31444 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 2, 2018 (83 FR 14203). 

Copies of the proposed rule were also 

mailed or sent via facsimile to all 

Florida citrus handlers. The proposal 

was made available through the internet 

by USDA and the Office of the Federal 

Register. A 30-day comment period 

ending May 3, 2018, was provided for 

interested persons to respond to the 

proposal. One comment was received 

during the comment period. The 

commenter was in favor of the 

regulation. Accordingly, no changes will 

be made to the rule as proposed, based 

on the comment received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

rules-regulations/moa/small-businesses. 

Any questions about the compliance 

guide should be sent to Richard Lower 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangerines, Pummelos. 

For the reasons set forth in the 

preamble, 7 CFR part 905 is amended as 

follows: 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND PUMMELOS 

GROWN IN FLORIDA 

■ 1. The authority citation for part 905 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 905.235 is revised to read 

as follows: 

§ 905.235 Assessment rate. 

On and after August 1, 2017, an 

assessment rate of $0.02 per 4⁄5-bushel 

carton or equivalent is established for 

Florida citrus covered under the Order. 

Dated: July 2, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–14514 Filed 7–5–18; 8:45 a.m.] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 930 

[Doc. No. AMS–SC–17–0047; SC17–930–1 

FR] 

Tart Cherries Grown in the States of 

Michigan, et al.; Revision of Exemption 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the Cherry 

Industry Administrative Board (Board) 

to revise the exemption provisions for 

tart cherries grown in Michigan, New 

York, Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin. This rule 

changes the number of years that new 

product, new market development, and 

market expansion projects are eligible 

for handler diversion credit. This action 

also permits handlers to apply for 

previously awarded projects if the 

original handler has not begun the 

project within a year of approval and 

provides an expedited approval option 

for some market expansion activities. 

This final rule also contains a formatting 

change to subpart references to bring the 

language into conformance with the 

Office of Federal Register requirements. 

DATES: Effective August 6, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Regional 

Director, Southeast Marketing Field 

Office, Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (863) 324– 

3775, Fax: (863) 291–8614, or Email: 

Jennie.Varela@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW, STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Richard.Lower@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule, pursuant to 5 U.S.C. 553, amends 

regulations issued to carry out a 

marketing order as defined in 7 CFR 

900.2(j). This final rule is issued under 

Marketing Order No. 930, as amended (7 

CFR part 930), regulating the handling 

of tart cherries grown in the States of 

Michigan, New York, Pennsylvania, 

Oregon, Utah, Washington, and 

Wisconsin. Part 930 (referred to as the 

‘‘Order’’) is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Board locally administers the Order and 

is comprised of growers and handlers 

operating in the production area, and 

one public member. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

13563 and 13175. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. Additionally, 

because this rule does not meet the 

definition of a significant regulatory 

action, it does not trigger the 

requirements contained in Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017, titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule changes the number of 

years that new product, new market 

development, and market expansion 

projects are eligible for handler 

diversion credit from three years to five 

years. This action also permits handlers 

to apply for previously awarded projects 

if the original handler has not made a 


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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 31445 

shipment within a year of approval and 

provides an expedited approval option 

for some market expansion activities. 

These changes are intended to 

encourage participation in new product, 

new market development, and market 

expansion, expand demand, and make 

the approval process more efficient. The 

Board unanimously approved these 

changes at a meeting on May 3, 2017. 

The Secretary approves these 

recommendations. 

Section 930.59 authorizes the 

Secretary to implement handler 

diversion. When volume regulation is in 

effect, handlers may fulfill any 

restricted percentage requirement in full 

or in part by acquiring diversion 

certificates or by voluntarily diverting 

cherries or cherry products in a program 

approved by the Board, rather than 

placing cherries in an inventory reserve. 

Section 930.159 specifies methods of 

handler diversion, including using 

cherries or cherry products for exempt 

purposes prescribed under § 930.162. 

