visa
Waiver Program in consideration of ongoing civil and political
instability. Indonesia, Vanuatu, and Western Samoa are not included on
the list of eligible countries due to very high rates of refusal for
nonimmigrant visitor visas. In addition, these four countries do not
provide a ``significant economic benefit'' to the CNMI. Therefore, DHS
does not find their removal from the program country list, based on
such factors as ongoing civil and political instability, or high
nonimmigrant visa refusal rates, to outweigh any existing economic
benefits from their past inclusion under the Guam Visa Waiver Program.
The following countries are designated for participation in the Guam-
CNMI Visa Waiver Program: Australia, Brunei, Hong Kong (Hong Kong
Special Administrative Region (SAR) passport and Hong Kong
identification card is required), Japan, Malaysia, Nauru, New Zealand,
Papua New Guinea, Republic of Korea, Singapore, Taiwan, and the United
Kingdom.
4. Suspension of Program Countries
This rule also incorporates the provisions in the CNRA regarding
the suspension of countries from the Guam-CNMI Visa Waiver Program.
Section 702(b) of the CNRA requires the Secretary to monitor the
admission of nonimmigrant visitors to Guam and the CNMI, and to suspend
the admission of nationals from a country if the Secretary determines
that admissions from that country have resulted in an unacceptable
number of overstays, unlawful entry into other parts of the United
States, or visitors seeking withholding of removal or seeking asylum.
The CNRA also requires the Secretary to suspend admissions from a
country if the Secretary determines that visitors from that country
pose a risk to the law enforcement or security interests of Guam, the
CNMI, or the United States, including the interest in the enforcement
of U.S. immigration laws. Any designated country that fails to meet the
country eligibility criteria under new Sec. 212.1(q) shall be removed
for good cause. In determining whether to continue to grant the waiver,
consistent with the statutory factors listed in section 702(b) of the
CNRA, designated countries must, within three weeks after the issuance
of a final order of removal, accept for repatriation any citizen,
former citizen or national admitted into Guam or the CNMI under this
program. Failure to accept for repatriation may result in suspension of
that country from the program. The CNRA also provides that the
Secretary may suspend the Guam-CNMI Visa Waiver Program on a country-
by-country basis for other good cause.
B. Alien Eligibility Criteria
1. Requirements for Admission
The CNRA authorizes the Secretary to allow an alien to enter Guam
or the CNMI as a nonimmigrant visitor for business or pleasure for a
period not to exceed forty-five days after the Secretary of Homeland
Security, in consultation with the Secretaries of State and the
Interior and the Governors of Guam, and the CNMI determines that: (i)
Adequate arrival and departure control systems have been developed in
Guam and the CNMI, and (ii) such a waiver does not represent a threat
to the welfare, safety, or security of the United States or its
territories and commonwealths.
In addition to the requirements that aliens currently seeking
admission to Guam under the current Guam Visa Waiver program must meet,
DHS is adding three new admission requirements. Under this interim
final rule, to be considered eligible for admission into Guam or the
CNMI under the Guam-CNMI Visa Waiver Program, nonimmigrant aliens must
also: (i) Be in possession of a valid unexpired passport that meets the
standards of the International Civil Aviation Organization (ICAO) for
machine readability and which is issued by a country that meets the
eligibility requirements as determined by the Secretary; (ii) have not
previously violated the terms of any prior admissions to the United
States under the Guam-CNMI Visa Waiver Program, the prior Guam Visa
Waiver Program, or the Visa Waiver Program as described in section
217(a) of the Act and admissions pursuant to any immigrant or
nonimmigrant visa; and (iii) present a valid completed and signed CBP
Form I-94, known as the Arrival-Departure Record Form (Form I-94).
Although not specifically required under the Guam Visa Waiver
Program regulations, pursuant to operational practices, nonimmigrant
visitors currently must present a valid completed and signed CBP Form
I-94 to enter Guam under the Guam Visa Waiver Program. This rulemaking
explicitly requires completion of an I-94 to enter Guam and the CNMI
under the Guam-CNMI Visa Waiver Program.
Additionally, consistent with existing Guam Visa Waiver Program
regulations, an alien will not be admitted under the Guam-CNMI Visa
Waiver Program unless the alien (i) has waived any right to review or
appeal under the INA of an immigration officer's determination as to
the admissibility of the alien and (ii) has waived any right to contest
any action for removal of the alien, other than on the basis of an
application for withholding of removal under section 241(b)(3) of the
INA, 8 U.S.C. 1231(b)(3), or withholding or deferral of removal under
the regulations implementing Article 3 of the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, or an application for asylum if permitted under section 208
of the INA, 8 U.S.C. 1158.
2. Inadmissibility and Deportability
This rule provides DHS with the authority to remove aliens and to
make determinations as to admissibility and deportability under 8 CFR
212.1(q)(8). CBP may remove an alien seeking admission under the Guam-
CNMI Visa Waiver Program upon a determination that the alien is
inadmissible to Guam or the CNMI under one or more of the grounds of
inadmissibility (other than for lack of visa) listed under section 212
of the INA. See 8 U.S.C. 1182. This rule
[[Page 2828]]
also provides that an immigration officer may remove a Guam-CNMI Visa
Waiver Program applicant who presents fraudulent or counterfeit travel
documents. Likewise, DHS will have the authority to remove an alien
admitted under the Guam-CNMI Visa Waiver Program who has violated his/
her status under one or more grounds of deportability as listed under
section 237 of the INA. See 8 U.S.C. 1227. Accordingly, aliens who have
been determined to be inadmissible or deportable will not be referred
to an immigration judge for further inquiry, examination or hearing,
except that an alien admitted to Guam under the Guam-CNMI Visa Waiver
Program, who applies for asylum or withholding of removal under section
241(b(3) of the INA or withholding or deferral of removal under the
regulations implementing Article 3 of the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment must be issued a Form I-863 for a proceeding in accordance
with 8 CFR 208.2(c)(1) and (2).
The CNRA provides that, during the transition period, section 208
of the INA, 8 U.S.C. 1158, which provides for asylum, does not apply to
aliens physically present in the CNMI. See Public Law 110-229, 122
Stat. 754, section 702(a). Therefore, prior to January 1, 2015, an
alien who is physically present in the CNMI under the Guam-CNMI Visa
Waiver Program may not apply for asylum and an immigration judge will
not have jurisdiction over asylum applications filed by an alien
physically present in the CNMI under the Guam-CNMI Visa Waiver Program.
Aliens physically present in the CNMI during the transition period who
express a fear of persecution or torture only may establish eligibility
for withholding of removal pursuant to INA 241(b)(3) or pursuant to the
regulations implementing Article 3 of the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
This rule amends 8 CFR 214.1, regarding ineligibility for
extensions of stay to add a limitation regarding extensions of stay for
any Guam-CNMI Visa Waiver Program nonimmigrants. Currently,
nonimmigrants who were admitted into the United States as visitors for
business or pleasure pursuant to the Visa Waiver Program (section 217
of the INA) are ineligible for an extension of stay. This amendment
will provide that nonimmigrants admitted pursuant to the Guam-CNMI Visa
Waiver Program are ineligible for an extension of stay. Additional
technical changes to 8 CFR 233.5 to include references to the CNMI also
are made where appropriate.
