Establishing U.S. Ports of Entry in the CNMI and Implementing the Guam-CNMI Visa Waiver Program, 74...

8/14/2019 Establishing U.S. Ports of Entry in the CNMI and Implementing the Guam-CNMI Visa Waiver Program, 74 Fed. Reg

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2824 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009/ Rules and Regulations

Washington, DC 202503201; e-mail:[email protected]; telephone(202) 6904730.SUPPLEMENTARY INFORMATION: RuralDevelopment has identified a technicalerror associated with the publication ofthe interim rule, in which 7 CFR Parts1779 and 3575 were mistakenlyrepealed. These two parts, which are the

regulations for the Community Facilitiesand Water and Waste Disposalguaranteed loan programs, should nothave been repealed at this time because,in part, there are other CommunityFacilities and Water and Waste Disposalregulations that cross-reference thesetwo parts. Rural Developmentconsidered publishing a technicalcorrection notice to reinstate these tworegulations. Due to time constraints forpublication in the Federal Register priorto the effective date of January 16, 2009,there was insufficient time for fullconsideration of these technical

corrections. Therefore, RuralDevelopment determined that the bestcourse of action was to delay theeffective date of the interim rule by 30days.

Dated: January 9, 2009.

Doug Faulkner,

Acting Under Secretary for RuralDevelopment.

[FR Doc. E9813 Filed 11509; 8:45 am]

BILLING CODE 3410XYP

DEPARTMENT OF HOMELANDSECURITY

8 CFR Parts 103 and 299

[CIS No. 207400; DHS Docket No. USCIS20050013]

RIN 1615AB19

Establishment of a GenealogyProgram; Correcting Amendment

AGENCY: U.S. Citizenship andImmigration Services, DHS.ACTION: Correcting amendment.

SUMMARY: With this amendment, theDepartment of Homeland Security(DHS) corrects an inadvertent error inthe amendatory language from theEstablishment of a Genealogy ProgramFinal Rule published in the FederalRegister on May 15, 2008.DATES: This correction is effective

January 16, 2009.FOR FURTHER INFORMATION CONTACT:Lynda Spencer, Genealogy Program,U.S. Citizenship and ImmigrationServices, Department of HomelandSecurity, 1200 First Street, NE., 2ndFloor, Washington, DC 205292206,telephone (202) 2728282.

SUPPLEMENTARY INFORMATION:

Need for Correction

On May 15, 2008, the Department ofHomeland Security (DHS) published afinal rule in the Federal Register at 73FR 28026 establishing a fee-for-serviceGenealogy Program within U.S.

Citizenship and Immigration Services(USCIS) to streamline and improve theprocess for acquiring historical recordsof deceased individuals. There was aninadvertent error in that document. Inthe amendatory language foramendment 2b at 73 FR 28030, DHSinadvertently revised the fifth sentenceto 8 CFR 103.7(c)(1) instead of the sixthsentence. As a result the fifth sentencein 8 CFR 103.7(c)(1) is incorrect. Thisdocument corrects the error.

List of Subjects

8 CFR Part 103

Administrative practice andprocedure, Authority delegations(Government agencies), Freedom ofInformation, Privacy, Reporting andrecordkeeping requirements, Surety

bonds.

8 CFR Part 299

Immigration, Reporting andrecordkeeping requirements.

Accordingly, chapter I of title 8 of theCode of Federal Regulations is amendedas follows:

PART 103POWERS AND DUTIES;AVAILABILITY OF RECORDS

1. The authority citation for part 103continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.1101, 1103, 1304, 1356; 31 U.S.C. 9701;Public Law 107296, 116 Stat. 2135 (6 U.S.C.1 et seq.), E.O. 12356, 47 FR 14874, 15557,3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

2. Section 103.7(c)(1) is amended byrevising the fifth and sixth sentences toread as follows:

103.7 Fees.

* * * * *

(c) * * *

* * * The payment of the additionalsum prescribed by section 245(i) of theAct when applying for adjustment ofstatus under section 245 of the Act maynot be waived. The fees for Form I907,Request for Premium ProcessingServices, and for Forms G1041 and G1041A, Genealogy Program requestforms, may not be waived.

* * * * *

Dated: January 13, 2009.

Michael Aytes,

Acting Deputy Director.

[FR Doc. E9912 Filed 11509; 8:45 am]

BILLING CODE 911197P

DEPARTMENT OF HOMELANDSECURITY

Bureau of Customs and BorderProtection

8 CFR Parts 100, 212, 214, 215, 233,and 235

19 CFR Parts 4 and 122

[USCBP20090001; CBP Dec. No. 0902]

RIN 1651AA77

Establishing U.S. Ports of Entry in theCommonwealth of the NorthernMariana Islands (CNMI) andImplementing the Guam-CNMI VisaWaiver Program

AGENCY: Customs and Border Protection,DHS.

ACTION: Interim final rule; solicitation ofcomments.

SUMMARY: Section 702 of theConsolidated Natural Resources Act of2008 (CNRA) extends the immigrationlaws of the United States to theCommonwealth of the Northern MarianaIslands (CNMI) and provides for a visawaiver program for travel to Guam and

the CNMI. This rule implements section702 of the CNRA by amending U.S.Customs and Border Protection (CBP)regulations to replace the current GuamVisa Waiver Program with a new Guam-CNMI Visa Waiver Program.Accordingly, this interim final rule setsforth the requirements for nonimmigrantvisitors who seek admission for

business or pleasure and solely for entryinto and stay on Guam or the CNMIwithout a visa for a period of authorizedstay of no longer than forty-five days. Inaddition, this rule establishes six portsof entry in the CNMI in order toadminister and enforce the Guam-CNMIVisa Waiver Program and to allow forimmigration inspections in the CNMI,including arrival and departurecontrols, under the Immigration andNationality Act (INA).

DATES: Effective Date: This interim finalrule is effective January 16, 2009.

Implementation Date: Beginning June1, 2009, Customs and Border Protection(CBP) will begin operation of thisprogram and required compliance withthis interim final rule will begin. Theexisting Guam Visa Waiver Program

VerDate Nov2008 16:34 Jan 15, 2009 Jkt 217001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1


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2825Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009/ Rules and Regulations

1Establishment of the Guam Visa Waiver Programwas predicated upon the Attorney General, inconsultation with the Secretary of State and theSecretary of the Interior, and after consultation withthe Governor of Guam, making a jointdetermination that: (i) An adequate arrival anddeparture control system has been developed onGuam, and (ii) such a waiver does not represent athreat to the welfare, safety, or security of theUnited States or its territories and commonwealths.See section 212(l) of the INA, 8 U.S.C. 1182(l).

remains in effect for travel to Guamuntil the start of the transition period.

Comment Date: Comments must bereceived by March 17, 2009.

ADDRESSES: Please submit comments,identified by docket number, by one ofthe following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow theinstructions for submitting commentsvia docket number USCBP20090001.

Mail: Border Security RegulationsBranch, Office of International Trade,Customs and Border Protection, MintAnnex, 799 9th Street, NW.,Washington, DC 20001.

Instructions: All submissionsreceived must include the agency nameand docket number for this rulemaking.All comments received will be postedwithout change to http://www.regulations.gov, including anypersonal information provided.

Docket: For access to the docket to

read background documents orcomments received, go to http://www.regulations.gov. Commentssubmitted will be available for publicinspection in accordance with theFreedom of Information Act (5 U.S.C.552) and 19 CFR 103.11(b) on normal

business days between the hours of 9a.m. and 4:30 p.m. at the BorderSecurity Regulations Branch, Office ofInternational Trade, Customs andBorder Protection, 799 9th Street, NW.,5th Floor, Washington, DC.Arrangements to inspect submittedcomments should be made in advance

by calling Mr. Joseph Clark at (202) 3250118.

FOR FURTHER INFORMATION CONTACT:Cheryl C. Peters, Office of FieldOperations, at (202) 3441438.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public CommentsII. Background and Purpose

A. Current Requirements for the Guam VisaWaiver Program

B. The Consolidated Natural Resources Actof 2008

III. Establishing the Guam-CNMI Visa WaiverProgram

A. Program Countries1. General Eligibility Criteria2. Significant Economic Benefit Criteria3. Determination of Country Eligibility4. Suspension of Program CountriesB. Alien Eligibility Criteria1. Requirements for Admission2. Inadmissibility and Deportability3. Bond Provision4. Maintenance of Status5. Applicability of Section 212 of the

INAPassport and Visa Requirement6. Applicability of Section 217 of the

INAVisa Waiver ProgramIV. Conforming Changes and Amendments

A. Changes to CBP Form I736 Guam VisaWaiver Information and to CBP Form I760 Guam Visa Waiver Agreement

B. Conforming Changes to Title 8 of theCode of Federal Regulations

C. Conforming Changes to Title 19 of theCode of Federal Regulations

V. Establishing Ports of Entry in the CNMIVI. Effective Date

VII. Statutory and Regulatory RequirementsA. Administrative Procedure ActB. Executive Order 12866C. Regulatory Flexibility ActD. Unfunded Mandates Reform Act of 1995E. Executive Order 13132F. Executive Order 12988G. Paperwork Reduction ActH. Privacy

List of Subjects

I. Public Comments

Interested persons are invited tosubmit written comments on all aspectsof this interim final rule. Customs andBorder Protection (CBP) also invitescomments on the economic,environmental or federalism effects ofthis rule. We urge commenters toreference a specific portion of the rule,explain the reason for anyrecommended change, and include data,information, or authorities that supportsuch recommended change.