Section 930.162 establishes the terms 

and conditions of exemption that must 

be satisfied for handlers to receive 

diversion certificates for exempt uses. 

Section 930.162(b) defines the activities 

which qualify for exemptions under 

new product, new market development, 

and market expansion, and the period 

for which they are eligible for diversion 

credit. New products include foods or 

other products in which tart cherries or 

tart cherry products are incorporated 

which are not presently being produced 

on a commercial basis. New market 

development and market expansion 

activities include, but are not limited to, 

sales of cherries into markets that are 

not yet commercially established, 

product line extensions, and 

segmentation of markets along 

geographic or other definable 

characteristics. 

The Order provides for the use of 

volume regulation to stabilize prices 

and improve grower returns during 

periods of oversupply. At the beginning 

of each season, the Board examines 

production and sales data to determine 

whether a volume regulation is 

necessary and, if so, announces free and 

restricted percentages to limit the 

volume of tart cherries on the market. 

Free percentage cherries can be used to 

supply any available market, including 

domestic markets for pie filling, water 

packed, and frozen tart cherries. 

Restricted percentage cherries can be 

placed in reserve or be used to earn 

diversion credits as prescribed in 

§§ 930.159 and 930.162. These activities 

include, in part, the development of 

new products, new market development 

and market expansion, as well as 

charitable contributions, and the 

development of export markets. 

Changes in the domestic tart cherry 

market have provided challenges to the 

industry, particularly competition from 

imported cherry products. In the last 

five years, there has been a large 

increase in the volume of imported tart 

cherry products, especially tart cherry 

juice. The Board sees this juice market 

as a potential opportunity to expand 

domestic sales. The Board assigned a 

series of committees to look into the 

growing juice market, examine the 

impact of imports on the overall 

domestic market, and recommend 

actions that could help domestic 

handlers capture market share. As a 

result, the Board determined that the 

use of diversion credit for new markets 

and market expansion would be a 

valuable way to reach the developing 

juice market that is not currently 

utilizing domestic cherries. 

The Board believes the development 

of new products, new markets, and 

expansion of current markets is an 

important part of the future success of 

the domestic industry. These projects 

are intended to help expand the market 

for tart cherries and increase demand. 

The Board sees the use of diversion 

credits as a way to encourage these 

activities using restricted fruit that may 

otherwise be stored or destroyed. 

However, creating new products or 

establishing sales in new markets can be 

costly and time consuming. In 2015, the 

Board increased the eligibility for 

diversion credit from one year to a 

three-year duration for new market and 

market expansion projects and saw 

participation rise. In discussing this 

change, Board members indicated that 

three years still did not provide 

handlers sufficient time to develop and 

recoup the costs and resources needed 

to establish one of these projects. The 

Board believes extending the 

availability of diversion credits from 

three years to five years will provide an 

incentive for handlers to develop new 

products, new markets, or to expand 

current markets. 

Further, the Board believes that 

allowing handlers to apply for 

previously approved projects that the 

original handler has not fulfilled creates 

additional opportunities and promotes 

project development. Under the Order’s 

regulations, diversion credit for new 

products and new markets can be issued 

for tart cherries for products or markets 

not yet commercially established. 

Consequently, the Board’s 

administrative policy was that once a 

handler received approval for a project, 

that handler maintained the right to 

commercially develop that project for 

up to three years. However, the Board 

found that sometimes a handler 

received approval for a project but never 

started it. The Board recommended that 

if the handler does not start the project, 

it should still be considered a new 

product, new market, or market 

expansion activity, and other handlers 

should be able to apply for the 

previously approved project. 

With this change, a handler has one 

year to begin the new product, new 

market, or market expansion project 

with the opportunity to appeal for an 

additional six months if necessary to 

start the project. If the handler does not 

make a shipment and does not request 

an extension, other handlers can apply 

to develop the project. The Board 

believes this will encourage handlers to 

start projects or create the opportunity 

for another handler to apply for the 

project if the original handler cannot, or 

chooses not to, proceed. 