3. Bond Provision
Section 702(b) of the CNRA also requires that the regulations
include any bonding requirements for nationals of some or all of those
countries who may present an increased risk of overstaying their period
of authorized stay or other potential problems. See section 702(b).
This rule implements this new bonding provision in new section
212.1(q), which provides that the Secretary may require a bond on
behalf of an alien seeking admission under the Guam-CNMI Visa Waiver
Program when the Secretary deems it appropriate.
4. Maintenance of Status
This rule includes a provision allowing an alien admitted to Guam
or the CNMI under the Guam-CNMI Visa Waiver Program to seek a period of
satisfactory departure. Under this rule, CBP and U.S. Citizenship and
Immigration Services (USCIS) have the discretion to grant a period of
satisfactory departure to an alien admitted under the Guam-CNMI Visa
Waiver Program in the event of an emergency. Under new Sec.
212.1(q)(7), this rule provides that if an alien admitted under the
Guam-CNMI Visa Waiver Program is prevented from departing within the
period of his or her authorized stay due to an emergency, CBP or USCIS
may grant satisfactory departure to permit the alien to delay departing
Guam or the CNMI for a period not to exceed fifteen days. If the alien
departs within the extended time period, the alien will be regarded as
having departed within the required time period and will not be
considered as having overstayed his period of authorized stay.
5. Applicability of Section 212 of the INA--Passport and Visa
Requirement
Another result of applying the U.S. immigration laws to the CNMI,
is that, pursuant to section 212 of the INA, 8 U.S.C. 1182,
nonimmigrant visitors who seek admission to the CNMI must possess a
valid passport and a valid visa, unless they are applying for entry
under a visa waiver program. This means that nonimmigrant visitors who
are not eligible for either the Visa Waiver Program under 8 CFR part
217 (VWP) or the Guam-CNMI Visa Waiver Program must possess a valid
passport and must obtain a visa from a U.S. Embassy or Consulate. They
will no longer be able to visit the CNMI using the CNMI Visitor Entry
Permit.\2\
---------------------------------------------------------------------------
\2\ Nonimmigrant visitors who seek admission to Guam already
must possess a valid passport and a valid visa, or a valid passport
(and no visa) if they are applying for entry under a visa waiver
program. This will not change under this interim final rule.
---------------------------------------------------------------------------
6. Applicability of Section 217 of the INA--Visa Waiver Program
The CNRA extends the immigration laws of the United States to the
CNMI. Thus, the admission of aliens to the CNMI is governed by the
provisions of the INA. As indicated above, this rule amends 8 CFR 215.1
to add the CNMI to the definition of the United States to ensure that
the INA applies to the CNMI.
Section 217 of the INA, 8 U.S.C. 1187, establishes the VWP. Under
the VWP, nationals of designated countries can apply for admission to
the United States at ports of entry for business or pleasure for up to
90 days without first obtaining a nonimmigrant visa. The regulations
implementing the VWP are at 8 CFR part 217. Under this interim final
rule, both the VWP and the Guam-CNMI Visa Waiver Program will be in
operation in the CNMI. Thus, nonimmigrant visitors may be able to apply
for admission to the CNMI under one or both programs, depending on the
eligibility status of the nonimmigrant visitors' country of nationality
or citizenship. The permitted length of stay will depend on whether the
nonimmigrant visitors are admitted under the VWP (up to 90 days) or
under the Guam-CNMI Visa Waiver Program (up to 45 days).\3\
---------------------------------------------------------------------------
\3\ The immigration laws of the United States already apply to
Guam. Thus, nonimmigrant visitors from designated countries already
can apply for admission to Guam under the VWP under section 217 of
the INA or the Guam Visa Waiver Program under section 212(1) of the
INA. Under this interim final rule, visitors from participating
countries will be able to apply for admission to Guam or the CNMI
under the VWP or the Guam-CNMI Visa Waiver Program. The permitted
length of stay depends on whether they are admitted under the VWP
(up to 90 days) or under the Guam-CNMI Visa Waiver Program (up to 45
days).
---------------------------------------------------------------------------
IV. Conforming Changes and Amendments
A. Changes to CBP Form I-736 ``Guam Visa Waiver Information'' and to
CBP Form I-760 ``Guam Visa Waiver Agreement''
Under the current Guam Visa Waiver Program, an alien seeking
admission must present a completed CBP Form I-736 ``Guam Visa Waiver
Information'' (I-736) in order to be admitted into Guam without a visa.
The alien must also present a completed and signed CBP Form I-94/
Arrival-Departure Record Form (I-94). The I-736 will be revised so that
it will be entitled:
[[Page 2829]]
``Guam-CNMI Visa Waiver Information Form.'' Additionally, the portion
of the form allowing for a maximum stay of 15 days visit will be
changed to allow for a maximum stay of 45 days. The amended forms will
not be available until after the effective date of the regulation, and
not required until the start of the transition period, currently June
1, 2009.
Currently, transportation lines transporting nonimmigrant visitors
under the Guam Visa Waiver Program into Guam from foreign territories
must enter into a contract with CBP by executing CBP Form I-760 ``Guam
Visa Waiver Agreement'' (I-760). Form I-760 will be revised so that it
will be titled ``Guam-CNMI Visa Waiver Agreement'' and references to
the CNMI will be inserted, where appropriate.\4\ A conforming change
that adds a new provision at 8 CFR 233.6 has been made to include
transportation lines bringing aliens to the CNMI in addition to Guam.
---------------------------------------------------------------------------
\4\ The current provisions of the Guam Visa Waiver Program set
forth in 8 CFR 212.1(e) will apply to nonimmigrant visitors seeking
admission to Guam under the Guam Visa Waiver Program until the start
of the transition period--currently June 1, 2009, when the new Guam-
CNMI Visa Waiver Program is implemented. The current CBP Forms I-736
and I-60 are to be used for purposes of the Guam Visa Waiver Program
through this date.
---------------------------------------------------------------------------
B. Conforming Changes to Title 8 of the Code of Federal Regulations
Part 215 of title 8 of the CFR describes the procedures concerning
aliens who depart from the United States. Section 215.1 sets forth the
definitions for 8 CFR Part 215. This rule amends 8 CFR 215.1 to add the
CNMI to the definition of the United States to ensure that the INA
applies to the CNMI beginning June 1, 2009.
To conform the amendments to existing laws, this rule deletes both
``Canal Zone'' and ``Trust Territory of the Pacific'' from the
definitions of the United States, under 8 CFR 215.1, paragraphs (e),
(g), and (j).
This rule also makes a conforming change in paragraph (e) of Sec.
212.1 by adding the phrase ``Until June 1, 2009,'' to the beginning of
the first sentence. This change will allow the existing Guam Visa
Waiver Program to continue until the Guam -CNMI Visa Waiver program
takes effect on the transition date.
The deletion of ``the Canal Zone'' from 8 CFR 215.1 is being made
to reflect that the United States no longer has control over the Canal
Zone, pursuant to the Panama Canal Zone Act of 1979, Public Law 96-70.
Similarly, the term ``Trust Territory of the Pacific Islands'' is being
removed from 8 CFR 215.1 to update the regulations to reflect current
law.\5\
---------------------------------------------------------------------------
\5\ The ``Trust Territory of the Pacific Islands'' (TTPI) is no
longer in existence. On November 3, 1986, President Reagan announced
by Proclamation that the TTPI agreement between the CNMI and the
United States was terminated after the Trusteeship Council of the
United Nations concluded that the United States satisfactorily
discharged its obligations under the agreement. See Proclamation No.