II. Background and Purpose

This interim final rule establishes theGuam-Commonwealth of the NorthernMariana Islands (CNMI) Visa WaiverProgram as authorized under section702(b) of the Consolidated NaturalResources Act of 2008 (CNRA), PublicLaw 110229, 122 Stat. 754, 860. Asexplained in more detail below, thisrule replaces the current Guam VisaWaiver Program with a new Guam-CNMI Visa Waiver Program. Under thisrule, CBP also is establishing six portsof entry in the CNMI to enable DHS toadminister and enforce the Guam-CNMIVisa Waiver Program, and to allow forthe application of U.S. immigration lawsin the CNMI as directed under section702 of the CNRA.

A. Current Requirements for the Guam

Visa Waiver ProgramPursuant to section 212(l) of the

Immigration and Nationality Act (INA)and DHS regulations, aliens who arecitizens of eligible countries orgeographic areas (hereinafter countries)may apply for admission to Guam at aGuam port of entry as nonimmigrantvisitors for a period of fifteen days orless, for business or pleasure, withoutfirst obtaining a nonimmigrant visa,provided that they are otherwise eligiblefor admission under applicable statutory

and regulatory requirements.1 See 8U.S.C. 1182(l) and 8 CFR 212.1(e). Thealien must be a citizen of a country that:(i) Has a visa refusal rate of 16.9% orless, or is a country whose visa refusalrate exceeds 16.9% and has anestablished preinspection orpreclearance program, pursuant to a

bilateral agreement with the United

States; (ii) is within geographicalproximity to Guam unless the countryhas a substantial volume ofnonimmigrant admissions to Guam asdetermined by the Commissioner of CBPand extends reciprocal privileges tocitizens of the United States; (iii) is notdesignated 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 CFR212.1(e)(2). The existing regulations alsoprovide that any potential threats to thewelfare, safety, or security of the United

States, its territories, or commonwealthswill be dealt with on a country bycountry basis, and a determination bythe Secretary that a threat exists willresult in the immediate deletion of thecountry from the listing of eligiblecountries.

Currently, the determination as towhich countries may participate in theGuam Visa Waiver Program is based onthe countries geographical proximity toGuam on the premise that they maintaina traditional interchange with Guam.Countries that are not in geographicproximity to Guam may be included ifthey have a substantial volume of

nonimmigrant admissions to Guam andextend reciprocal privileges to citizensof the United States. The followingcountries meet these eligibilityrequirements and are currently membersof the Guam Visa Waiver Program:Australia, Brunei, Indonesia, Japan,Malaysia, Nauru, New Zealand, PapuaNew Guinea, Republic of Korea,Singapore, Solomon Islands, Taiwan(residents who begin travel in Taiwanand fly to Guam without anintermediate layover or stop en route),the United Kingdom (including citizensof Hong Kong), Vanuatu, and Western

Samoa. See 8 CFR 212.1(e)(3)(i).An alien from one of these eligiblecountries currently may be admittedinto Guam under the Guam Visa Waiver



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Program if the alien: (i) Is classifiable asa visitor for business or pleasure; (ii) issolely entering and staying on Guam fora period not to exceed fifteen days; (iii)is in possession of a round-tripnonrefundable and nontransferabletransportation ticket bearing aconfirmed departure date not exceedingfifteen days from the date of admission

to Guam; (iv) is in possession of acompleted and signed Guam VisaWaiver Information Form (CBP Form I736); (v) waives any right to review orappeal under the INA of an immigrationofficers determination as to theadmissibility of the alien at the port ofentry into Guam; and (vi) waives anyright to contest other than on the basisof an application for asylum, any actionfor deportation of the alien. See 8 CFR212.1(e)(1).

B. The Consolidated Natural ResourcesAct of 2008

On May 8, 2008, the President signedinto law the Consolidated NaturalResources Act of 2008 (CNRA), PublicLaw 110229, 122 Stat. 754. Section702(a) of the CNRA extends U.S.immigration laws to the CNMI andauthorizes DHS to create a Guam-CNMIVisa Waiver Program. See sections 212and 214 of the INA, 8 U.S.C. 1182 and1184.

This interim final rule establishes theGuam-CNMI Visa Waiver Program andsets forth the requirements fornonimmigrant visitors seekingadmission into Guam or the CNMIunder the Guam-CNMI Visa Waiver

Program. These amendments ensure thatthe regulations conform to current

border security needs and facilitateCBPs dual core missions of protectingour nations borders and fosteringlegitimate international travel.

Section 702(b) of the CNRA requiresthe Secretary of Homeland Security toconsult with the Secretary of State andthe Secretary of the Interior, theGovernor of Guam and the Governor ofthe CNMI in the development of theseregulations. Accordingly,representatives of DHS, including CBP,during a July 1016, 2008 visit to Guam

and the CNMI, met with officials of theGuam Government, the CNMIGovernment and representatives of theMarianas Visitors Authority, the GuamVisitors Bureau, the Hotel Associationof the Northern Mariana Islands, and theSaipan Chamber of Commerce. At therequest of the Governor of Guam, DHSofficials met with Governor Camacho,his staff, and members of the GuamVisitors Bureau on September 15, 2008,in Washington, DC. Representatives ofDHS also met on November 21, 2008with Delegate-elect Gregorio Kilili

Sablan, the first Delegate from the CNMIto the U.S. House of Representatives, aswell as with members of the HotelAssociation of the Northern MarianaIslands (HANMI) on December 5, 2008.Additionally, interagency meetings wereheld on September 9, October 21, 2008and December 5, 2008, between DHS,the Department of State, and the

Department of the Interior, amongothers, in order to come to an agreementover the implementation of the Guam-CNMI Visa Waiver Program.

III. Establishing the Guam-CNMI VisaWaiver Program

The following are the eligibilitycriteria for countries and aliens.

A. Program Countries

1. General Eligibility Criteria

The country eligibility requirementsestablished in this rulemaking under theGuam-CNMI Visa Waiver Program differ

from those under the Guam Visa WaiverProgram. The new requirements takeinto account the provisions andpurposes of the CNRA and ensure thatthe regulations conform to current

border security needs. In determiningthe criteria for making countryeligibility determinations for the Guam-CNMI Visa Waiver Program, DHSconsidered a variety of factors to ensurethat the new Guam-CNMI Visa WaiverProgram reflected Congresss statedpurposes of the CRNA to, among others:(1) Ensure effective border controlprocedures; (2) properly address

national security and homeland securityconcerns in extending U.S. immigrationlaw to the CNMI; and (3) maximize theCNMIs potential for future economicand business growth. See section701(a)(1).

Section 702 of the CRNA providesthat [i]n determining whether to grantor continue providing the waiver underthis subsection to nationals of anycountry, the Secretary of HomelandSecurity, in consultation with theSecretary of the Interior and theSecretary of State, shall consider allfactors that the Secretary deems

relevant, including electronic travelauthorizations, procedures for reportinglost and stolen passports, repatriation ofaliens, rates of refusal for nonimmigrantvisitor visas, overstays, exit systems,and information exchange. Indetermining country eligibility forparticipation in the Guam-CNMI VisaWaiver Program under this rule, theSecretary of Homeland Security foundrelevant, and thus considered, each ofthese enumerated factors.

This rulemaking also provides forthese new eligibility conditions to

ensure the safety, security, and welfareof the United States. Under these newrequirements a countrys nationals maynot participate in the Guam-CNMI VisaWaiver Program if: (1) The countryposes a threat to the welfare, safety orsecurity of the United States, itsterritories or commonwealths; (2) thecountry is designated by the Department

of State as being of special humanitarianconcern; or (3) if the country does notaccept for repatriation any citizen,former citizen, or national admitted intoGuam or the CNMI under the Guam-CNMI Visa Waiver Program within threeweeks after issuance of a final order ofremoval.

2. Significant Economic BenefitCriteria

Section 702(b) of the CNRA requiresthe Secretary to include in the list ofparticipating countries, a list of thosecountries from which the CNMI hasreceived a significant economic

benefit from the number of visitors forpleasure within the one-year periodpreceding the date of enactment of theCNRA. However, if the Secretarydetermines that such a countrysinclusion represents a threat to thewelfare, safety, or security of the UnitedStates, or determines that such countryis not eligible based on other factors theSecretary deems relevant, then thatcountry will not qualify as an eligiblecountry.

DHS has determined that, during therelevant timeframe, visitors for pleasurefrom the Peoples Republic of China

(PRC) and the Russian Federation(Russia) provided a significanteconomic benefit to the CNMI. Thisdetermination is based on the economicanalysis below and takes into accountthe total on-island spending of thesevisitors on a per country basis,calculated by the Marianas VisitorsAuthority. During the period of May2007 through April 2008, DHScalculated visitor arrivals to the CNMI

by country of residence. PRC nationalsrepresented ten percent of visitorarrivals and Russian nationalsrepresented one percent of visitor

arrivals. The total on-island spending byPRC nationals was $38 million and forRussian nationals was $20 million. Perperson on-island spending was equal to$967 for PRC nationals and $4,323 forRussian nationals.

At this time, however, due topolitical, security, and law enforcementconcerns, including high nonimmigrantvisa refusal rates and concerns withcooperation regarding the repatriation ofcitizens, subjects, nationals andresidents of the country subject to afinal order of removal, nationals of the



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PRC and Russia are not eligible toparticipate in the Guam-CNMI VisaWaiver Program when the program isimplemented.