Finally, the Board recommended an 

expedited option so that diversion 

credit for some market expansion 

projects can be approved once the sales 

information is verified by Board staff, 

rather than review by a subcommittee. 

Adding this flexibility to the approval 

process will make it faster for diversion 

applicants. 

Currently, all types of new market, 

new product, and market expansion 

projects are reviewed by an appointed 

subcommittee, which can take 

considerable time. In hope of handlers 

participating in these activities, the 

Board recognized the need to make the 

approval process faster so that decisions 

on applications are not delayed. In the 

case of market expansion projects, some 

tart cherry handlers are competing to 

source buyers not currently using 

domestic tart cherries rather than 

developing a new product. The Board 

believes these transactions are vital to 

expanding sales of tart cherries. The 

Board recommended an expedited 

option for these market expansion 

projects. Diversion credit for these 

transactions will be approved once a 

statement from a buyer of its intent to 

use domestic tart cherries in products 

not currently supplied by the domestic 

market is sent to and verified by Board 

staff, rather than after review by the 

Board subcommittee. The Board 

believes this will expedite the approval 

process for diversion requests. 

The Secretary finds, from the 

recommendation and supporting 

information supplied by the Board, that 

changing the number of years that new 

product, new market development, and 

market expansion projects are eligible 

for handler diversion credit tends to 


sradovich on DSK3GMQ082PROD with RULES
31446 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 

effectuate the declared policy of the Act 

and so approves these changes. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

rule on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 600 

producers of tart cherries in the 

regulated area and approximately 40 

handlers of tart cherries who are subject 

to regulation under the Order. Small 

agricultural producers are defined by 

the Small Business Administration 

(SBA) as those having annual receipts of 

less than $750,000, and small 

agricultural service firms have been 

defined as those whose annual receipts 

are less than $7,500,000 (13 CFR 

121.201). 

According to the National 

Agricultural Statistics Service and 

Board data, the average annual grower 

price for tart cherries during the 2016– 

17 season was approximately $0.273 per 

pound. With total utilization at around 

323.1 million pounds for the 2016–17 

season, the total 2016–17 crop value is 

estimated at $88.2 million. Dividing the 

crop value by the estimated number of 

producers (600) yields an estimated 

average receipt per producer of 

$147,000. This is well below the SBA 

threshold for small producers. In 2016, 

The Food Institute estimated a free on 

board (f.o.b.) price of $0.83 per pound 

for frozen tart cherries, which make up 

the majority of processed tart cherries. 

Multiplying the f.o.b price by total 

utilization of 323.1 million pounds 

results in an estimated handler-level tart 

cherry value of $268 million. Dividing 

this figure by the number of handlers 

(40) yields estimated average annual 

handler receipts of $6.7 million, which 

is below the SBA threshold for small 

agricultural service firms. Assuming a 

normal distribution, the majority of 

producers and handlers of tart cherries 

may be classified as small entities. 

This rule revises § 930.162 by 

changing the number of years that new 

product, new market development, and 

market expansion projects are eligible 

for handler diversion credit from three 

years to five years. This action also 

permits handlers to apply for previously 

awarded projects if the original handler 

has not made a shipment within one 

year of approval, and provides an 

expedited approval option for some 

market expansion activities. These 

changes are intended to encourage 

handlers to participate in new product, 

new market, and market expansion 

activities, to expand demand, and make 

the approval process more efficient. The 

authority for these actions is provided 

in § 930.59. 

It is not anticipated that this rule will 

impose additional costs on handlers or 

growers, regardless of size. Rather, this 

action should help handlers receive 

better returns on their new market 

development and market expansion 

projects by extending the time period 

that handlers can receive diversion 

credit for those activities. This provides 

more opportunity for handlers to 

recover the time and resources required 

to establish these projects. 

