6430 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 

■ 7. In § 3555.302, revise the 

introductory text to read as follows: 

§ 3555.302 Protective advances. 

Lenders may pay the following preliquidation expenses necessary to 

protect the security property and charge 

the cost against the borrower’s account. 

* * * * * 

■ 8. Amend § 3555.303 by: 

■ a. Revising paragraphs (b)(3) 

introductory text and (b)(3)((i) and (iii); 

■ b. Adding paragraph (b)(3)(v); and 

■ c. Revising paragraph (c). 

The revisions and addition read as 

follows: 

§ 3555.303 Traditional servicing options. 

* * * * * 

(b) * * * 

(3) Loan modification plan. A loan 

modification is a permanent change in 

one or more of the terms of a loan that 

results in a payment the borrower can 

afford and allows the loan to be brought 

current. A loan modification must be a 

written agreement. 

* * * * * 

(i) Loan modifications must be a fixed 

interest rate and cannot exceed the 

interest rate of the loan note guarantee 

issued. 

* * * * * 

(iii) If necessary to demonstrate 

repayment ability, the loan term after 

reamortization may be extended for up 

to 30 years from the date of the loan 

modification. 

* * * * * 

(v) The borrower is not required to 

complete a trial payment plan prior to 

making the scheduled payments 

amended by the traditional loan 

servicing loan modification. 

(c) Terms of loan note guarantee. Use 

of traditional servicing options does not 

change the terms of the loan note 

guarantee except when the traditional 

servicing option meets the requirements 

of § 3555.303(b)(3)(iv). The loan 

guarantee will apply to loan terms 

extending beyond the 30 year loan term 

from the date of origination when a loan 

modification meets the criteria set forth 

in § 3555.303(b)(3)(iv). 

■ 8. Amend § 3555.304 by revising 

paragraphs (c) introductory text and 

(c)(1) and (2) to read as follows: 

§ 3555.304 Special servicing options. 

* * * * * 

(c) Extended-term loan modification. 

The Lender may modify the loan by 

reducing the interest rate to a level at or 

below the maximum allowable interest 

rate and extending the repayment term 

up to a maximum of 40 years from the 

date of loan modification. The loan 

guarantee will apply to loan terms 

extending beyond the 30 year loan term 

from the date of origination when a loan 

modification meets the criteria set forth 

in this section. 

(1) The interest rate must be fixed. 

The interest rate cannot exceed the 

interest rate of the loan note guarantee 

issued. When reducing the interest rate, 

the maximum rate is subject to 

paragraph (c)(2) of this section. 

(2) The Agency may establish the 

maximum allowable interest rate by 

publishing a notice of a change in 

interest rate. A notice of change in 

interest rate will be published as 

authorized in Exhibit B of subpart A of 

part 1810 of this chapter (RD Instruction 

440.1, available in any Rural 

Development office) or online at 

http://www.rd.usda.gov/publications/

regulations-guidelines/instructions. If 

the maximum allowable interest rate has 

not been so established, it shall be 50 

basis points greater than the most recent 

Freddie Mac Weekly Primary Mortgage 

Market Survey (PMMS) rate for 30-year 

fixed-rate mortgages (U.S. average) 

rounded to the nearest one-eighth of one 

percent (0.125%), as of the date the loan 

modification is approved. 

* * * * * 

■ 9. Amend § 3555.306 by revising 

paragraphs (c) and (f)(1) to read as 

follows: 

§ 3555.306 Liquidation. 

* * * * * 

(c) Unless State law imposes other 

requirements, the lender may reinstate 

an accelerated account if the borrower 

pays, or makes acceptable arrangements 

to pay, all past-due amounts, any 

protective advances, and any 

foreclosure-related costs incurred by the 

lender. 

* * * * * 

(f) * * * 

(1) The lender must prepare and 

maintain a disposition plan on all 

acquired properties. The lender will 

submit the property disposition plan 

and any subsequent changes for Agency 

concurrence in a timely manner as 

specified by the Agency. The lender 

may obtain a waiver of the concurrence 

requirement as provided for in 

§ 3555.301(h). The plan will include the 

proposed method for sale of the 

property, the estimated value based on 

an appraisal, minimum sale price, 

itemized estimated costs of the sale, and 

any other information that could impact 

the amount of loss on the loan. 