After additional layered securitymeasures, which may include, but arenot limited to, electronic travelauthorization to screen and approve

potential visitors prior to arrival inGuam and the CNMI, and other bordersecurity infrastructure, DHS will make adetermination as to whether nationals ofthe PRC and Russia can participate inthe Guam-CNMI Visa Waiver Program.In making such a determination, DHSwill consider the welfare, safety, andsecurity of the United States and itsterritories, as well as otherconsiderations deemed relevant by theSecretary.

If DHS determines that nationals fromthe PRC and/or Russia may participatein the Guam-CNMI Visa Program, DHS

will amend the regulations as necessary.3. Determination of Country Eligibility

This rulemaking includes a listing ofall countries that have been determinedto be eligible to participate in the Guam-CNMI Visa Waiver Program, and whosenationals may apply for admission intoGuam or the CNMI under the Guam-CNMI Visa Waiver Program. The newGuam-CNMI Visa Waiver Program listincludes all of the countries that wereincluded in the Guam Visa WaiverProgram, except for Indonesia, theSolomon Islands, Vanuatu, and Western

Samoa. The Solomon Islands are notincluded on the list of eligible countriesfor the Guam-CNMI Visa WaiverProgram in consideration of ongoingcivil and political instability. Indonesia,Vanuatu, and Western Samoa are notincluded on the list of eligible countriesdue to very high rates of refusal fornonimmigrant visitor visas. In addition,these four countries do not provide asignificant economic benefit to theCNMI. Therefore, DHS does not findtheir removal from the program countrylist, based on such factors as ongoingcivil and political instability, or high

nonimmigrant visa refusal rates, tooutweigh any existing economicbenefits from their past inclusion underthe Guam Visa Waiver Program. Thefollowing countries are designated forparticipation in the Guam-CNMI VisaWaiver Program: Australia, Brunei,Hong Kong (Hong Kong SpecialAdministrative Region (SAR) passportand Hong Kong identification card isrequired), Japan, Malaysia, Nauru, NewZealand, Papua New Guinea, Republicof Korea, Singapore, Taiwan, and theUnited Kingdom.

4. Suspension of Program Countries

This rule also incorporates theprovisions in the CNRA regarding thesuspension of countries from the Guam-CNMI Visa Waiver Program. Section702(b) of the CNRA requires theSecretary to monitor the admission ofnonimmigrant visitors to Guam and theCNMI, and to suspend the admission ofnationals from a country if the Secretarydetermines that admissions from thatcountry have resulted in anunacceptable number of overstays,unlawful entry into other parts of theUnited States, or visitors seekingwithholding of removal or seekingasylum.

The CNRA also requires the Secretaryto suspend admissions from a country ifthe Secretary determines that visitorsfrom that country pose a risk to the lawenforcement or security interests ofGuam, the CNMI, or the United States,including the interest in the

enforcement of U.S. immigration laws.Any designated country that fails tomeet the country eligibility criteriaunder new 212.1(q) shall be removedfor good cause. In determining whetherto continue to grant the waiver,consistent with the statutory factorslisted in section 702(b) of the CNRA,designated countries must, within threeweeks after the issuance of a final orderof removal, accept for repatriation anycitizen, former citizen or nationaladmitted into Guam or the CNMI underthis program. Failure to accept forrepatriation may result in suspension of

that country from the program. TheCNRA also provides that the Secretarymay suspend the Guam-CNMI VisaWaiver Program on a country-by-country basis for other good cause.

B. Alien Eligibility Criteria

1. Requirements for Admission

The CNRA authorizes the Secretary toallow an alien to enter Guam or theCNMI as a nonimmigrant visitor for

business or pleasure for a period not toexceed forty-five days after the Secretaryof Homeland Security, in consultationwith the Secretaries of State and the

Interior and the Governors of Guam, andthe CNMI determines that: (i) Adequatearrival and departure control systemshave been developed in Guam and theCNMI, and (ii) such a waiver does notrepresent a threat to the welfare, safety,or security of the United States or itsterritories and commonwealths.

In addition to the requirements thataliens currently seeking admission toGuam under the current Guam VisaWaiver program must meet, DHS isadding three new admissionrequirements. Under this interim final

rule, to be considered eligible foradmission into Guam or the CNMIunder the Guam-CNMI Visa WaiverProgram, nonimmigrant aliens mustalso: (i) Be in possession of a validunexpired passport that meets thestandards of the International CivilAviation Organization (ICAO) formachine readability and which is issued

by a country that meets the eligibilityrequirements as determined by theSecretary; (ii) have not previouslyviolated the terms of any prioradmissions to the United States underthe Guam-CNMI Visa Waiver Program,the prior Guam Visa Waiver Program, orthe Visa Waiver Program as described insection 217(a) of the Act and admissionspursuant to any immigrant ornonimmigrant visa; and (iii) present avalid completed and signed CBP FormI94, known as the Arrival-DepartureRecord Form (Form I94).

Although not specifically required

under the Guam Visa Waiver Programregulations, pursuant to operationalpractices, nonimmigrant visitorscurrently must present a validcompleted and signed CBP Form I94 toenter Guam under the Guam VisaWaiver Program. This rulemakingexplicitly requires completion of an I94 to enter Guam and the CNMI underthe Guam-CNMI Visa Waiver Program.

Additionally, consistent with existingGuam Visa Waiver Program regulations,an alien will not be admitted under theGuam-CNMI Visa Waiver Programunless the alien (i) has waived any rightto review or appeal under the INA of an

immigration officers determination asto the admissibility of the alien and (ii)has waived any right to contest anyaction for removal of the alien, otherthan on the basis of an application forwithholding of removal under section241(b)(3) of the INA, 8 U.S.C. 1231(b)(3),or withholding or deferral of removalunder the regulations implementingArticle 3 of the United NationsConvention Against Torture and OtherCruel, Inhuman or Degrading Treatmentor Punishment, or an application forasylum if permitted under section 208of the INA, 8 U.S.C. 1158.

2. Inadmissibility and DeportabilityThis rule provides DHS with the

authority to remove aliens and to makedeterminations as to admissibility anddeportability under 8 CFR 212.1(q)(8).CBP may remove an alien seekingadmission under the Guam-CNMI VisaWaiver Program upon a determinationthat the alien is inadmissible to Guamor the CNMI under one or more of thegrounds of inadmissibility (other thanfor lack of visa) listed under section 212of the INA. See 8 U.S.C. 1182. This rule



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2Nonimmigrant visitors who seek admission to

Guam already must possess a valid passport and avalid visa, or a valid passport (and no visa) if theyare applying for entry under a visa waiver program.This will not change under this interim final rule.

3The immigration laws of the United Statesalready apply to Guam. Thus, nonimmigrantvisitors from designated countries already canapply for admission to Guam under the VWP undersection 217 of the INA or the Guam Visa WaiverProgram under section 212(1) of the INA. Underthis interim final rule, visitors from participatingcountries will be able to apply for admission toGuam or the CNMI under the VWP or the Guam-CNMI Visa Waiver Program. The permitted lengthof stay depends on whether they are admitted underthe VWP (up to 90 days) or under the Guam-CNMIVisa Waiver Program (up to 45 days).

also provides that an immigrationofficer may remove a Guam-CNMI VisaWaiver Program applicant who presentsfraudulent or counterfeit traveldocuments. Likewise, DHS will have theauthority to remove an alien admittedunder the Guam-CNMI Visa WaiverProgram who has violated his/her statusunder one or more grounds of

deportability as listed under section 237of the INA. See 8 U.S.C. 1227.Accordingly, aliens who have beendetermined to be inadmissible ordeportable will not be referred to animmigration judge for further inquiry,examination or hearing, except that analien admitted to Guam under theGuam-CNMI Visa Waiver Program, whoapplies for asylum or withholding ofremoval under section 241(b(3) of theINA or withholding or deferral ofremoval under the regulationsimplementing Article 3 of the UnitedNations Convention Against Torture and

Other Cruel, Inhuman or DegradingTreatment or Punishment must beissued a Form I863 for a proceeding inaccordance with 8 CFR 208.2(c)(1) and(2).

The CNRA provides that, during thetransition period, section 208 of theINA, 8 U.S.C. 1158, which provides forasylum, does not apply to aliensphysically present in the CNMI. SeePublic Law 110229, 122 Stat. 754,section 702(a). Therefore, prior to

January 1, 2015, an alien who isphysically present in the CNMI underthe Guam-CNMI Visa Waiver Programmay not apply for asylum and an

immigration judge will not havejurisdiction over asylum applicationsfiled by an alien physically present inthe CNMI under the Guam-CNMI VisaWaiver Program. Aliens physicallypresent in the CNMI during thetransition period who express a fear ofpersecution or torture only mayestablish eligibility for withholding ofremoval pursuant to INA 241(b)(3) orpursuant to the regulationsimplementing Article 3 of the UnitedNations Convention Against Torture andOther Cruel, Inhuman or DegradingTreatment or Punishment.

This rule amends 8 CFR 214.1,regarding ineligibility for extensions ofstay to add a limitation regardingextensions of stay for any Guam-CNMIVisa Waiver Program nonimmigrants.Currently, nonimmigrants who wereadmitted into the United States asvisitors for business or pleasurepursuant to the Visa Waiver Program(section 217 of the INA) are ineligiblefor an extension of stay. Thisamendment will provide thatnonimmigrants admitted pursuant to theGuam-CNMI Visa Waiver Program are

ineligible for an extension of stay.Additional technical changes to 8 CFR233.5 to include references to the CNMIalso are made where appropriate.

