[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Rules and Regulations]
[Pages 25387-25388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12345]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules 
and Regulations  

[[Page 25387]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Parts 212, 215, and 235

19 CFR Parts 4 and 122

[Docket No. USCBP-2009-0001; CBP Dec. No. 09-14]
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; Change of Implementation Date

AGENCY: U.S. Customs and Border Protection; DHS.

ACTION: Technical amendment to Interim Final Rule.

-----------------------------------------------------------------------

SUMMARY: On January 16, 2009, U.S. Customs and Border Protection (CBP) 
published an interim final rule that implements section 702 of Title 
VII of the Consolidated Natural Resources Act of 2008 (CNRA) by 
amending CBP regulations to replace the current Guam Visa Waiver 
Program with a new Guam-CNMI Visa Waiver Program and establishing six 
ports of entry in the CNMI. The interim final rule specified that CBP 
would begin operation of this program on the statutorily established 
transition program effective date of June 1, 2009. The interim final 
rule further specified that the existing Guam Visa Waiver Program for 
travel to Guam would remain in effect until June 1, 2009. On March 31, 
2009, the Secretary of the Department of Homeland Security (DHS) 
announced that she had exercised her authority to delay the transition 
program effective date until November 28, 2009. This technical 
amendment effectuates this delay by changing the implementation date of 
the interim final rule from June 1, 2009 to November 28, 2009.

DATES: 
    Effective Date: This technical amendment is effective on May 28, 
2009.
    Implementation Date: Beginning November 28, 2009, Customs and 
Border Protection (CBP) will begin operation of this program and 
required compliance with the interim final rule will begin. The 
existing Guam Visa Waiver Program remains in effect for travel to Guam 
until November 28, 2009.

FOR FURTHER INFORMATION CONTACT: Cheryl C. Peters, Office of Field 
Operations, at (202) 344-1438.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 8, 2008, President George W. Bush 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. See sections 212 and 214 of the INA, 8 U.S.C. 1182 and 
1184. Section 702(a) of the CNRA provides that 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 CNMI, may delay the transition program 
effective date for up to 180 days.
    Section 702(b) of the CNRA authorizes DHS to create a Guam-CNMI 
Visa Waiver Program. On January 16, 2009, DHS, through CBP, issued an 
interim final rule establishing the Guam-CNMI Visa Waiver Program and 
setting forth the requirements for nonimmigrant visitors seeking 
admission into Guam or the CNMI under the Guam-CNMI Visa Waiver 
Program. See 74 FR 2824. The interim final rule provided that beginning 
June 1, 2009, DHS would begin operating ports-of-entry in the CNMI for 
immigration inspection of arriving aliens and to establish departure 
control for certain flights leaving the CNMI. In addition, the rule 
provided that on that date, DHS would begin the administration and 
enforcement of the Guam-CNMI Visa Waiver Program. The interim final 
rule provided that any delay in the implementation date of the Guam-
CNMI Visa Waiver Program would be published in the Federal Register.
    After the necessary consultations, the Secretary of Homeland 
Security announced on March 31, 2009, the delayed transition to full 
application of the CNRA until November 28, 2009. Accordingly, this 
document amends the January 16, 2009 interim final rule to reflect the 
new implementation date.

II. Statutory and Regulatory Requirements

    This technical amendment delays the implementation date of the 
Guam-CNMI Visa Waiver Program from June 1, 2009 to November 28, 2009. 
The interim final rule implementing the Guam-CNMI Visa Waiver Program 
provided analysis addressing DHS's statutory and regulatory 
requirements under the Administrative Procedure Act (APA), Executive 
Order 12866, Regulatory Flexibility Act, Unfunded Mandates Reform Act 
of 1995, Executive Order 13132, Executive Order 12988, Paperwork 
Reduction Act, and the Privacy Act. That analysis is adopted and 
incorporated herein by reference. As indicated in the interim final 
rule, pursuant to Sec.  702(b) of the CNRA, the implementation of the 
Guam-CNMI Visa Waiver Program is considered a foreign affairs function 
for purposes of section 553(a) of the APA. Accordingly, this technical 
amendment to the interim final rule is statutorily exempt from the 
requirements of the APA.

List of Subjects

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 215

    Administrative practice and procedure, Aliens, Travel restrictions.

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.

[[Page 25388]]

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 212, 215 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 I--Amendments

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANT; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
1. The general authority citation for part 212 continues 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.


Sec.  212.1  [Amended]

0
2. Amend Sec.  212.1, paragraphs (e)(1) introductory text and (q)(1) 
introductory text, by removing the date ``June 1, 2009'' and adding in 
its place ``November 28, 2009''.

PART 215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES

0
3. The general authority citation for part 215 continues 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.


Sec.  215.1  [Amended]

0
4. Amend Sec.  215.1, paragraphs (e), (g)(9), and (j), by removing the 
date ``June 1, 2009'' and adding in its place ``November 28, 2009''.

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

0
5. 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).


Sec.  235.5  [Amended]

0
6. Amend Sec.  235.5, paragraph (a), by removing the date ``June 1, 
2009'' and adding in its place ``November 28, 2009''.

19 CFR Chapter 1--Amendments

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
7. The general authority for part 4 and the specific authority citation 
for Sec.  4.7b continue 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;
* * * * *


Sec.  4.7b  [Amended]

0
8. Amend Sec.  4.7b, paragraph (a), in the definition of ``United 
States,'' by removing the date ``June 1, 2009'' and adding in its place 
``November 28, 2009''.

PART 122--AIR COMMERCE REGULATIONS

0
9. The general authority for part 122 and the specific authority 
citation for Sec.  122.49a continue 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.
* * * * *


Sec.  122.49a  [Amended]

0
10. Amend Sec.  122.49a, paragraph (a), in the definition of ``United 
States,'' by removing the date ``June 1, 2009'' and adding in its place 
``November 28, 2009''.

    Dated: May 21, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-12345 Filed 5-27-09; 8:45 am]
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