* * * * * 

■ 10. Amend § 3555.307 by revising 

paragraph (c) to read as follows: 

§ 3555.307 Assistance in natural disasters. 

* * * * * 

(c) Special relief measures. The 

servicer must evaluate on an individual 

case-by-case basis a mortgage that is (or 

becomes) seriously delinquent as the 

result of the borrower’s incurring 

extraordinary damages or expenses 

related to the natural disaster. The 

servicer should document its individual 

mortgage file regarding all servicing 

actions taken during this time period. 

The lender must consider all special 

relief alternatives for disaster assistance 

available to the borrower prior to 

suspending collection and foreclosure 

activities. The suspension of servicing 

actions will expire 90 days from the 

declaration date of the natural disaster, 

unless otherwise extended by the 

Agency. 

* * * * * 

Dated: January 4, 2016. 

Tony Hernandez, 

Administrator, Rural Housing Service. 

[FR Doc. 2016–01872 Filed 2–5–16; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 212 

[USCBP–2016–0003; CBP Dec. 16–03] 

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, DHS. 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: This interim final rule revises 

Department of Homeland Security 

regulations to eliminate 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, these nonimmigrants will be 

required to have both a valid passport 

and visa. The Department of State is 

revising its parallel regulations. 

DATES: Effective Date: The effective date 

of the rule is February 19, 2016. 

Comment Date: Comments must be 

received by April 8, 2016. 

ADDRESSES: Please submit comments, 

identified by docket number, by one of 

the following methods: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6431 

1Pursuant to sections 102(a), 441, 1512(d) and 

1517 of the Homeland Security Act of 2002, Public 

Law 107–296, 116 Stat. 2135, 6 U.S.C. 112(a), 251, 

552(d), 557, and 8 CFR 2.1, the authorities of the 

Attorney General, as described in section 212 of the 

INA (8 U.S.C. 1182), were transferred to the 

Secretary of Homeland Security, and the reference 

to the Attorney General in the statute is deemed to 

refer to the Secretary. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2016–0003. 

• Mail: Border Security Regulations 

Branch, Office of International Trade, 

U.S. Customs and Border Protection, 90 

K Street NE., 10th Floor, Washington, 

DC 20229–1177. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. Comments 

submitted will be available for public 

inspection in accordance with the 

Freedom of Information Act (5 U.S.C. 

552) and 19 CFR 103.11(b) on normal 

business days between the hours of 9 

a.m. and 4:30 p.m. at the Border 

Security Regulations Branch, Office of 

International Trade, U.S. Customs and 

Border Protection, 90 K Street NE., 10th 

Floor, Washington, DC. Arrangements to 

inspect submitted comments should be 

made in advance by calling Mr. Joseph 

Clark at (202) 325–0118. 

FOR FURTHER INFORMATION CONTACT: 

Rafael Henry, U.S. Customs and Border 

Protection, Office of Field Operations, 

(202) 344–3251, or via email at 

rafael.e.henry@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Comments 

Interested persons are invited to 

submit written comments on all aspects 

of this interim final rule. U.S. Customs 

and Border Protection (CBP) also invites 

comments on the economic, 

environmental, or federalism effects of 

this rule. We urge commenters to 

reference a specific portion of the rule, 

explain the reason for any 

recommended change, and include data, 

information, or authorities that support 

such recommended change. 

II. Background 

In general, nonimmigrant aliens are 

required to present an unexpired 

passport and a valid unexpired visa in 

order to be admitted to the United 

States. See section 212(a)(7)(B)(i) of the 

Immigration and Nationality Act, as 

amended (INA) (8 U.S.C. 

1182(a)(7)(B)(i)). However, either or 

both of these requirements may be 

waived by the Secretary of Homeland 

Security 1 and the Secretary of State, 

acting jointly, in specified situations, as 

provided in section 212(d)(4) of the INA 

(8 U.S.C. 1182(d)(4)). The Department of 

Homeland Security (DHS) regulations 

list those classes of persons that are not 

required to present a visa (or a passport, 

in some cases). See 8 CFR 212.1. 