3. Bond Provision

Section 702(b) of the CNRA alsorequires that the regulations include any

bonding requirements for nationals ofsome or all of those countries who maypresent an increased risk of overstayingtheir period of authorized stay or otherpotential problems. See section 702(b).This rule implements this new bondingprovision in new section 212.1(q),which provides that the Secretary mayrequire a bond on behalf of an alienseeking admission under the Guam-CNMI Visa Waiver Program when theSecretary deems it appropriate.

4. Maintenance of Status

This rule includes a provision

allowing an alien admitted to Guam orthe CNMI under the Guam-CNMI VisaWaiver Program to seek a period ofsatisfactory departure. Under this rule,CBP and U.S. Citizenship andImmigration Services (USCIS) have thediscretion to grant a period ofsatisfactory departure to an alienadmitted under the Guam-CNMI VisaWaiver Program in the event of anemergency. Under new 212.1(q)(7),this rule provides that if an alienadmitted under the Guam-CNMI VisaWaiver Program is prevented fromdeparting within the period of his or herauthorized stay due to an emergency,CBP or USCIS may grant satisfactorydeparture to permit the alien to delaydeparting Guam or the CNMI for aperiod not to exceed fifteen days. If thealien departs within the extended timeperiod, the alien will be regarded ashaving departed within the requiredtime period and will not be consideredas having overstayed his period ofauthorized stay.

5. Applicability of Section 212 of theINAPassport and Visa Requirement

Another result of applying the U.S.immigration laws to the CNMI, is that,pursuant to section 212 of the INA, 8U.S.C. 1182, nonimmigrant visitors whoseek admission to the CNMI mustpossess a valid passport and a validvisa, unless they are applying for entryunder a visa waiver program. Thismeans that nonimmigrant visitors whoare not eligible for either the VisaWaiver Program under 8 CFR part 217(VWP) or the Guam-CNMI Visa WaiverProgram must possess a valid passportand must obtain a visa from a U.S.Embassy or Consulate. They will no

longer be able to visit the CNMI usingthe CNMI Visitor Entry Permit.2

6. Applicability of Section 217 of theINAVisa Waiver Program

The CNRA extends the immigrationlaws of the United States to the CNMI.Thus, the admission of aliens to theCNMI is governed by the provisions of

the INA. As indicated above, this ruleamends 8 CFR 215.1 to add the CNMIto the definition of the United States toensure that the INA applies to theCNMI.

Section 217 of the INA, 8 U.S.C. 1187,establishes the VWP. Under the VWP,nationals of designated countries canapply for admission to the United Statesat ports of entry for business or pleasurefor up to 90 days without first obtaininga nonimmigrant visa. The regulationsimplementing the VWP are at 8 CFRpart 217. Under this interim final rule,

both the VWP and the Guam-CNMI VisaWaiver Program will be in operation inthe CNMI. Thus, nonimmigrant visitorsmay be able to apply for admission tothe CNMI under one or both programs,depending on the eligibility status of thenonimmigrant visitors country ofnationality or citizenship. Thepermitted length of stay will depend onwhether the nonimmigrant visitors areadmitted under the VWP (up to 90 days)or under the Guam-CNMI Visa WaiverProgram (up to 45 days).3

IV. Conforming Changes andAmendments

A. Changes to CBP Form I736 Guam

Visa Waiver Information and to CBPForm I760 Guam Visa WaiverAgreement

Under the current Guam Visa WaiverProgram, an alien seeking admissionmust present a completed CBP Form I736 Guam Visa Waiver Information(I736) in order to be admitted intoGuam without a visa. The alien mustalso present a completed and signedCBP Form I94/Arrival-DepartureRecord Form (I94). The I736 will berevised so that it will be entitled:



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4The current provisions of the Guam Visa WaiverProgram set forth in 8 CFR 212.1(e) will apply tononimmigrant visitors seeking admission to Guamunder the Guam Visa Waiver Program until the startof the transition periodcurrently June 1, 2009,when the new Guam-CNMI Visa Waiver Program isimplemented. The current CBP Forms I736 and I60 are to be used for purposes of the Guam VisaWaiver Program through this date.

5The Trust Territory of the Pacific Islands(TTPI) is no longer in existence. On November 3,1986, President Reagan announced by Proclamationthat the TTPI agreement between the CNMI and theUnited States was terminated after the TrusteeshipCouncil of the United Nations concluded that theUnited States satisfactorily discharged itsobligations under the agreement. See ProclamationNo. 5564, 51 FR 40399 (November 7, 1986). As

announced by President Reagans Proclamation, theUnited States fully established its agreement withCNMI. This agreement is entitled Covenant toEstablish a Commonwealth of the Northern MarianaIslands in Political Union with the United States,Public Law 99239, 48 U.S.C. 1801. With regard tothe CNMI, the CNMI then became a self-governingCommonwealth in political union with and underthe sovereignty of the United States. Therefore, DHSis deleting the term Trust Territory of the PacificIslands to conform the regulations to existing law.

6Because the INA already applies to Guam andports of entry have already been established inGuam to administer and enforce the INA, noamendments to 8 CFR part 100 are needed withrespect to Guam. Guam will continue to administerits own customs laws.

Guam-CNMI Visa Waiver InformationForm. Additionally, the portion of theform allowing for a maximum stay of 15days visit will be changed to allow fora maximum stay of 45 days. Theamended forms will not be availableuntil after the effective date of theregulation, and not required until thestart of the transition period, currently

June 1, 2009.Currently, transportation lines

transporting nonimmigrant visitorsunder the Guam Visa Waiver Programinto Guam from foreign territories mustenter into a contract with CBP byexecuting CBP Form I760 Guam VisaWaiver Agreement (I760). Form I760will be revised so that it will be titledGuam-CNMI Visa Waiver Agreementand references to the CNMI will beinserted, where appropriate.4 Aconforming change that adds a newprovision at 8 CFR 233.6 has been madeto include transportation lines bringing

aliens to the CNMI in addition to Guam.B. Conforming Changes to Title 8 of theCode of Federal Regulations

Part 215 of title 8 of the CFR describesthe procedures concerning aliens whodepart from the United States. Section215.1 sets forth the definitions for 8 CFRPart 215. This rule amends 8 CFR 215.1to add the CNMI to the definition of theUnited States to ensure that the INAapplies to the CNMI beginning June 1,2009.

To conform the amendments toexisting laws, this rule deletes bothCanal Zone and Trust Territory ofthe Pacific from the definitions of theUnited States, under 8 CFR 215.1,paragraphs (e), (g), and (j).

This rule also makes a conformingchange in paragraph (e) of 212.1 byadding the phrase Until June 1, 2009,to the beginning of the first sentence.This change will allow the existingGuam Visa Waiver Program to continueuntil the Guam -CNMI Visa Waiverprogram takes effect on the transitiondate.

The deletion of the Canal Zonefrom 8 CFR 215.1 is being made toreflect that the United States no longer

has control over the Canal Zone,pursuant to the Panama Canal Zone Actof 1979, Public Law 9670. Similarly,the term Trust Territory of the PacificIslands is being removed from 8 CFR

215.1 to update the regulations to reflectcurrent law.5

C. Conforming Changes to Title 19 of theCode of Federal Regulations

This rule amends 19 CFR 4.7b(a) and122.49a(a) to add the CNMI to thedefinition of the term United Statesfor purposes of the filing of electronic

passenger and crew arrival manifestsprior to the arrival of vessels and aircraftin the United States.

V. Establishing Ports of Entry in theCNMI

Currently, CBP does not have apresence in the CNMI. In order toimplement section 702 of the CNRA,CBP must establish operations in theCNMI to allow for immigrationinspections, including arrival anddeparture controls, under the INA. Suchoperational controls are also necessaryto establish the Guam-CNMI VisaWaiver Program. Therefore, theSecretary is designating six ports ofentry in the CNMI for immigrationpurposes only. The CNMI will continueto enforce and administer its owncustoms and agriculture laws. This ruleamends 8 CFR part 100 to establishPorts-of-Entry, as defined in 8 CFR100.4(c), to provide air and sea ports inclose proximity to the CNMI facilitieson the islands of Saipan, Tinian, andRota.6

VI. Effective Date

These regulations will be effectiveJanuary 16, 2009. Beginning June 1,

2009, unless the start of the transitionperiod is delayed, U.S. immigration lawapplies to the CNMI and the Guam-CNMI Visa Waiver Program will beimplemented. The immediate effectivedate of this rule allows nationals fromthe designated participating countries to

prepare for their travel to either Guamor the CNMI under the program. Inaddition, CBP will have the necessarytime to establish ports of entry in theCNMI and to set up the necessaryinfrastructure to implement the Guam-CNMI Visa Waiver Program and enforceU.S. immigration laws. Beginning June1, 2009, DHS will begin operating ports-

of-entry in the CNMI for immigrationinspection of arriving aliens andestablish departure control for certainflights leaving the CNMI. In addition, onthat date, DHS will begin theadministration and enforcement of theGuam-CNMI Visa Waiver Program.