5564, 51 FR 40399 (November 7, 1986). As announced by President
Reagan's Proclamation, the United States fully established its
agreement with CNMI. This agreement is entitled ``Covenant to
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States,'' Public Law 99-239, 48
U.S.C. 1801. With regard to the CNMI, the CNMI then became a self-
governing Commonwealth in political union with and under the
sovereignty of the United States. Therefore, DHS is deleting the
term ``Trust Territory of the Pacific Islands'' to conform the
regulations to existing law.
---------------------------------------------------------------------------
C. Conforming Changes to Title 19 of the Code of Federal Regulations
This rule amends 19 CFR 4.7b(a) and 122.49a(a) to add the CNMI to
the definition of the term ``United States'' for purposes of the filing
of electronic passenger and crew arrival manifests prior to the arrival
of vessels and aircraft in the United States.
V. Establishing Ports of Entry in the CNMI
Currently, CBP does not have a presence in the CNMI. In order to
implement section 702 of the CNRA, CBP must establish operations in the
CNMI to allow for immigration inspections, including arrival and
departure controls, under the INA. Such operational controls are also
necessary to establish the Guam-CNMI Visa Waiver Program. Therefore,
the Secretary is designating six ports of entry in the CNMI for
immigration purposes only. The CNMI will continue to enforce and
administer its own customs and agriculture laws. This rule amends 8 CFR
part 100 to establish Ports-of-Entry, as defined in 8 CFR 100.4(c), to
provide air and sea ports in close proximity to the CNMI facilities on
the islands of Saipan, Tinian, and Rota.\6\
---------------------------------------------------------------------------
\6\ Because the INA already applies to Guam and ports of entry
have already been established in Guam to administer and enforce the
INA, no amendments to 8 CFR part 100 are needed with respect to
Guam. Guam will continue to administer its own customs laws.
---------------------------------------------------------------------------
VI. Effective Date
These regulations will be effective January 16, 2009. Beginning
June 1, 2009, unless the start of the transition period is delayed,
U.S. immigration law applies to the CNMI and the Guam-CNMI Visa Waiver
Program will be implemented. The immediate effective date of this rule
allows nationals from the designated participating countries to prepare
for their travel to either Guam or the CNMI under the program. In
addition, CBP will have the necessary time to establish ports of entry
in the CNMI and to set up the necessary infrastructure to implement the
Guam-CNMI Visa Waiver Program and enforce U.S. immigration laws.
Beginning June 1, 2009, DHS will begin operating ports-of-entry in the
CNMI for immigration inspection of arriving aliens and establish
departure control for certain flights leaving the CNMI. In addition, on
that date, DHS will begin the administration and enforcement of the
Guam-CNMI Visa Waiver Program.
The date of June 1, 2009, may be delayed by the Secretary of
Homeland Security, in consultation with the Secretary of the Interior,
the Secretary of Labor, the Secretary of State, the Attorney General,
and the Governor of the Commonwealth of the CNMI, for up to 180 days if
the date for application of the immigration laws to the CNMI is delayed
pursuant to section 702(b) of the CNRA. Any delay in the implementation
date of the Guam-CNMI Visa Waiver Program will be published in the
Federal Register. Prior to the start of the transition period,
currently June 1, 2009, the current requirements pertaining to the Guam
Visa Waiver Program will apply to nonimmigrant visitors seeking
admission into Guam. Additionally, section 702(b) directs that the
promulgation of the regulations shall be considered a foreign affairs
function for purposes of the notice and comment and 30-day delayed
effective date requirements under the Administrative Procedure Act. See
5 U.S.C. 553(a).
VII. Statutory and Regulatory Requirements
A. Administrative Procedure Act
Section 702(b) of CNRA directs that all regulations necessary to
implement the Guam-CNMI Visa Waiver Program shall be considered a
foreign affairs function for purposes of section 553(a) of the
Administrative Procedure Act (APA). Accordingly, this interim final
rule is exempt from the notice and comment and 30-day effective date
requirements of the APA. Although DHS is not required to provide prior
public notice or an opportunity to comment, DHS is nevertheless
providing the opportunity for public comments. In accordance with
section 702(a) of the CNRA, this rule is effective January 16, 2009.
Implementation and compliance with this interim final rule will begin
on the date that begins the transition period, which is currently June
1, 2009.
[[Page 2830]]
B. Executive Order 12866
This interim final rule is not a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review, due to the foreign affairs exemption described above.
Accordingly, the Office of Management and Budget has not reviewed this
regulation under that Executive Order.
DHS has, however prepared an economic analysis of the potential
impacts of this interim final rule. A summary of the analysis is
presented below. The complete details of the analysis can be found in
the Economic Analysis in the public docket for this rule.
The most significant change for admission to the CNMI as a result
of the rule will be for visitors from those countries who are not
included in either the existing Visa Waiver Program under 8 CFR part
217 or the Guam-CNMI Visa Waiver Program established by the rule. These
visitors must apply for U.S. visas, which require in-person interviews
at U.S. embassies or consulates and higher fees than the CNMI currently
assesses for its visitor entry permits. For admission to Guam, the
primary change will be the extension of the maximum allowable period of
stay from fifteen days to forty-five days for visitors of countries
included in the Guam-CNMI Visa Waiver Program and the opportunity for
visitors admitted under the Guam-CNMI Visa Waiver Program to travel
between Guam and the CNMI without the requirement to obtain a visa or a
visitor entry permit.
In this analysis, we estimate the incremental costs associated with
the interim final rule. Specifically, we assess and estimate the
potential impact of implementing the Guam-CNMI Visa Waiver Program on
the economies of the CNMI and Guam, with particular focus on their
tourism sectors. While tourism impacts are ``indirect'' effects of the
rule (where the impacts to visitors are the ``direct'' effect because
visitors are directly regulated), we consider these impacts because
tourism represents a major component of the economies of both the CNMI
and Guam.
We anticipate that the CNMI will experience most of the economic
impact of this rule because the rule federalizes the entry and exit
procedures for nonimmigrant visitors to the CNMI. We first estimate the
changes in the travel demand of nonimmigrant visitors to the CNMI
(i.e., the reduction in visitors due to implementation of the Guam-CNMI
Visa Waiver Program) had the Guam-CNMI Visa Waiver Program been
implemented in our baseline year of analysis (May 2007 to April 2008).
We then estimate the associated changes in the total amount of visitor
spending in the CNMI. Next, we estimate the associated changes in net
economic output, income, and employment in the CNMI. Finally, we
project these economic impacts to each year of our five-year analysis
period (May 2009 through April 2014) and calculate the present value of
these cost impacts.
For Guam, we do not anticipate that the interim final rule will
significantly affect its economy because the Guam-CNMI Visa Waiver
Program only modifies the existing Guam visa waiver program by
extending the allowable duration of stay from fifteen days to forty-
five days. Thus, we qualitatively assess two of the three issues that
may arise as a result of implementing the Guam-CNMI Visa Waiver
Program, namely: (1) The impact of extending the allowable period of
stay from fifteen days to forty-five days on visitor behavior,
spending, and the Guam economy in general; (2) the impact of adding the
CNMI to the existing Guam Visa Waiver Program on visitor decisions to
visit the CNMI instead of or in addition to Guam; and (3) the impact of
excluding Indonesia, the Solomon Islands, Vanuatu, and Western Samoa in
the list of program-eligible countries (these four countries currently
are participating countries in the Guam Visa Waiver Program).