The H–2A nonimmigrant 

classification applies to an alien seeking 

to enter the United States to perform 

agricultural labor or services of a 

temporary or seasonal nature in the 

United States. Generally, H–2A 

agricultural workers are required to 

possess and present both a passport and 

a valid unexpired H–2A visa when 

entering the United States. Certain 

residents of the Caribbean, however, are 

exempted by regulation from having to 

possess and present a valid unexpired 

H–2A visa, and only must possess and 

present a valid unexpired passport to be 

admitted to the United States as a 

temporary agricultural worker. 

Specifically, a visa is currently not 

required for H–2A agricultural workers 

who are British, French, or Netherlands 

nationals, or nationals of Barbados, 

Grenada, Jamaica, or Trinidad and 

Tobago, who have their 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. 8 CFR 

212.1(b)(1)(i). Additionally, a visa is 

currently not required for the spouse or 

child accompanying or following to join 

such an H–2A agricultural worker. 8 

CFR 212.1(b)(1)(iii). The current 

regulation also provides that a visa is 

not required for the beneficiary of a 

valid, unexpired indefinite certification 

granted by the Department of Labor 

(DOL) for employment in the U.S. 

Virgin Islands, if the beneficiary is 

proceeding to those islands for such 

purpose and is a British, French, or 

Netherlands national, or 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. The regulation 

also provides that a visa is not required 

for the spouse or child accompanying or 

following to join such a beneficiary. 8 

CFR 212.1(b)(1)(ii)–(iii). Department of 

State (State) regulations also describe 

the visa exemption for these classes of 

Caribbean residents. See 22 CFR 41.2(e). 

However, as discussed below, the 

justification for providing this visa 

exemption for such beneficiaries and 

their spouses and children is now 

obsolete; further, this visa exemption 

creates a security loophole that could be 

exploited by persons who pose a danger 

to the United States. 

The visa exemption for agricultural 

workers from the specified Caribbean 

countries dates back more than 70 years 

and was created primarily to address 

U.S. labor shortages during World War 

II by expeditiously providing a source of 

agricultural workers from the British 

Caribbean to meet the needs of 

agricultural employers in the 

southeastern United States. Given the 

passage of time, this basis for the 

exemption no longer justifies it. 

Since H–2A agricultural workers from 

the specified Caribbean countries are 

exempt from the visa requirement, they 

do not undergo the same visa issuance 

process as H–2A applicants from other 

countries. The absence of a visa 

requirement for these H–2A workers 

means that these individuals do not 

undergo a face-to-face consular 

interview, the adjudication of the 

applicants eligibility and qualification 

for the intended position, screening for 

potential fraudulent employment, and 

the associated fingerprint and security 

checks prior to seeking admission at a 

U.S. port of entry. Further, in the 

absence of the visa requirement, there is 

significantly less advance opportunity 

for the U.S. Government to determine 

whether other requirements for H–2A 

classification, such as the bar to 

collection of prohibited fees from 

prospective H–2 workers, have been 

satisfied. 

DHS, in conjunction with the 

Department of State (‘‘State’’), has 

determined that the nonimmigrant visa 

exemption for these classes of Caribbean 

residents, coming to the United States as 

H–2A agricultural workers or as the 

spouses or children accompanying or 

following these workers, is outdated and 

incongruent with the visa requirement 

for other H–2A agricultural workers 

from other countries. DHS and State 

believe that eliminating the visa 

exemption furthers the national security 

interests of the United States. 

The application of the general visa 

requirement to the class of Caribbean 

agricultural workers described above 

will ensure that these applicants for 

admission, like other H–2A agricultural 

workers, are sufficiently screened via 

State’s visa issuance process prior to 

arrival in the United States. In addition, 

the visa requirement will ensure that 

these persons possess evidence of the 

intended purpose of their stay in the 


asabaliauskas on DSK5VPTVN1PROD with RULES
6432 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 

2See http://www.usembassy.gov/. 