The date of June 1, 2009, may bedelayed by the Secretary of HomelandSecurity, in consultation with theSecretary of the Interior, the Secretary ofLabor, the Secretary of State, theAttorney General, and the Governor ofthe Commonwealth of the CNMI, for upto 180 days if the date for application of

the immigration laws to the CNMI isdelayed pursuant to section 702(b) ofthe CNRA. Any delay in theimplementation date of the Guam-CNMIVisa Waiver Program will be publishedin the Federal Register. Prior to the startof the transition period, currently June1, 2009, the current requirementspertaining to the Guam Visa WaiverProgram will apply to nonimmigrantvisitors seeking admission into Guam.Additionally, section 702(b) directs thatthe promulgation of the regulationsshall be considered a foreign affairsfunction for purposes of the notice and

comment and 30-day delayed effectivedate requirements under theAdministrative Procedure Act. See 5U.S.C. 553(a).

VII. Statutory and RegulatoryRequirements

A. Administrative Procedure Act

Section 702(b) of CNRA directs thatall regulations necessary to implementthe Guam-CNMI Visa Waiver Programshall be considered a foreign affairsfunction for purposes of section 553(a)of the Administrative Procedure Act

(APA). Accordingly, this interim finalrule is exempt from the notice andcomment and 30-day effective daterequirements of the APA. Although DHSis not required to provide prior publicnotice or an opportunity to comment,DHS is nevertheless providing theopportunity for public comments. Inaccordance with section 702(a) of theCNRA, this rule is effective January 16,2009. Implementation and compliancewith this interim final rule will begin onthe date that begins the transitionperiod, which is currently June 1, 2009.



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B. Executive Order 12866

This interim final rule is not asignificant regulatory action underExecutive Order 12866, section 3(f),Regulatory Planning and Review, due tothe foreign affairs exemption describedabove. Accordingly, the Office ofManagement and Budget has not

reviewed this regulation under thatExecutive Order.DHS has, however prepared an

economic analysis of the potentialimpacts of this interim final rule. Asummary of the analysis is presented

below. The complete details of theanalysis can be found in the EconomicAnalysis in the public docket for thisrule.

The most significant change foradmission to the CNMI as a result of therule will be for visitors from thosecountries who are not included in eitherthe existing Visa Waiver Program under8 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 atU.S. embassies or consulates and higherfees than the CNMI currently assessesfor its visitor entry permits. Foradmission to Guam, the primary changewill be the extension of the maximumallowable period of stay from fifteendays to forty-five days for visitors ofcountries included in the Guam-CNMIVisa Waiver Program and theopportunity for visitors admitted underthe Guam-CNMI Visa Waiver Program totravel between Guam and the CNMI

without the requirement to obtain a visaor a visitor entry permit.In this analysis, we estimate the

incremental costs associated with theinterim final rule. Specifically, weassess and estimate the potential impactof implementing the Guam-CNMI VisaWaiver Program on the economies of theCNMI and Guam, with particular focuson their tourism sectors. While tourismimpacts are indirect effects of the rule(where the impacts to visitors are thedirect effect because visitors aredirectly regulated), we consider theseimpacts because tourism represents a

major component of the economies ofboth the CNMI and Guam.We anticipate that the CNMI will

experience most of the economic impactof this rule because the rule federalizesthe entry and exit procedures fornonimmigrant visitors to the CNMI. Wefirst estimate the changes in the traveldemand of nonimmigrant visitors to theCNMI (i.e., the reduction in visitors dueto implementation of the Guam-CNMIVisa Waiver Program) had the Guam-CNMI Visa Waiver Program beenimplemented in our baseline year of

analysis (May 2007 to April 2008). Wethen estimate the associated changes inthe total amount of visitor spending inthe CNMI. Next, we estimate theassociated changes in net economicoutput, income, and employment in theCNMI. Finally, we project theseeconomic impacts to each year of ourfive-year analysis period (May 2009

through April 2014) and calculate thepresent value of these cost impacts.

For Guam, we do not anticipate thatthe interim final rule will significantlyaffect its economy because the Guam-CNMI Visa Waiver Program onlymodifies the existing Guam visa waiverprogram by extending the allowableduration of stay from fifteen days toforty-five days. Thus, we qualitativelyassess two of the three issues that mayarise as a result of implementing theGuam-CNMI Visa Waiver Program,namely: (1) The impact of extending theallowable period of stay from fifteen

days to forty-five days on visitorbehavior, spending, and the Guameconomy in general; (2) the impact ofadding the CNMI to the existing GuamVisa Waiver Program on visitordecisions to visit the CNMI instead of orin addition to Guam; and (3) the impactof excluding Indonesia, the SolomonIslands, Vanuatu, and Western Samoa inthe list of program-eligible countries(these four countries currently areparticipating countries in the Guam VisaWaiver Program).

Because of limitations in the data, wecannot reliably predict and quantifywhat percentages of visitors to Guam

would elect to stay in Guam longer thanfifteen days, by how many additionaldays, and the resulting impact onGuams economy. On-island touristexpenditures in Guam are quitesubstantial, and additional days of stayon the island would have a positiveimpact on Guams economy.Conversely, adding the CNMI to theexisting Guam Visa Waiver Program toestablish the Guam-CNMI Visa WaiverProgram could divert visitor travel awayfrom Guam to the CNMI. Under theinterim final rule, nationals from thosecountries included in the Guam-CNMI

Visa Waiver Program, which includesall the countries currently included inthe Guam Visa Waiver Program, maynow enter the CNMI without having toapply for and obtain a CNMI visitorentry permit. Such a change mayincrease the potential for visitors fromthese countries to travel to the CNMIinstead of or in addition to Guam. TheGuam-CNMI Visa Waiver Program willfacilitate travel between Guam and theCNMI, and packaged tours of bothislands may appeal to some tourists,especially visitors that have already

visited Guam. However, we do not havesufficient data to reliably predict andquantify the extent to which visitorsfrom countries included in the Guam-CNMI Visa Waiver Program would electto spend part or all of a planned visitin the CNMI instead of, or in additionto, Guam and how this change wouldaffect the Guam economy.

Finally, we present the costs CBPexpects to incur to develop andadminister the Guam-CNMI Visa WaiverProgram.

Impacts to the CNMI

The two largest foreign markets forvisitors to the CNMI in the baseline yearof 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 visitorsand will ease requirements for Koreanvisitors, we do not estimate anysignificant changes in visitation levelsfor these two countries.

To estimate the impacts on tourismfrom other affected countries, we use anelasticity of demand for long-haulinternational leisure trips available fromthe published literature to compare thechange in cost (both in out-of-pocketexpenses as well as the value of time

burden) that obtaining a visa representsto the trip cost to the CNMI. In thisanalysis, we estimate out-of-pocketexpenses of $187 (including the fee,photos, travel costs, and othermiscellaneous expenses) plus anaverage time of five hours to obtain thevisa (including completing the

necessary Department of State formsand having an interview at a U.S.embassy). Applying a demand elasticityof1.04, we find that if the rule had

been in effect in the baseline year ofanalysis (May 2007 to April 2008) thepotential impact of this regulationwould have been a reduction ofapproximately 5,017 tourist arrivalsfrom the PRC, 194 tourist arrivals fromRussia, and 618 tourist arrivals from thePhilippines to the CNMI. We estimatethat a strong majority of travelers fromthese countries would continuetraveling to the CNMI even with the

implementation of the rule. Thesevisitors represent the three largesttourist markets that primarily will beaffected by the rule because they are notincluded on the list of eligible countriesfor the Guam-CNMI Visa WaiverProgram and, therefore, will now berequired to obtain U.S. visas to visit theCNMI (previously PRC and Russia, butnot the Philippines, were eligible foradmission to the CNMI under its visitorentry permit program).

Based on visitor spending dataprovided by the Marianas Visitors



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Authority, we estimate that theassociated reductions in spendingwould have been $4.9 million from theChinese, $0.8 million from the Russians,and $0.5 million from the Filipinos. Insum, the total visitor spending in theCNMI could potentially have declined

by $6.2 million, or 2.0 percent of the$317 million in total visitor spending.

Using economic multiplier dataavailable from the published literature,we estimate that the potential reduction

in visitor spending of $6.2 million leadsto a reduction of between $8.3 millionand $12.5 million in economic output,$2.1 million and $2.4 million in income,and between 131 and 162 jobs in theCNMI.

Applying these baseline yearestimates to our five-year period ofanalysis (2009 to 2014), assuming no

growth in the number of visitors or theamounts they spend in the CNMI,results in a total present value estimate

of $29.2 million (3 percent discountrate) and $27.1 million (7 percentdiscount rate) in lost CNMI visitorspending. We estimate that the totalpresent value losses in CNMI economicoutput and income are between $36.4million and $59.1 million, and $9.4million and $11.4 million, respectively,depending on the discount rate applied.Tables 1 and 2 summarize the results ofour analysis.