Because of limitations in the data, we cannot reliably predict and
quantify what percentages of visitors to Guam would elect to stay in
Guam longer than fifteen days, by how many additional days, and the
resulting impact on Guam's economy. On-island tourist expenditures in
Guam are quite substantial, and additional days of stay on the island
would have a positive impact on Guam's economy. Conversely, adding the
CNMI to the existing Guam Visa Waiver Program to establish the Guam-
CNMI Visa Waiver Program could divert visitor travel away from Guam to
the CNMI. Under the interim final rule, nationals from those countries
included in the Guam-CNMI Visa Waiver Program, which includes all the
countries currently included in the Guam Visa Waiver Program, may now
enter the CNMI without having to apply for and obtain a CNMI visitor
entry permit. Such a change may increase the potential for visitors
from these countries to travel to the CNMI instead of or in addition to
Guam. The Guam-CNMI Visa Waiver Program will facilitate travel between
Guam and the CNMI, and packaged tours of both islands may appeal to
some tourists, especially visitors that have already visited Guam.
However, we do not have sufficient data to reliably predict and
quantify the extent to which visitors from countries included in the
Guam-CNMI Visa Waiver Program would elect to spend part or all of a
planned visit in the CNMI instead of, or in addition to, Guam and how
this change would affect the Guam economy.
Finally, we present the costs CBP expects to incur to develop and
administer the Guam-CNMI Visa Waiver Program.
Impacts to the CNMI
The two largest foreign markets for visitors to the CNMI in the
baseline year of our analysis (May 2007 to April 2008) are Japan and
the Republic of Korea. Because this rule does not change the baseline
conditions for Japanese visitors and will ease requirements for Korean
visitors, we do not estimate any significant changes in visitation
levels for these two countries.
To estimate the impacts on tourism from other affected countries,
we use an ``elasticity of demand'' for long-haul international leisure
trips available from the published literature to compare the change in
cost (both in out-of-pocket expenses as well as the value of time
burden) that obtaining a visa represents to the trip cost to the CNMI.
In this analysis, we estimate out-of-pocket expenses of $187 (including
the fee, photos, travel costs, and other miscellaneous expenses) plus
an average time of five hours to obtain the visa (including completing
the necessary Department of State forms and having an interview at a
U.S. embassy). Applying a demand elasticity of -1.04, we find that if
the rule had been in effect in the baseline year of analysis (May 2007
to April 2008) the potential impact of this regulation would have been
a reduction of approximately 5,017 tourist arrivals from the PRC, 194
tourist arrivals from Russia, and 618 tourist arrivals from the
Philippines to the CNMI. We estimate that a strong majority of
travelers from these countries would continue traveling to the CNMI
even with the implementation of the rule. These visitors represent the
three largest tourist markets that primarily will be affected by the
rule because they are not included on the list of eligible countries
for the Guam-CNMI Visa Waiver Program and, therefore, will now be
required to obtain U.S. visas to visit the CNMI (previously PRC and
Russia, but not the Philippines, were eligible for admission to the
CNMI under its visitor entry permit program).
Based on visitor spending data provided by the Marianas Visitors
[[Page 2831]]
Authority, we estimate that the associated reductions in spending would
have been $4.9 million from the Chinese, $0.8 million from the
Russians, and $0.5 million from the Filipinos. In sum, the total
visitor spending in the CNMI could potentially have declined by $6.2
million, or 2.0 percent of the $317 million in total visitor spending.
Using economic multiplier data available from the published literature,
we estimate that the potential reduction in visitor spending of $6.2
million leads to a reduction of between $8.3 million and $12.5 million
in economic output, $2.1 million and $2.4 million in income, and
between 131 and 162 jobs in the CNMI.
Applying these baseline year estimates to our five-year period of
analysis (2009 to 2014), assuming no growth in the number of visitors
or the amounts they spend in the CNMI, results in a total present value
estimate of $29.2 million (3 percent discount rate) and $27.1 million
(7 percent discount rate) in lost CNMI visitor spending. We estimate
that the total present value losses in CNMI economic output and income
are between $36.4 million and $59.1 million, and $9.4 million and $11.4
million, respectively, depending on the discount rate applied. Tables 1
and 2 summarize the results of our analysis.
Table 1--Impacts to Visitors, CNMI Economic Analysis, $2008
----------------------------------------------------------------------------------------------------------------
Annual lost
Potential No. CNMI visitor Estimated
Country of lost spending total on- % of on-island
visitors (undiscounted) island spending lost
annually ($M) spending ($M)
----------------------------------------------------------------------------------------------------------------
Japan........................................... 0 $0.0 $162 0.0
Korea........................................... 0 0.0 65 0.0
China........................................... 5,017 4.9 38 12.9
Russia.......................................... 194 0.8 20 4.2
Philippines..................................... 618 0.5 3 18.3
Others.......................................... 0 0.0 29 0.0
---------------------------------------------------------------
Total....................................... 5,829 6.2 317 2.0
----------------------------------------------------------------------------------------------------------------
Table 2--Summary of Economic Impacts, CNMI Economic Analysis
----------------------------------------------------------------------------------------------------------------
Lost CNMI
visitor Estimated lost CNMI Estimated lost CNMI income
spending ($M) economic output ($M) ($M)
----------------------------------------------------------------------------------------------------------------
Total, May 2007-Apr 2008 (undiscounted). $6.2 $8.3 to $12.5............. $2.1 to $2.4.
Total (2009-2014), 3% discount rate..... 29.2 39.1 to 59.1.............. 10.1 to 11.4.
Total (2009-2014), 7% discount rate..... 27.1 36.4 to 54.9.............. 9.4 to 10.6.
----------------------------------------------------------------------------------------------------------------
We have not quantified the losses associated with excluding
Indonesia, the Solomon Islands, Vanuatu, and Western Samoa from the
Guam-CNMI Visa Waiver Program because the Marianas Visitors Authority
did not report statistics for these countries individually; they are
captured in the ``other'' category in Table 1. Because their current
number of visits is low (too low to be reported by the Marianas
Visitors Authority), any potential economic losses would also be small.
Impacts to Guam
We attempted to quantify the potential economic impact of the
interim final rule on Guam, although we anticipate it to be minimal.
Because of limitations in the available data, we could not reliably
predict and quantify how many Guam-CNMI Visa Waiver Program-eligible
visitors would elect to stay in Guam longer than the current fifteen
day limit and by how many days, or elect to spend part or all of their
planned visit in the CNMI instead of or in addition to Guam. Additional
days of stay on the island would have a positive impact on Guam's
economy. However, visitors diverting their travel plans from Guam to
the CNMI and visitors from Indonesia, the Solomon Islands, Vanuatu, and
Western Samoa forgoing travel to Guam would have a negative impact. The
net economic effect of these two factors is unknown.