In addition, extending the number of 

years that these marketing projects are 

eligible for diversion credits may 

provide incentive for handlers to 

develop these programs and may enable 

additional sales, which could improve 

returns for growers and handlers. Board 

members indicated that three years does 

not provide handlers enough time to 

develop and recover the costs and 

resources needed to implement one of 

these projects. The Board expects 

increasing the time frame will provide 

an incentive for additional handlers to 

participate in these exempt activities. 

Additionally, the changes open up the 

opportunity for another handler if the 

original handler does not carry out an 

approved project. Creating a longer 

window for use of restricted fruit and 

making the process accessible to more 

handlers should help the industry in its 

efforts to expand demand. 

Finally, this action changes the 

process by which handlers receive 

approval for market expansion projects 

that involve tart cherry handlers 

competing to source buyers not 

currently using domestic tart cherries. 

The Board believes this will help 

expand sales of tart cherries. The Board 

recommended that diversion credit for 

these sales transactions be approved 

once the sales information is verified by 

Board staff, rather than after review by 

the subcommittee. The Board believes 

this will expedite the approval process 

for these types of diversion requests. 

The Board does not believe that these 

changes significantly impact the 

calculations for free and restricted 

percentages. These changes are intended 

to facilitate projects that create future 

sales opportunities. The effects of this 

rule are not expected to be 

disproportionately greater or less for 

small handlers or producers than for 

larger entities. 

Regarding alternatives to this action, 

the Board considered a number of 

options in its discussion, including 

leaving the length of time that new 

product, new market, and market 

expansion programs are eligible for 

handler diversion credit unchanged. 

However, given the increased 

participation rate since the time period 

was extended in 2015 and the Board’s 

desire to quickly open up opportunities 

for handlers, the Board preferred to 

expand the opportunity for diversion 

credits for these projects. Therefore, the 

alternatives were rejected. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0177, Tart 

Cherries Grown in the States of 

Michigan, New York, Pennsylvania, 

Oregon, Utah, Washington, and 

Wisconsin. No changes in those 

requirements are necessary as a result of 

this action. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large tart cherry 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Further, the Board’s meetings were 

widely publicized throughout the tart 

cherry industry, and all interested 

persons were invited to attend the 

meeting and participate in Board 

deliberations. Like all Board meetings, 

the May 3, 2017, meeting was a public 

meeting, and all entities, both large and 

small, were able to express their views 

on this issue. 

A proposed rule concerning this 

action was published in the Federal 


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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 31447 

Register on January 2, 2018 (83 FR 77). 

Copies of the proposed rule were sent 

via email to Board members and tart 

cherry handlers. The proposed rule was 

made available through the internet by 

USDA and the Office of the Federal 

Register. A 30-day comment period 

ending February 1, 2018, was provided 

to allow interested persons to respond 

to the proposal. 

Two comments were received. Both 

commenters urged adoption of the 

changes, noting the Board had worked 

hard on this proposal and had listened 

to the industry as part of the process. 

Accordingly, no changes will be made 

to the rule as proposed, based on the 

comments received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

rules-regulations/moa/small-businesses. 

Any questions about the compliance 

guide should be sent to Richard Lower 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation of the 

Board and other available information, 

it is hereby found that this rule, as 

hereinafter set forth, will tend to 

effectuate the declared policy of the Act. 

List of Subjects in 7 CFR Part 930 

Marketing agreements, Reporting and 

recordkeeping requirements, Tart 

cherries. 

For the reasons set forth in the 

preamble, 7 CFR part 930 is amended as 

follows: 

PART 930—TART CHERRIES GROWN 

IN THE STATES OF MICHIGAN, NEW 

YORK, PENNSYLVANIA, OREGON, 

UTAH, WASHINGTON, AND 

WISCONSIN 

■ 1. The authority citation for part 930 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

[Subpart Redesignated as Subpart A] 

■ 2. Redesignate ‘‘Subpart—Order 

Regulating Handling’’ as ‘‘Subpart A— 

Order Regulating Handling’’. 