TABLE 1IMPACTS TO VISITORS, CNMI ECONOMIC ANALYSIS, $2008

CountryPotential No.of lost visitors

annually

Annual lostCNMI visitor

spending(undiscounted)

($M)

Estimated totalon-islandspending

($M)

% of on-islandspending lost

Japan ............................................................................................................... 0 $0.0 $162 0.0Korea ............................................................................................................... 0 0.0 65 0.0China ................................................................................................................ 5,017 4.9 38 12.9Russia .............................................................................................................. 194 0.8 20 4.2Philippines ........................................................................................................ 618 0.5 3 18.3

Others .............................................................................................................. 0 0.0 29 0.0

Total .......................................................................................................... 5,829 6.2 317 2.0

TABLE 2SUMMARY OF ECONOMIC IMPACTS, CNMI ECONOMIC ANALYSIS

Lost CNMIvisitor

spending($M)

Estimated lost CNMIeconomic output

($M)

Estimated lost CNMI income($M)

Total, May 2007Apr 2008 (undiscounted) .............................. $6.2 $8.3 to $12.5 ........................... $2.1 to $2.4.Total (20092014), 3% discount rate ....................................... 29.2 39.1 to 59.1 ............................. 10.1 to 11.4.Total (20092014), 7% discount rate ....................................... 27.1 36.4 to 54.9 ............................. 9.4 to 10.6.

We have not quantified the lossesassociated with excluding Indonesia,the Solomon Islands, Vanuatu, andWestern Samoa from the Guam-CNMIVisa Waiver Program because theMarianas Visitors Authority did notreport statistics for these countriesindividually; they are captured in theother category in Table 1. Becausetheir current number of visits is low (toolow to be reported by the MarianasVisitors Authority), any potentialeconomic losses would also be small.

Impacts to Guam

We attempted to quantify thepotential economic impact of theinterim final rule on Guam, although weanticipate it to be minimal. Because oflimitations in the available data, wecould not reliably predict and quantifyhow many Guam-CNMI Visa WaiverProgram-eligible visitors would elect tostay in Guam longer than the currentfifteen day limit and by how many days,or elect to spend part or all of theirplanned visit in the CNMI instead of orin addition to Guam. Additional days ofstay on the island would have a positive

impact on Guams economy. However,visitors diverting their travel plans fromGuam to the CNMI and visitors fromIndonesia, the Solomon Islands,Vanuatu, and Western Samoa forgoingtravel to Guam would have a negativeimpact. The net economic effect of thesetwo factors is unknown.

Government Costs

Finally, CBP estimates that it willincur costs to establish and administersix new air and sea ports of entry in theCNMI. The costs consist of two primarycategories: (1) Non-recurring capital

costs and other initial or one-timeexpenses incurred in the first year orprior to implementation of the Guam-CNMI Visa Waiver Program, and (2)recurring operating, maintenance, andpersonnel costs expected to be incurredeach year. CBP will need to build,operate, and maintain the infrastructureneeded at the six ports of entry toachieve the requisite level of security(e.g., arrival and departure control) andoperational efficiency commensuratewith other CBP-operated ports. CBPestimates a capital cost of approximately

$25.8 million to develop thisinfrastructure, and a recurring cost of$153,100 per year for port operation andmaintenance. CBP plans to staff theseports initially with experiencedtemporary duty assignment staff on ashort-term basis, gradually replacingthem with permanent staff. CBPestimates initial costs of approximately$3.7 million for personnel relocation aswell as recurring costs of approximately$7.8 million per year for personnelsalary and benefits and $5.3 million peryear for associated temporary duty costs(e.g., airfare, per diem food and housing

allowances, vehicle rental). Applyingthese estimated costs to the applicableyears of our 5-year analysis periodresults in total present value cost forgovernment implementation of $87.3million to $91.7 million, depending onthe discount rate applied.

Sources of Uncertainty

Because the Commonwealth of theNorthern Mariana Islands is small andremote, the quality and quantity of prioreconomic data and analyses are verylimited. We have relied on the best



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available data in estimating theeconomic impact of implementing theGuam-CNMI Visa Waiver Program.Nonetheless, we recognize that there aresignificant limitations and uncertaintiesin our analysis.

The key sources of uncertainty in ouranalysis are the value of time anddemand elasticity for Chinese, Russian,

and Filipino visitors. These data are keyinputs into our estimates of thereduction in the number of thesevisitors to the CNMI. To estimate thevalue of time, we apply the wages fromthe highest paid industry categoryamong all industries reported in anInternational Labor Organization (ILO)database; however, we recognize thatthese data are imperfect. First,comparing wages, and by extensionopportunity costs, across countries isnotoriously difficult. In addition, it islikely that only the more affluentcitizens of these countries would engage

in international travel to the CNMI and,therefore, we likely understate theirvalue of time. We test the sensitivity ofour wage estimates and find that theestimated loss in CNMI visitor spendingcould increase by about 40 percentassuming a much higher wage rate ($20per hour).

The demand elasticity value we use(1.04) is also a significant source ofuncertainty because it may not berepresentative of visitor demand to theCNMI (demand elasticities forspecifically the CNMI or other PacificIslands are not available). On the onehand, for the more affluent travelers, the

additional travel (visa) costs may notcurrently represent a significant portionof their household budget or travel costand thus may not be a major factorinfluencing their travel decisions (lesselastic). There may not be very manytravelers from the PRC, Russia, and thePhilippines for whom the visa costs and

burden are particularly meaningfulthey are either wealthy enough that itdoes not matter, or their economicstatus is such that international travel isout of reach regardless of the additionaltravel costs. On the other hand, otheralternative destinations exist that would

provide these visitors with a comparableexperience to that of the CNMI. As aresult, some of these visitors maysimply choose to forgo travel to theCNMI because of the additional burdenassociated with the visa requirementsand instead seek other alternativedestinations (more elastic).

Finally, in applying an own-priceelasticity of travel demand, we havepresented a binary choice for a traveler

based solely on pricego or do notgo. In reality, travelers are faced withcomplex decisions and myriad

substitutes for particular trips. There isevidence in the travel literature thatprice may not be a very big determinantof destination selection. Additionally, atraveler could still choose to visit theCNMI but may spend less while on theislands. This would still be a loss to theCNMI economy, but it would be lessthan what we have estimated in this

analysis. We have chosen to estimatedirect costs using demand elasticities toavoid deliberately misrepresenting thesecosts (we would not want to assume thattravelers decisions will be completelyunaffected by the new entryrequirements), knowing that we maythen be overstating the simplicity of thetravelers decision-making process. Indoing this, we have likely overstatedindirect costs.

Another source of uncertainty is inthe multipliers used to calculate losteconomic output, income, andemployment as a result of lost tourist

spending. Although we use a range ofvalues, the actual total economic impactcould be significantly lower or higherthan the results presented in thisanalysis.

A final source of uncertainty is ourassumption that the number of visitorsor the amounts they spend in the CNMIwill remain constant over the five-yearanalysis period. The historic year-to-year trends in the number of visitorsfrom the PRC, Russia, and thePhilippines on which we could estimatea future growth rate vary widely fromnegative growth (69.0 percent) topositive growth (118.7 percent). We also

cannot reliably predict future growth (orloss) rates given the ever-changingglobal economy and political climate,airline and tourism industries, thevolatility of the CNMI economy, andother factors affecting internationaltravel.

C. Regulatory Flexibility Act

Because this rule is being issued as aninterim final rule on the foreign affairsfunction of the United States, as setforth above, a regulatory flexibilityanalysis is not required under theRegulatory Flexibility Act (5 U.S.C.

601612).D. Unfunded Mandates Reform Act of1995

Title II of the Unfunded MandatesReform Act of 1995 (UMRA), enacted asPublic Law 1044, 109 Stat. 48, onMarch 22, 1995, requires each Federalagency, to the extent permitted by law,to prepare a written assessment of theeffects of any Federal mandate in aproposed or final agency rule that mayresult in the expenditure by State, local,and tribal governments, in the aggregate,

or by the private sector, of $100 millionor more (adjusted annually for inflation)in any one year. Section 204(a) of theUMRA, 2 U.S.C. 1534(a), requires theFederal agency to develop an effectiveprocess to permit timely input byelected officers (or their designees) ofState, local, and tribal governments ona proposed significant

intergovernmental mandate. Asignificant intergovernmentalmandate under the UMRA is anyprovision in a Federal agency regulationthat will impose an enforceable dutyupon State, local, and tribalgovernments, in the aggregate, of $100million (adjusted annually for inflation)in any one year. Section 203 of theUMRA, 2 U.S.C. 1533, whichsupplements section 204(a), providesthat, before establishing any regulatoryrequirements that might significantly oruniquely affect small governments, theagency shall have developed a plan that,

among other things, provides for noticeto potentially affected smallgovernments, if any, and for ameaningful and timely opportunity toprovide input in the development ofregulatory proposals.

This rule would not impose asignificant cost or uniquely affect smallgovernments. The economic impacts ofthis rule are presented in the ExecutiveOrder 12866 discussion of thisdocument.

E. Executive Order 13132

This rule will not have substantial

direct effects on the States, on therelationship between the NationalGovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with section 6 of ExecutiveOrder 13132, DHS has determined thatthis interim final rule does not havesufficient federalism implications towarrant the preparation of a federalismsummary impact statement.

F. Executive Order 12988

This rule meets the applicablestandards set forth in sections 3(a) and3(b)(2) of Executive Order 12988.

G. Paperwork Reduction Act

The collections of informationencompassed within this rule have beensubmitted to the OMB for review inaccordance with the PaperworkReduction Act of 1995 (44 U.S.C. 3507)under OMB Control Number 16510109(Guam Visa Waiver Information) forCBP Form I736 and OMB ControlNumber 16510111 for Form I94(Arrival and Departure Record).



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An agency may not conduct, and aperson is not required to respond to, acollection of information unless thecollection of information displays avalid control number assigned by OMB.The burden estimates for the two formsaffected by this rule are presented

below.OMB Control Number 16510109

(Guam-CNMI Visa Waiver Information)Estimated annual average reporting

and/or recordkeeping burden: 30,000hours.