Government Costs
Finally, CBP estimates that it will incur costs to establish and
administer six new air and sea ports of entry in the CNMI. The costs
consist of two primary categories: (1) Non-recurring capital costs and
other initial or one-time expenses incurred in the first year or prior
to implementation of the Guam-CNMI Visa Waiver Program, and (2)
recurring operating, maintenance, and personnel costs expected to be
incurred each year. CBP will need to build, operate, and maintain the
infrastructure needed at the six ports of entry to achieve the
requisite level of security (e.g., arrival and departure control) and
operational efficiency commensurate with other CBP-operated ports. CBP
estimates a capital cost of approximately $25.8 million to develop this
infrastructure, and a recurring cost of $153,100 per year for port
operation and maintenance. CBP plans to staff these ports initially
with experienced temporary duty assignment staff on a short-term basis,
gradually replacing them with permanent staff. CBP estimates initial
costs of approximately $3.7 million for personnel relocation as well as
recurring costs of approximately $7.8 million per year for personnel
salary and benefits and $5.3 million per year for associated temporary
duty costs (e.g., airfare, per diem food and housing allowances,
vehicle rental). Applying these estimated costs to the applicable years
of our 5-year analysis period results in total present value cost for
government implementation of $87.3 million to $91.7 million, depending
on the discount rate applied.
Sources of Uncertainty
Because the Commonwealth of the Northern Mariana Islands is small
and remote, the quality and quantity of prior economic data and
analyses are very limited. We have relied on the best
[[Page 2832]]
available data in estimating the economic impact of implementing the
Guam-CNMI Visa Waiver Program. Nonetheless, we recognize that there are
significant limitations and uncertainties in our analysis.
The key sources of uncertainty in our analysis are the value of
time and demand elasticity for Chinese, Russian, and Filipino visitors.
These data are key inputs into our estimates of the reduction in the
number of these visitors to the CNMI. To estimate the value of time, we
apply the wages from the highest paid industry category among all
industries reported in an International Labor Organization (ILO)
database; however, we recognize that these data are imperfect. First,
comparing wages, and by extension opportunity costs, across countries
is notoriously difficult. In addition, it is likely that only the more
affluent citizens of these countries would engage in international
travel to the CNMI and, therefore, we likely understate their value of
time. We test the sensitivity of our wage estimates and find that the
estimated loss in CNMI visitor spending could increase by about 40
percent assuming a much higher wage rate ($20 per hour).
The demand elasticity value we use (-1.04) is also a significant
source of uncertainty because it may not be representative of visitor
demand to the CNMI (demand elasticities for specifically the CNMI or
other Pacific Islands are not available). On the one hand, for the more
affluent travelers, the additional travel (visa) costs may not
currently represent a significant portion of their household budget or
travel cost and thus may not be a major factor influencing their travel
decisions (less elastic). There may not be very many travelers from the
PRC, Russia, and the Philippines for whom the visa costs and burden are
particularly meaningful--they are either wealthy enough that it does
not matter, or their economic status is such that international travel
is out of reach regardless of the additional travel costs. On the other
hand, other alternative destinations exist that would provide these
visitors with a comparable experience to that of the CNMI. As a result,
some of these visitors may simply choose to forgo travel to the CNMI
because of the additional burden associated with the visa requirements
and instead seek other alternative destinations (more elastic).
Finally, in applying an own-price elasticity of travel demand, we
have presented a binary choice for a traveler based solely on price--
``go'' or ``do not go.'' In reality, travelers are faced with complex
decisions and myriad substitutes for particular trips. There is
evidence in the travel literature that price may not be a very big
determinant of destination selection. Additionally, a traveler could
still choose to visit the CNMI but may spend less while on the islands.
This would still be a loss to the CNMI economy, but it would be less
than what we have estimated in this analysis. We have chosen to
estimate direct costs using demand elasticities to avoid deliberately
misrepresenting these costs (we would not want to assume that
travelers' decisions will be completely unaffected by the new entry
requirements), knowing that we may then be overstating the simplicity
of the traveler's decision-making process. In doing this, we have
likely overstated indirect costs.
Another source of uncertainty is in the multipliers used to
calculate lost economic output, income, and employment as a result of
lost tourist spending. Although we use a range of values, the actual
total economic impact could be significantly lower or higher than the
results presented in this analysis.
A final source of uncertainty is our assumption that the number of
visitors or the amounts they spend in the CNMI will remain constant
over the five-year analysis period. The historic year-to-year trends in
the number of visitors from the PRC, Russia, and the Philippines on
which we could estimate a future growth rate vary widely from negative
growth (-69.0 percent) to positive growth (118.7 percent). We also
cannot reliably predict future growth (or loss) rates given the ever-
changing global economy and political climate, airline and tourism
industries, the volatility of the CNMI economy, and other factors
affecting international travel.
C. Regulatory Flexibility Act
Because this rule is being issued as an interim final rule on the
foreign affairs function of the United States, as set forth above, a
regulatory flexibility analysis is not required under the Regulatory
Flexibility Act (5 U.S.C. 601-612).
D. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA),
enacted as Public Law 104-4, 109 Stat. 48, on March 22, 1995, requires
each Federal agency, to the extent permitted by law, to prepare a
written assessment of the effects of any Federal mandate in a proposed
or final agency rule that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more (adjusted annually for inflation) in
any one year. Section 204(a) of the UMRA, 2 U.S.C. 1534(a), requires
the Federal agency to develop an effective process to permit timely
input by elected officers (or their designees) of State, local, and
tribal governments on a proposed ``significant intergovernmental
mandate.'' A ``significant intergovernmental mandate'' under the UMRA
is any provision in a Federal agency regulation that will impose an
enforceable duty upon State, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year. Section 203 of the UMRA, 2 U.S.C. 1533, which supplements section
204(a), provides that, before establishing any regulatory requirements
that might significantly or uniquely affect small governments, the
agency shall have developed a plan that, among other things, provides
for notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity to provide input in the development
of regulatory proposals.
This rule would not impose a significant cost or uniquely affect
small governments. The economic impacts of this rule are presented in
the Executive Order 12866 discussion of this document.
E. Executive Order 13132
This rule 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, DHS has determined that this interim final rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement.
F. Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
G. Paperwork Reduction Act
The collections of information encompassed within this rule have
been submitted to the OMB for review in accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507) under OMB Control Number 1651-
0109 (Guam Visa Waiver Information) for CBP Form I-736 and OMB Control
Number 1651-0111 for Form I-94 (Arrival and Departure Record).
[[Page 2833]]
An agency may not conduct, and a person is not required to respond
to, a collection of information unless the collection of information
displays a valid control number assigned by OMB. The burden estimates
for the two forms affected by this rule are presented below.
OMB Control Number 1651-0109 (Guam-CNMI Visa Waiver Information)
Estimated annual average reporting and/or recordkeeping burden:
30,000 hours.
Estimated annual average number of respondents: 360,000.
Estimated average burden per respondent: 5 minutes.
Estimated frequency of responses: Once per year.
OMB Control Number 1651-0111 (Arrival and Departure Record).
Estimated annual average reporting and/or recordkeeping burden:
60,000 hours.
Estimated annual average number of respondents: 360,000.
Estimated average burden per respondent: 10 minutes.
Estimated frequency of responses: Once per year.
Comments concerning the accuracy of this burden estimate and
suggestions for reducing this burden should be directed to the Office
of Management and Budget, Attention: Desk Officer for the Department of
Homeland Security, Office of Information and Regulatory Affairs,
Washington, DC 20503. A copy should also be sent to the Border Security
Regulations Branch, Customs and Border Protection, Mint Annex, 799
Ninth Street, NW., Washington, DC 20001.
