[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Pages 64997-64998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29331]



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  Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / 
Rules and Regulations  

[[Page 64997]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103, 214, 274a, and 299

[DHS Docket No. USCIS-2008-0038; CIS No. 2459-08]
RIN 1615-AB76


Commonwealth of the Northern Mariana Islands Transitional Worker 
Classification; Reopening the Public Comment Period

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Interim rule; reopening and extending the public comment 
period.

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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) announces 
the reopening and extension of the public comment period for the 
interim rule entitled ``Commonwealth of the Northern Mariana Islands 
Transitional Worker Classification.'' The interim rule was initially 
published on October 27, 2009 and intended to become effective on 
November 27, 2009. On November 25, the United States District Court for 
the District of Columbia enjoined implementation of the rule until DHS 
considers public comments and issues a final rule. To provide the 
public and the CNMI with optimum opportunity to comment on the proposed 
transitional worker classification provisions, USCIS is reopening the 
comment period for an additional 30 days. USCIS will consider comments 
received during the entire public comment period in its development of 
the final rule.

DATES: Written comments must be submitted on or before January 8, 2010.

ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2008-0038, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: You may submit comments directly to USCIS by e-
mail at [email protected]. Include DHS Docket No. USCIS-2008-0038 in the 
subject line of the message.
     Mail: Chief, Regulatory Products Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210. 
To ensure proper handling, please reference DHS Docket No. USCIS-2008-
0038 on your correspondence. This mailing address may also be used for 
paper, disk, or CD-ROM submissions.
     Hand Delivery/Courier: Regulatory Products Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210. 
Contact Telephone Number (202) 272-8377.
    Public Participation: Interested persons are invited to participate 
in this rulemaking by submitting written data, views, or arguments on 
all aspects of this rule. DHS also invites comments that relate to the 
economic or federalism effects that might result from this rule. 
Comments that will provide the most assistance to DHS will reference a 
specific portion of the rule, explain the reason for any recommended 
change, and include data, information, or authority that support such 
recommended change.
    Instructions: All submissions received must include the agency name 
and DHS Docket No. USCIS-2008-0038. 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. Submitted comments 
may also be inspected at the Regulatory Products Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210.

FOR FURTHER INFORMATION CONTACT: Paola Rodriguez Hale, U.S. Citizenship 
and Immigration Services, Department of Homeland Security, 20 
Massachusetts Avenue, NW., 2nd Floor, Washington, DC 20529-2060, 
telephone: 202-272-8100.

SUPPLEMENTARY INFORMATION:
    On May 8, 2008, Congress enacted Public Law 110-229 to extend U.S. 
immigration laws to the CNMI with transition provisions unique to the 
CNMI. See Consolidated Natural Resources Act of 2008, Pub. L. 110-229, 
Title VII, 122 Stat. 754, 853 (2008) (CNRA). The purpose of the CNRA is 
to ensure effective border controls and properly address national and 
homeland security concerns by extending U.S. immigration law to the 
CNMI, and to phase-out the CNMI's nonresident immigration system in a 
manner that minimizes adverse economic and fiscal effects while 
maximizing the CNMI's potential for future economic growth. The 
effective date for this transition is November 28, 2009.
    On October 27, 2009, USCIS published an interim rule entitled 
``Commonwealth of the Northern Mariana Islands Transitional Worker 
Classification'' at 74 FR 55094. That rule established a new CNMI-only 
transitional worker classification (CW classification) intended to be 
effective for the duration of the transition period. The CW 
classification would allow workers not otherwise eligible for any other 
lawful status under the INA to enter or remain in the CNMI as a 
transitional worker during the transition period. The interim rule was 
to become effective on November 27, 2009.
    On November 25, 2009, the U.S. District Court for the District of 
Columbia enjoined implementation of the interim rule until DHS 
considers public comments, makes any necessary changes to the interim 
rule in response to such comments, and issues the final rule. 
Commonwealth of the Northern Mariana Islands v. United States, No. 08-
1572 (D.D.C. Nov. 25, 2009). Although not required to do so under the 
court's order, USCIS is providing an additional opportunity for the 
public to comment on its proposed transitional worker classification 
provisions set forth in the interim rule. USCIS, therefore, is 
reopening the public comment period for an additional 30 days. USCIS 
also is extending the original comment period until January 8, 2010 and 
will consider comments received throughout the entirety of the public 
comment period in development

[[Page 64998]]

of its final transitional worker classification rule.
    Please visit http://www.regulations.gov to view the rule and all 
supporting documents.

Alejandro N. Mayorkas,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E9-29331 Filed 12-8-09; 8:45 am]
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