Estimated annual average number ofrespondents: 360,000.

Estimated average burden perrespondent: 5 minutes.

Estimated frequency of responses:Once per year.

OMB Control Number 16510111(Arrival and Departure Record).

Estimated annual average reportingand/or recordkeeping burden: 60,000hours.

Estimated annual average number ofrespondents: 360,000.

Estimated average burden perrespondent: 10 minutes.

Estimated frequency of responses:Once per year.

Comments concerning the accuracy ofthis burden estimate and suggestions forreducing this burden should be directedto the Office of Management andBudget, Attention: Desk Officer for theDepartment of Homeland Security,Office of Information and RegulatoryAffairs, Washington, DC 20503. A copyshould also be sent to the Border

Security Regulations Branch, Customsand Border Protection, Mint Annex, 799Ninth Street, NW., Washington, DC20001.

H. Privacy

DHS will publish a Privacy ImpactAssessment (PIA) on its Web site. Inaddition, DHS is also preparing aseparate Systems of Records Notice(SORN) in conjunction with this interimfinal rule.

List of Subjects

8 CFR Part 100

Organization and functions(Government agencies)

8 CFR Part 212

Administrative practice andprocedure, Aliens, Immigration,Passports and visas, Reporting andrecordkeeping requirements.

8 CFR Part 214

Administrative practice andprocedure, Aliens, Cultural exchangeprograms, Employment, Foreignofficials, Health professions, Reporting

and recordkeeping requirements,Students.

8 CFR Part 215

Administrative practice andprocedure, Aliens, Travel restrictions.

8 CFR Part 233

Air carriers, Maritime carriers, Aliens,

Government Contracts.8 CFR Part 235

Administrative practice andprocedure, Aliens, Immigration,Reporting and recordkeepingrequirements.

19 CFR Part 4

Customs duties and inspection,Reporting and recordkeepingrequirements, Vessels.

19 CFR Part 122

Administrative practice and

procedure, Air carriers, Aircraft,Customs duties and inspection,Reporting and recordkeepingrequirements.

Amendments to the Regulations

For the reasons stated in the preamble,DHS amends parts 100, 212, 214, 215,233 and 235 of title 8 of the Code ofFederal Regulations and parts 4 and 122of title 19 of the Code of FederalRegulations as set forth below:

8 CFR Chapter 1Amendments

PART 100STATEMENT OF

ORGANIZATION 1. The authority citation for part 100continues to read as follows:

Authority: 8 U.S.C. 1103; 8 CFR part 2.

2. Section 100.4 is amended inparagraph (c)(2) by revising the entry forClass A under District No. 17Honolulu, Hawaii and in paragraph(c)(3) by revising the entry underDistrict No. 17Honolulu, Hawaii toread as follows:

100.4 Field Offices.

* * * * *

(c) * * *(2) * * *

District No. 17Honolulu, Hawaii

Class A

Agana, Guam, M.I (including the portfacilities of Apra Harbor, Guam).

Honolulu, HI, Seaport (including allport facilities on the island of Oahu).

Rota, the Commonwealth of theNorthern Mariana Islands.

Saipan, the Commonwealth of theNorthern Mariana Islands.

Tinian, the Commonwealth of theNorthern Mariana Islands.

* * * * *(3) * * *

District No. 17Honolulu, Hawaii

Agana, Guam, Guam InternationalAirport 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 212DOCUMENTARYREQUIREMENTS: NONIMMIGRANT;WAIVERS; ADMISSION OF CERTAININADMISSIBLE ALIENS; PAROLE

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 (section7209 of Pub. L. 108458, as amended bysection 546 of Pub. L. 109295).

Section 212.1(q) also issued under section702, Public Law 110229, 100 Stat. 842.

4. In 212.1, paragraph (e)(1)introductory text is revised and a newparagraph (q) is added to read asfollows:

212.1 Documentary Requirements forNonimmigrants.

* * * * *

(e) Aliens entering Guam pursuant tosection 14 of Pub. L. 99396, OmnibusTerritories Act.(1) Until June 1, 2009,a visa is not required of an alien whois a citizen of a country enumerated inparagraph (e)(3) of this section who:

* * * * *(q) Aliens admissible under the

Guam-CNMI Visa Waiver Program. (1)Eligibility for Program. In accordancewith Public Law 110229, beginning

June 1, 2009, the Secretary, inconsultation with the Secretaries of theDepartments of Interior and State, maywaive the visa requirement in the case

of a nonimmigrant alien who seeksadmission to Guam or to theCommonwealth of the Northern MarianaIslands (CNMI) under the Guam-CNMIVisa Waiver Program. To be admissibleunder the Guam-CNMI Visa WaiverProgram, prior to embarking on a carrierfor travel to Guam or the CNMI, eachnonimmigrant alien must:

(i) Be a national of a country orgeographic area listed in paragraph(q)(2) of this section;

(ii) Be classifiable as a visitor forbusiness or pleasure;



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(iii) Be solely entering and staying onGuam or the CNMI for a period not toexceed forty-five days;

(iv) Be in possession of a round tripticket that is nonrefundable andnontransferable and bears a confirmeddeparture date not exceeding forty-fivedays from the date of admission toGuam or the CNMI. Round trip ticket

includes any return trip transportationticket issued by a participating carrier,electronic ticket record, airlineemployee passes indicating returnpassage, individual vouchers for returnpassage, group vouchers for returnpassage for charter flights, or militarytravel orders which include militarydependents for return to duty stationsoutside the United States on U.S.military flights;

(v) Be in possession of a completedand signed Guam-CNMI Visa WaiverInformation Form (CBP Form I736);

(vi) Be in possession of a completed

and signed I94, Arrival-DepartureRecord (CBP Form I94);

(vii) Be in possession of a validunexpired ICAO compliant, machinereadable passport issued by a countrythat meets the eligibility requirements ofparagraph (q)(2) of this section;

(viii) Have not previously violated theterms of any prior admissions. Prioradmissions include those under theGuam-CNMI Visa Waiver Program, theprior Guam Visa Waiver Program, theVisa Waiver Program as described insection 217(a) of the Act and admissionspursuant to any immigrant or

nonimmigrant visa;(ix) Waive any right to review orappeal an immigration officersdetermination of admissibility at theport of entry into Guam or the CNMI;

(x) Waive any right to contest anyaction for deportation or removal, otherthan on the basis of: An application forwithholding of removal under section241(b)(3) of the INA; withholding ordeferral of removal under theregulations implementing Article 3 ofthe United Nations Convention AgainstTorture and Other Cruel, Inhuman orDegrading Treatment or Punishment; or,an application for asylum if permittedunder section 208 of the Act; and

(xi) If a resident of Taiwan, possess aTaiwan National Identity Card and avalid Taiwan passport with a valid re-entry permit issued by the TaiwanMinistry of Foreign Affairs.

(2) Program Countries and GeographicAreas. (i) General Eligibility Criteria.

(A) A country or geographic area maynot participate in the Guam-CNMI VisaWaiver Program if the country orgeographic area poses a threat to thewelfare, safety or security of the United

States, its territories, orcommonwealths;

(B) A country or geographic area maynot participate in the Guam-CNMI VisaWaiver Program if it has beendesignated a Country of ParticularConcern under the InternationalReligious Freedom Act of 1998 by theDepartment of State, or identified by the

Department of State as a source countryof refugees designated of specialhumanitarian concern to the UnitedStates;

(C) A country or geographic area maynot participate in the Guam-CNMI VisaWaiver Program if that country, not laterthan three weeks after the issuance of afinal order of removal, does not acceptfor repatriation any citizen, formercitizen, or national of the countryagainst whom a final executable order ofremoval is issued. Nothing in thissubparagraph creates any duty for theUnited States or any right for any alienwith respect to removal or release.Nothing in this subparagraph gives riseto any cause of action or claim underthis paragraph or any other law againstany official of the United States or ofany State to compel the release, removalor reconsideration for release or removalof any alien.

(D) DHS may make a determinationregarding a countrys eligibility basedon other factors including, but notlimited to, rate of refusal fornonimmigrant visas, rate of overstays,cooperation in information exchangewith the United States, electronic travelauthorizations, and any other factors

deemed relevant by DHS.(ii) Eligible Countries and Geographic

Areas. Nationals of the followingcountries and geographic areas areeligible to participate in the Guam-CNMI Visa Waiver Program for purposesof admission to both Guam and theCNMI: Australia, Brunei, Hong Kong(Hong Kong Special AdministrativeRegion (SAR) passport and Hong Kongidentification card are required), Japan,Malaysia, Nauru, New Zealand, PapuaNew Guinea, Republic of Korea,Singapore, Taiwan (residents thereofwho begin their travel in Taiwan and

who travel on direct flights from Taiwanto Guam or the CNMI without anintermediate layover or stop except thatthe flights may stop in a territory of theUnited States enroute), and the UnitedKingdom.

(iii) Significant Economic BenefitCriteria. If, in addition to theconsiderations enumerated underparagraph (q)(2)(i) of this section, DHSdetermines that the CNMI has receiveda significant economic benefit from thenumber of visitors for pleasure fromparticular countries during the period of

May 8, 2007 through May 8, 2008, thosecountries are eligible to participate inthe Guam-CNMI Visa Waiver Programunless the Secretary of HomelandSecurity determines that such countrysinclusion in the Guam-CNMI VisaWaiver Program would represent athreat to the welfare, safety, or securityof the United States and its territories.