H. Privacy
DHS will publish a Privacy Impact Assessment (PIA) on its Web site.
In addition, DHS is also preparing a separate Systems of Records Notice
(SORN) in conjunction with this interim final rule.
List of Subjects
8 CFR Part 100
Organization and functions (Government agencies)
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange
programs, Employment, Foreign officials, Health professions, Reporting
and recordkeeping requirements, Students.
8 CFR Part 215
Administrative practice and procedure, Aliens, Travel restrictions.
8 CFR Part 233
Air carriers, Maritime carriers, Aliens, Government Contracts.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
19 CFR Part 4
Customs duties and inspection, Reporting and recordkeeping
requirements, Vessels.
19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft,
Customs duties and inspection, Reporting and recordkeeping
requirements.
Amendments to the Regulations
0
For the reasons stated in the preamble, DHS amends parts 100, 212, 214,
215, 233 and 235 of title 8 of the Code of Federal Regulations and
parts 4 and 122 of title 19 of the Code of Federal Regulations as set
forth below:
8 CFR Chapter 1--Amendments
PART 100--STATEMENT OF ORGANIZATION
0
1. The authority citation for part 100 continues to read as follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
0
2. Section 100.4 is amended in paragraph (c)(2) by revising the entry
for ``Class A'' under ``District No. 17--Honolulu, Hawaii'' and in
paragraph (c)(3) by revising the entry under ``District No. 17--
Honolulu, Hawaii'' to read as follows:
Sec. 100.4 Field Offices.
* * * * *
(c) * * *
(2) * * *
District No. 17--Honolulu, Hawaii
Class A
Agana, Guam, M.I (including the port facilities of Apra Harbor,
Guam).
Honolulu, HI, Seaport (including all port facilities on the island
of Oahu).
Rota, the Commonwealth of the Northern Mariana Islands.
Saipan, the Commonwealth of the Northern Mariana Islands.
Tinian, the Commonwealth of the Northern Mariana Islands.
* * * * *
(3) * * *
District No. 17--Honolulu, Hawaii
Agana, Guam, Guam International Airport Terminal.
Honolulu, HI, Honolulu International Airport.
Honolulu, HI, Hickam Air Force Base.
Rota, the Commonwealth of the Northern Mariana Islands.
Saipan, the Commonwealth of the Northern Mariana Islands.
Tinian, the Commonwealth of the Northern Mariana Islands.
* * * * *
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANT; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
3. The general authority citation for part 212 is revised to read as
follows:
Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note,
1184, 1187, 1223, 1225, 1226, 1227, 1359; 8 U.S.C. 1185 note
(section 7209 of Pub. L. 108-458, as amended by section 546 of Pub.
L. 109-295).
Section 212.1(q) also issued under section 702, Public Law 110-
229, 100 Stat. 842.
0
4. In Sec. 212.1, paragraph (e)(1) introductory text is revised and a
new paragraph (q) is added to read as follows:
Sec. 212.1 Documentary Requirements for Nonimmigrants.
* * * * *
(e) Aliens entering Guam pursuant to section 14 of Pub. L. 99-396,
``Omnibus Territories Act.'' (1) Until June 1, 2009, a visa is not
required of an alien who is a citizen of a country enumerated in
paragraph (e)(3) of this section who:
* * * * *
(q) Aliens admissible under the Guam-CNMI Visa Waiver Program. (1)
Eligibility for Program. In accordance with Public Law 110-229,
beginning June 1, 2009, the Secretary, in consultation with the
Secretaries of the Departments of Interior and State, may waive the
visa requirement in the case of a nonimmigrant alien who seeks
admission to Guam or to the Commonwealth of the Northern Mariana
Islands (CNMI) under the Guam-CNMI Visa Waiver Program. To be
admissible under the Guam-CNMI Visa Waiver Program, prior to embarking
on a carrier for travel to Guam or the CNMI, each nonimmigrant alien
must:
(i) Be a national of a country or geographic area listed in
paragraph (q)(2) of this section;
(ii) Be classifiable as a visitor for business or pleasure;
[[Page 2834]]
(iii) Be solely entering and staying on Guam or the CNMI for a
period not to exceed forty-five days;
(iv) Be in possession of a round trip ticket that is nonrefundable
and nontransferable and bears a confirmed departure date not exceeding
forty-five days from the date of admission to Guam or the CNMI. ``Round
trip ticket'' includes any return trip transportation ticket issued by
a participating carrier, electronic ticket record, airline employee
passes indicating return passage, individual vouchers for return
passage, group vouchers for return passage for charter flights, or
military travel orders which include military dependents for return to
duty stations outside the United States on U.S. military flights;
(v) Be in possession of a completed and signed Guam-CNMI Visa
Waiver Information Form (CBP Form I-736);
(vi) Be in possession of a completed and signed I-94, Arrival-
Departure Record (CBP Form I-94);
(vii) Be in possession of a valid unexpired ICAO compliant, machine
readable passport issued by a country that meets the eligibility
requirements of paragraph (q)(2) of this section;
(viii) Have not previously violated the terms of any prior
admissions. Prior admissions include those under the Guam-CNMI Visa
Waiver Program, the prior Guam Visa Waiver Program, the Visa Waiver
Program as described in section 217(a) of the Act and admissions
pursuant to any immigrant or nonimmigrant visa;
(ix) Waive any right to review or appeal an immigration officer's
determination of admissibility at the port of entry into Guam or the
CNMI;
(x) Waive any right to contest any action for deportation or
removal, other than on the basis of: An application for withholding of
removal under section 241(b)(3) of the INA; withholding or deferral of
removal under the regulations implementing Article 3 of the United
Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; or, an application for asylum if
permitted under section 208 of the Act; and
(xi) If a resident of Taiwan, possess a Taiwan National Identity
Card and a valid Taiwan passport with a valid re-entry permit issued by
the Taiwan Ministry of Foreign Affairs.
(2) Program Countries and Geographic Areas. (i) General Eligibility
Criteria.
(A) A country or geographic area may not participate in the Guam-
CNMI Visa Waiver Program if the country or geographic area poses a
threat to the welfare, safety or security of the United States, its
territories, or commonwealths;
(B) A country or geographic area may not participate in the Guam-
CNMI Visa Waiver Program if it has been designated a Country of
Particular Concern under the International Religious Freedom Act of
1998 by the Department of State, or identified by the Department of
State as a source country of refugees designated of special
humanitarian concern to the United States;
(C) A country or geographic area may not participate in the Guam-
CNMI Visa Waiver Program if that country, not later than three weeks
after the issuance of a final order of removal, does not accept for
repatriation any citizen, former citizen, or national of the country
against whom a final executable order of removal is issued. Nothing in
this subparagraph creates any duty for the United States or any right
for any alien with respect to removal or release. Nothing in this
subparagraph gives rise to any cause of action or claim under this
paragraph or any other law against any official of the United States or
of any State to compel the release, removal or reconsideration for
release or removal of any alien.
(D) DHS may make a determination regarding a country's eligibility
based on other factors including, but not limited to, rate of refusal
for nonimmigrant visas, rate of overstays, cooperation in information
exchange with the United States, electronic travel authorizations, and
any other factors deemed relevant by DHS.