[Subpart Redesignated as Subpart B 

and Amended] 

■ 3. Redesignate ‘‘Subpart— 

Administrative Rules and Regulations’’ 

as subpart B and revise the heading to 

read as follows: 

Subpart B—Administrative 

Requirements 

■ 4. In § 930.162: 

■ a. Revise the sentences at the end of 

paragraphs (b)(1) and (b)(2); 

■ b. Redesignate paragraphs (c)(3),(4), 

and (5) as paragraphs (c)(4),(5), and (6); 

■ c. Add new paragraph (c)(3); and 

■ d. Add paragraph (h). 

The revisions and additions read as 

follows: 

§ 930.162 Exemptions. 

* * * * * 

(b) * * * 

(1) * * * In addition, the maximum 

duration of any credit activity is five 

years from the date of the first shipment. 

(2) * * * In addition, shipments of 

tart cherries or tart cherry products in 

new market development and market 

expansion outlets are eligible for 

handler diversion credit for a period of 

five years from the handler’s date of the 

first shipment into such outlets. 

* * * * * 

(c) * * * 

(3) When applying to the Board for an 

exemption for the use of domestic tart 

cherry products in markets not currently 

served by the domestic industry, 

handlers may provide a verifiable 

statement from the buyer of its intent to 

use domestic tart cherry products to the 

Board staff for review in lieu of review 

by the subcommittee as detailed in 

paragraph (d) of this section. A 

verifiable statement is defined as a 

written statement from the buyer that it 

will use domestic tart cherries in 

products or markets not currently 

supplied by domestic sources, which 

will be reviewed and documented by 

Board staff. 

* * * * * 

(h) Extensions and transfers. (1) If no 

shipments are made within the first year 

of any approved exemption project from 

the date of approval, new applications 

for a similar project (same market or 

product) are eligible for approval; 

provided that, handlers with an 

approved exemption project have the 

opportunity to apply to the 

subcommittee for a six-month extension 

of this time period. 

(2) For projects granted extensions, if 

no shipment is made prior to the end of 

the extension period, new applications 

for the same market or project are 

eligible for approval. 

[Subpart Redesignated as Subpart C] 

■ 5. Redesignate ‘‘Subpart—Assessment 

Rates’’ as ‘‘Subpart C—Assessment 

Rate’’. 

Dated: July 2, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–14516 Filed 7–5–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 212 

[Docket No: USCBP–2016–0003]; [CBP 

Decision No. 18–06] 

RIN 1651–AB09 

Elimination of Nonimmigrant Visa 

Exemption for Certain Caribbean 

Residents Coming to the United States 

as H–2A Agricultural Workers 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This finalizes interim 

amendments to the Department of 

Homeland Security’s (DHS) regulations, 

published in the Federal Register on 

February 8, 2016, that eliminated the 

nonimmigrant visa exemption for 

certain Caribbean residents seeking to 

come to the United States as H–2A 

agricultural workers and the spouses or 

children who accompany or follow 

these workers to the United States. As 

a result of the interim final rule, these 

nonimmigrants are required to have 

both a valid passport and visa. The 

Department of State (DOS) revised its 

regulations in a parallel interim final 

rule and is issuing a parallel final rule 

to adopt all interim changes as final. 

DATES: This rule is effective on August 

6, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie E. Watson, U.S. Customs and 

Border Protection, Office of Field 

Operations, (202) 325–4548, or via email 

at Stephanie.E.Watson@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 8, 2016, DHS published 

an interim final rule (IFR) in the Federal 

Register (81 FR 6430) requiring a 

British, French, or Netherlands national, 

or a national of Barbados, Grenada, 

Jamaica, or Trinidad and Tobago, who 

has his or her residence in British, 

French, or Netherlands territory located 

in the adjacent islands of the Caribbean 

area, or in Barbados, Grenada, Jamaica, 

or Trinidad and Tobago, to obtain a 

valid, unexpired visa if the alien is 

proceeding to the United States as an H– 

2A agricultural worker. The IFR also 


sradovich on DSK3GMQ082PROD with RULES