(iv) Additional Eligible Countries orGeographic Areas Based on SignificantEconomic Benefit. [Reserved.]

(3) Suspension of Program Countriesor Geographic Areas. (i) Suspension ofa country or geographic area from theGuam-CNMI Visa Waiver Program may

be made on a country-by-country basisfor good cause including, but notlimited to if: The admissions of visitorsfrom a country have resulted in anunacceptable number of visitors from acountry remaining unlawfully in Guamor the CNMI, unlawfully obtaining entryto other parts of the United States, or

seeking withholding of removal orseeking asylum; or that visitors from acountry pose a risk to law enforcementor security interests, including theenforcement of immigration laws ofGuam, the CNMI, or the United States.

(ii) A country or geographic area maybe suspended from the Guam-CNMIVisa Waiver Program if that country orgeographic area is designated as aCountry of Particular Concern under theInternational Religious Freedom Act of1998 by the Department of State, oridentified by the Department of State asa source country of refugees designated

of special humanitarian concern to theUnited States, pending an evaluationand determination by the Secretary.

(iii) A country or geographic area maybe suspended from the Guam-CNMIVisa Waiver Program by the Secretary ofHomeland Security, in consultationwith the Secretary of the Interior andthe Secretary of State, based on theevaluation of all factors the Secretarydeems relevant including, but notlimited to, electronic travelauthorization, procedures for reportinglost and stolen passports, repatriation ofaliens, rates of refusal for nonimmigrantvisitor visas, overstays, exit systems andinformation exchange.

(4) Admission under this sectionrenders an alien ineligible for:

(i) Adjustment of status to that of atemporary resident or, except under theprovisions 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 anyalien to Guam or the CNMI pursuant tothis section must:



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(i) Enter into a contract on CBP FormI760, made by the Commissioner ofCustoms and Border Protection on

behalf of the government;(ii) Transport an alien who is a citizen

or national and in possession of a validunexpired ICAO compliant, machinereadable passport of a countryenumerated in paragraph (q)(2) of this

section;(iii) Transport an alien only if the

alien is in possession of a round tripticket as defined in paragraph (q)(1)(iv)of this section bearing a confirmeddeparture date not exceeding forty-fivedays from the date of admission toGuam or the CNMI which the carrierwill unconditionally honor whenpresented for return passage. This ticketmust be:

(A) Valid for a period of not less thanone year,

(B) Nonrefundable except in thecountry in which issued or in the

country of the aliens nationality orresidence, and(C) Issued by a carrier which has

entered into an agreement described inparagraph (q)(5) of this section.

(iv) Transport an alien in possessionof a completed and signed Guam-CNMIVisa Waiver Information Form (CBPForm I736), and

(v) Transport an alien in possession ofcompleted I94, Arrival-DepartureRecord (CBP Form I94).

(6) Bonding. The Secretary mayrequire a bond on behalf of an alienseeking admission under the Guam-CNMI Visa Waiver Program, in addition

to the requirements enumerated in thissection, when the Secretary deems itappropriate. Such bonds may berequired of an individual alien or of anidentified subset of participants.

(7) Maintenance of status. (i)Satisfactory departure. If an emergencyprevents an alien admitted under theGuam-CNMI Visa Waiver Program, asset forth in this paragraph (q), fromdeparting from Guam or the CNMIwithin his or her period of authorizedstay, an immigration officer havingjurisdiction over the place of the alienstemporary stay may, in his or her

discretion, grant a period of satisfactorydeparture not to exceed 15 days. Ifdeparture is accomplished during thatperiod, the alien is to be regarded ashaving satisfactorily accomplished thevisit without overstaying the allottedtime.

(8) Inadmissibility and Deportability.(i) Determinations of inadmissibility. (A)An alien who applies for admissionunder the provisions of the Guam-CNMIVisa Waiver Program, who isdetermined by an immigration officer to

be inadmissible to Guam or the CNMI

under one or more of the grounds ofinadmissibility listed in section 212 ofthe Act (other than for lack of a visa),or who is in possession of and presentsfraudulent or counterfeit traveldocuments, will be refused admissioninto Guam or the CNMI and removed.Such refusal and removal shall beeffected without referral of the alien to

an immigration judge for furtherinquiry, examination, or hearing, exceptthat an alien who presents himself orherself as an applicant for admission toGuam under the Guam-CNMI VisaWaiver Program, who applies forasylum, withholding of removal undersection 241(b)(3) of the INA orwithholding or deferral of removalunder the regulations implementingArticle 3 of the United NationsConvention Against Torture and OtherCruel, Inhuman or Degrading Treatmentor Punishment must be issued a FormI863, Notice of Referral to Immigration

Judge, for a proceeding in accordancewith 8 CFR 208.2(c)(1) and (2). Theprovisions of 8 CFR subpart 208 subpartA shall not apply to an alien present orarriving in the CNMI seeking to applyfor asylum prior to January 1, 2015. Noapplication for asylum may be filedpursuant to section 208 of the Act by analien present or arriving in the CNMIprior to January 1, 2015; however, aliensphysically present in the CNMI duringthe transition period who express a fearof persecution or torture only mayestablish eligibility for withholding ofremoval pursuant to INA 241(b)(3) orpursuant to the regulations

implementing Article 3 of the UnitedNations Convention Against Torture andOther Cruel, Inhuman or DegradingTreatment or Punishment.

(B) The removal of an alien under thissection may be deferred if the alien isparoled into the custody of a Federal,State, or local law enforcement agencyfor criminal prosecution or punishment.This section in no way diminishes thediscretionary authority of the Secretaryenumerated in section 212(d) of the Act.

(C) Refusal of admission under thisparagraph shall not constitute removalfor purposes of the Act.

(ii) Determination of deportability. (A)An alien who has been admitted toeither Guam or the CNMI under theprovisions of this section who isdetermined by an immigration officer to

be deportable from either Guam or theCNMI under one or more of the groundsof deportability listed in section 237 ofthe Act, shall be removed from eitherGuam or the CNMI to his or her countryof nationality or last residence. Suchremoval will be determined by DHSauthority that has jurisdiction over theplace where the alien is found, and will

be effected without referral of the aliento an immigration judge for adetermination of deportability, exceptthat an alien admitted to Guam underthe Guam-CNMI Visa Waiver Programwho applies for asylum or other form ofprotection from persecution or torturemust be issued a Form I863 for aproceeding in accordance with 8 CFR

208.2(c)(1) and (2). The provisions of 8CFR part 208 subpart A shall not applyto an alien present or arriving in theCNMI seeking to apply for asylum priorto January 1, 2015. No application forasylum may be filed pursuant to section208 of the INA by an alien present orarriving in the CNMI prior to January 1,2015; however, aliens physicallypresent or arriving in the CNMI prior to

January 1, 2015, may apply forwithholding of removal under section241(b)(3) of the Act and withholdingand deferral of removal under theregulations implementing Article 3 of

the United Nations Convention AgainstTorture, Inhuman or DegradingTreatment or Punishment.

(B) Removal by DHS under paragraph(b)(1) of this section is equivalent in allrespects and has the same consequencesas removal after proceedings conductedunder section 240 of the Act.

(iii) Removal of inadmissible alienswho arrived by air or sea. Removal of analien from Guam or the CNMI under thissection may be effected using the returnportion of the round trip passagepresented by the alien at the time ofentry to Guam and the CNMI. Suchremoval shall be on the first availablemeans of transportation to the alienspoint of embarkation to Guam or theCNMI. Nothing in this part absolves thecarrier of the responsibility to removeany inadmissible or deportable alien atcarrier expense, as provided in thecarrier agreement.

PART 214NONIMMIGRANT CLASSES

5. The authority citation for part 214is revised to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182,1184, 1186a, 1187, 1221, 1281, 1282, 13011305 and 1372; sec. 643, Pub. L. 104208,110 Stat. 3009708; Pub. L. 106386, 114Stat. 14771480; section 141 of the Compactsof Free Association with the Federated Statesof Micronesia and the Republic of theMarshall Islands, and with the Governmentof Palau, 48 U.S.C. 1901 note, and 1931 note,respectively; Title VII of Pub. L. 110229; 8CFR part 2.

6. Section 214.1 is amended by addingparagraph (c)(3)(viii), to read as follows:

214.1 Requirements for admission,extension, and maintenance of status.

* * * * *(c) * * *



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(3) * * *(viii) Any nonimmigrant admitted

pursuant to the Guam-CNMI VisaWaiver Program, as provided in section212(l) of the Act.

* * * * *

PART 215CONTROLS OF ALIENSDEPARTING FROM THE UNITED

STATES

7. The general authority citation forpart 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. 1379,173132.

8. Section 215.1 is revised byamending paragraphs (e), (g), and (j) toread as follows:

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, theCommonwealth of the Northern MarianaIslands (beginning June 1, 2009), and allother territory and waters, continentaland insular, subject to the jurisdiction ofthe 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 (beginningJune 1, 2009).

* * * * *(j) The termport of departure means

a port in the continental United States,Alaska, Guam, Hawaii, Puerto Rico, theCommonwealth of the Northern MarianaIslands (beginning June 1, 2009), or theVirgin Islands, designated as a port ofentry by the Secretary, or in exceptionalcircumstances such

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