(ii) Eligible Countries and Geographic Areas. Nationals of the
following countries and geographic areas are eligible to participate in
the Guam-CNMI Visa Waiver Program for purposes of admission to both
Guam and the CNMI: Australia, Brunei, Hong Kong (Hong Kong Special
Administrative Region (SAR) passport and Hong Kong identification card
are required), Japan, Malaysia, Nauru, New Zealand, Papua New Guinea,
Republic of Korea, Singapore, Taiwan (residents thereof who begin their
travel in Taiwan and who travel on direct flights from Taiwan to Guam
or the CNMI without an intermediate layover or stop except that the
flights may stop in a territory of the United States enroute), and the
United Kingdom.
(iii) Significant Economic Benefit Criteria. If, in addition to the
considerations enumerated under paragraph (q)(2)(i) of this section,
DHS determines that the CNMI has received a significant economic
benefit from the number of visitors for pleasure from particular
countries during the period of May 8, 2007 through May 8, 2008, those
countries are eligible to participate in the Guam-CNMI Visa Waiver
Program unless the Secretary of Homeland Security determines that such
country's inclusion in the Guam-CNMI Visa Waiver Program would
represent a threat to the welfare, safety, or security of the United
States and its territories.
(iv) Additional Eligible Countries or Geographic Areas Based on
Significant Economic Benefit. [Reserved.]
(3) Suspension of Program Countries or Geographic Areas. (i)
Suspension of a country or geographic area from the Guam-CNMI Visa
Waiver Program may be made on a country-by-country basis for good cause
including, but not limited to if: The admissions of visitors from a
country have resulted in an unacceptable number of visitors from a
country remaining unlawfully in Guam or the CNMI, unlawfully obtaining
entry to other parts of the United States, or seeking withholding of
removal or seeking asylum; or that visitors from a country pose a risk
to law enforcement or security interests, including the enforcement of
immigration laws of Guam, the CNMI, or the United States.
(ii) A country or geographic area may be suspended from the Guam-
CNMI Visa Waiver Program if that country or geographic area is
designated as a Country of Particular Concern under the International
Religious Freedom Act of 1998 by the Department of State, or identified
by the Department of State as a source country of refugees designated
of special humanitarian concern to the United States, pending an
evaluation and determination by the Secretary.
(iii) A country or geographic area may be suspended from the Guam-
CNMI Visa Waiver Program by the Secretary of Homeland Security, in
consultation with the Secretary of the Interior and the Secretary of
State, based on the evaluation of all factors the Secretary deems
relevant including, but not limited to, electronic travel
authorization, procedures for reporting lost and stolen passports,
repatriation of aliens, rates of refusal for nonimmigrant visitor
visas, overstays, exit systems and information exchange.
(4) Admission under this section renders an alien ineligible for:
(i) Adjustment of status to that of a temporary resident or, except
under the provisions of section 245(i) of the Act, to that of a lawful
permanent resident;
(ii) Change of nonimmigrant status; or
(iii) Extension of stay.
(5) Requirements for transportation lines. A transportation line
bringing any alien to Guam or the CNMI pursuant to this section must:
[[Page 2835]]
(i) Enter into a contract on CBP Form I-760, made by the
Commissioner of Customs and Border Protection on behalf of the
government;
(ii) Transport an alien who is a citizen or national and in
possession of a valid unexpired ICAO compliant, machine readable
passport of a country enumerated in paragraph (q)(2) of this section;
(iii) Transport an alien only if the alien is in possession of a
round trip ticket as defined in paragraph (q)(1)(iv) of this section
bearing a confirmed departure date not exceeding forty-five days from
the date of admission to Guam or the CNMI which the carrier will
unconditionally honor when presented for return passage. This ticket
must be:
(A) Valid for a period of not less than one year,
(B) Nonrefundable except in the country in which issued or in the
country of the alien's nationality or residence, and
(C) Issued by a carrier which has entered into an agreement
described in paragraph (q)(5) of this section.
(iv) Transport an alien in possession of a completed and signed
Guam-CNMI Visa Waiver Information Form (CBP Form I-736), and
(v) Transport an alien in possession of completed I-94, Arrival-
Departure Record (CBP Form I-94).
(6) Bonding. The Secretary may require a bond on behalf of an alien
seeking admission under the Guam-CNMI Visa Waiver Program, in addition
to the requirements enumerated in this section, when the Secretary
deems it appropriate. Such bonds may be required of an individual alien
or of an identified subset of participants.
(7) Maintenance of status. (i) Satisfactory departure. If an
emergency prevents an alien admitted under the Guam-CNMI Visa Waiver
Program, as set forth in this paragraph (q), from departing from Guam
or the CNMI within his or her period of authorized stay, an immigration
officer having jurisdiction over the place of the alien's temporary
stay may, in his or her discretion, grant a period of satisfactory
departure not to exceed 15 days. If departure is accomplished during
that period, the alien is to be regarded as having satisfactorily
accomplished the visit without overstaying the allotted time.
(8) Inadmissibility and Deportability. (i) Determinations of
inadmissibility. (A) An alien who applies for admission under the
provisions of the Guam-CNMI Visa Waiver Program, who is determined by
an immigration officer to be inadmissible to Guam or the CNMI under one
or more of the grounds of inadmissibility listed in section 212 of the
Act (other than for lack of a visa), or who is in possession of and
presents fraudulent or counterfeit travel documents, will be refused
admission into Guam or the CNMI and removed. Such refusal and removal
shall be effected without referral of the alien to an immigration judge
for further inquiry, examination, or hearing, except that an alien who
presents himself or herself as an applicant for admission to Guam under
the Guam-CNMI Visa Waiver Program, who applies for asylum, withholding
of removal under section 241(b)(3) of the INA or withholding or
deferral of removal under the regulations implementing Article 3 of the
United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment must be issued a Form I-863, Notice
of Referral to Immigration Judge, for a proceeding in accordance with 8
CFR 208.2(c)(1) and (2). The provisions of 8 CFR subpart 208 subpart A
shall not apply to an alien present or arriving in the CNMI seeking to
apply for asylum prior to January 1, 2015. No application for asylum
may be filed pursuant to section 208 of the Act by an alien present or
arriving in the CNMI prior to January 1, 2015; however, aliens
physically present in the CNMI during the transition period who express
a fear of persecution or torture only may establish eligibility for
withholding of removal pursuant to INA 241(b)(3) or pursuant to the
regulations implementing Article 3 of the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
(B) The removal of an alien under this section may be deferred if
the alien is paroled into the custody of a Federal, State, or local law
enforcement agency for criminal prosecution or punishment. This section
in no way diminishes the discretionary authority of the Secretary
enumerated in section 212(d) of the Act.
(C) Refusal of admission under this paragraph shall not constitute
removal for purposes of the Act.
(ii) Determination of deportability. (A) An alien who has been
admitted to either Guam or the CNMI under the provisions of this
section who is determined by an immigration officer to be deportable
from either Guam or the CNMI under one or more of the grounds of
deportability listed in section 237 of the Act, shall be removed from
either Guam or the CNMI to his or her country of nationality or last
residence. Such removal will be determined by DHS authority that has
jurisdiction over the place where the alien is found, and will be
effected without referral of the alien to an immigration judge for a
determination of deportability, except that an alien admitted to Guam
under the Guam-CNMI Visa Waiver Program who applies for asylum or other
form of protection from persecution or torture must be issued a Form I-
863 for a proceeding in accordance with 8 CFR 208.2(c)(1) and (2). The
provisions of 8 CFR part 208 subpart A shall not apply to an alien
present or arriving in the CNMI seeking to apply for asylum prior to
January 1, 2015. No application for asylum may be filed pursuant to
section 208 of the INA by an alien present or arriving in the CNMI
prior to January 1, 2015; however, aliens physically present or
arriving in the CNMI prior to January 1, 2015, may apply for
withholding of removal under section 241(b)(3) of the Act and
withholding and deferral of removal under the regulations implementing
Article 3 of the United Nations Convention Against Torture, Inhuman or
Degrading Treatment or Punishment.
(B) Removal by DHS under paragraph (b)(1) of this section is
equivalent in all respects and has the same consequences as removal
after proceedings conducted under section 240 of the Act.
(iii) Removal of inadmissible aliens who arrived by air or sea.
Removal of an alien from Guam or the CNMI under this section may be
effected using the return portion of the round trip passage presented
by the alien at the time of entry to Guam and the CNMI. Such removal
shall be on the first available means of transportation to the alien's
point of embarkation to Guam or the CNMI. Nothing in this part absolves
the carrier of the responsibility to remove any inadmissible or
deportable alien at carrier expense, as provided in the carrier
agreement.
PART 214--NONIMMIGRANT CLASSES
0
5. The authority citation for part 214 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110
Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of
the Compacts of Free Association with the Federated States of
Micronesia and the Republic of the Marshall Islands, and with the
Government of Palau, 48 U.S.C. 1901 note, and 1931 note,
respectively; Title VII of Pub. L. 110-229; 8 CFR part 2.
0
6. Section 214.1 is amended by adding paragraph (c)(3)(viii), to read
as follows:
Sec. 214.1 Requirements for admission, extension, and maintenance of
status.
* * * * *
(c) * * *
[[Page 2836]]
(3) * * *
(viii) Any nonimmigrant admitted pursuant to the Guam-CNMI Visa
Waiver Program, as provided in section 212(l) of the Act.
* * * * *
PART 215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES
0
7. The general authority citation for part 215 is revised to read as
follows:
Authority: 8 U.S.C. 1101; 1104; 1184; 1185 (pursuant to
Executive Order 13323, published January 2, 2004); 1365a note. 1379,
1731-32.
0
8. Section 215.1 is revised by amending paragraphs (e), (g), and (j) to
read as follows:
Sec. 215.1 Definitions.
* * * * *
(e) The term United States means the several States, the District
of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,
Swains Island, the Commonwealth of the Northern Mariana Islands
(beginning June 1, 2009), and all other territory and waters,
continental and insular, subject to the jurisdiction of the United
States.
* * * * *
(g) The term geographical part of the United States means:
(1) The continental United States,
(2) Alaska,
(3) Hawaii,
(4) Puerto Rico,
(5) The Virgin Islands,
(6) Guam,
(7) American Samoa,
(8) Swains Island, or
(9) The Commonwealth of the Northern Mariana Islands (beginning
June 1, 2009).
* * * * *
(j) The term port of departure means a port in the continental
United States, Alaska, Guam, Hawaii, Puerto Rico, the Commonwealth of
the Northern Mariana Islands (beginning June 1, 2009), or the Virgin
Islands, designated as a port of entry by the Secretary, or in
exceptional circumstances such other place as the departure-control
officer may, in his discretion, designate in an individual case, or a
port in American Samoa, or Swains Island, designated as a port of entry
by the chief executive officer thereof.
* * * * *
PART 233--CONTRACTS WITH TRANSPORTATION LINES
0
9. The authority for part 233 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1221, 1228, 1229, 8 CFR
part 2.
0
10. Add Sec. 233.6 to read as follows:
Sec. 233.6 Aliens entering Guam or the Commonwealth of the Northern
Mariana Islands pursuant to Title VII of Public Law 110-229,
``Consolidated Natural Resources Act of 2008.''
A transportation line bringing aliens to Guam or the Commonwealth
of the Northern Mariana Islands under the visa waiver provisions of
Sec. 212.1(q) of this chapter must enter into an agreement on CBP Form
I-760. Such agreements must be negotiated directly by Customs and
Border Protection and head offices of the transportation lines.
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
0
11. The authority for Part 235 continues to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to
E.O. 13323, published January 2, 2004), 1201, 1224, 1225, 1226,
1228, 1365a note, 1379, 1731-32; 8 U.S.C. 1185 note (section 7209 of
Pub. L. 108-458).
0
12. Section 235.5(a) is revised to read as follows:
Sec. 235.5 Preinspection.
(a) In United States territories and possessions. In the case of
any aircraft proceeding from Guam, the Commonwealth of the Northern
Mariana Islands (beginning June 1, 2009), Puerto Rico, or the United
States Virgin Islands destined directly and without touching at a
foreign port or place, to any other of such places, or to one of the
States of the United States or the District of Columbia, the
examination of the passengers and crew required by the Act may be made
prior to the departure of the aircraft, and in such event, final
determination of admissibility will be made immediately prior to such
departure. The examination will be conducted in accordance with
sections 232, 235, and 240 of the Act and 8 CFR parts 235 and 240. If
it appears to the immigration officer that any person in the United
States being examined under this section is prima facie removable from
the United States, further action with respect to his or her
examination will be deferred and further proceedings regarding
removability conducted as provided in section 240 of the Act and 8 CFR
part 240. When the foregoing inspection procedure is applied to any
aircraft, persons examined and found admissible will be placed aboard
the aircraft, or kept at the airport separate and apart from the
general public until they are permitted to board the aircraft. No other
person will be permitted to depart on such aircraft until and unless he
or she is found to be admissible as provided in this section.
* * * * *
19 CFR Chapter 1--Amendments
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
13. The general authority for part 4 continues, and the specific
authority citation for Sec. 4.7b is revised to read as follows:
Authority: 5 U.S.C 301; 19 U.S.C. 66; 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. App. 3, 91.
* * * * *
Section 4.7b also issued under 8 U.S.C. 1101, 1221;
* * * * *
0
14. In Sec. 4.7b(a), the definition of ``United States'' is revised to
read as follows:
Sec. 4.7b Electronic passenger and crew arrival manifests.
(a) * * *
United States. ``United States'' means the continental United
States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana Islands
(beginning June 1, 2009).
* * * * *
PART 122--AIR COMMERCE REGULATIONS
0
15. The general authority for part 122 continues, and the specific
authority citation for Sec. 122.49a is revised to read as follows:
Authority: 5 U.S.C 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436,
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *
Section 122.49a also issued under 8 U.S.C. 1101, 1221, 19 U.S.C.
1431, 49 U.S.C. 44909.
* * * * *
0
16. In Sec. 122.49a(a), the definition of ``United States'' is revised
to read as follows:
Sec. 122.49a Electronic manifest requirement for passengers onboard
commercial aircraft arriving in the United States.
(a) * * *
United States. ``United States'' means the continental United
States, Alaska, Hawaii, Puerto Rico, Guam, the Commonwealth of the
Northern Mariana Islands (beginning June 1, 2009), and the Virgin
Islands of the United States.
* * * * *
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E9-942 Filed 1-15-09; 8:45 am]
BILLING CODE 9111-14-P