3CBP’s BorderStat Database (internal database), 

accessed November 2, 2015. 4See section 3 of the Virgin Islands 

Nonimmigrant Alien Adjustment Act of 1982, Pub. 

L. 97–271, 96 Stat. 1157, as amended (8 U.S.C. 1255 

note). 

United States upon arrival at a U.S. port 

of entry. This will lessen the possibility 

that persons who pose security risks to 

the United States and other potential 

immigration violators may improperly 

gain admission to the United States. 

Furthermore, extending the visa 

requirement to these Caribbean H–2A 

agricultural workers will allow U.S. 

Government officials to interview 

prospective H–2A workers and will help 

to better ensure that such workers are 

protected from certain employment and 

recruitment-based abuses, including, 

but not limited to, the imposition of fees 

prohibited under 8 CFR 214.2(h)(5)(xi). 

In addition, the visa requirement will 

help ensure that agricultural workers 

have been informed, and are aware of, 

their rights and responsibilities before 

departing from their home countries to 

engage in H–2A agricultural work. See 

8 U.S.C. 1375b. 

As a result of the termination of the 

relevant worker program in the U.S. 

Virgin Islands, DOL no longer grants 

indefinite certifications for employment 

in the U.S. Virgin Islands. See section 3 

of the Virgin Islands Nonimmigrant 

Alien Adjustment Act of 1982, Public 

Law 97–271, 96 Stat. 1157, as amended 

(8 U.S.C. 1255 note). Therefore, the visa 

exemption for certain Caribbean 

residents for the beneficiary of a valid, 

unexpired indefinite certification 

granted by DOL for employment in the 

U.S. Virgin Islands, if the beneficiary 

was proceeding to those islands for such 

purpose, or for the spouse or child 

accompanying or following to join such 

a beneficiary, set forth in 8 CFR 

212.1(b)(1)(ii)–(iii), is now obsolete. 

Accordingly, DHS, in conjunction 

with State, is eliminating the visa 

exemption for these Caribbean H–2A 

agricultural workers and the spouses or 

children accompanying or following 

these workers. 8 CFR 212.1(b)(1). This 

means that, in addition to a valid 

passport, these nonimmigrant aliens are 

now required to obtain a nonimmigrant 

visa prior to traveling to the United 

States. In order to obtain a visa, these 

nonimmigrant aliens will have to 

submit a visa application to and appear 

for an interview at the applicable U.S. 

embassy 2 or consulate, and undergo 

Department of State’s visa screening 

process. Additionally, DHS, in 

conjunction with State, is eliminating 

the obsolete visa exemption for the 

beneficiaries of DOL indefinite 

certifications for employment in the 

U.S. Virgin Islands and their spouses 

and children. State is publishing a 

parallel amendment to 22 CFR 41.2(e) in 

the Federal Register. 

As a result of the elimination of 8 CFR 

212.1(b)(1), current 8 CFR 212.1(b)(2) is 

being redesignated as 8 CFR 212.1(b). 

DHS is also making a technical 

correction updating the language in 

current 8 CFR 212.1(b)(2)(ii)(C) referring 

to ‘‘a current Certificate of Good 

Conduct issued by the Royal Virgin 

Islands Police Department’’ to refer to ‘‘a 

current certificate issued by the Royal 

Virgin Islands Police Force’’ in new 8 

CFR 212.1(b)(2)(iii). 

III. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

The implementation of this rule as an 

interim final rule, with provisions for 

post-promulgation public comments, is 

based on the good cause exception 

found in section 553 of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)(B)). There is reasonable 

concern that publication of the rule as 

a proposed rule, which would permit 

continuation of the current visa 

exemption, could lead to an increase in 

applications for admissions in bad faith 

by persons who would otherwise have 

been denied visas and are seeking to 

avoid the visa requirement and consular 

screening process during the period 

between the publication of a proposed 

and a final rule. Accordingly, DHS finds 

that it is impracticable and contrary to 

the public interest to publish this rule 

with prior notice and comment period. 

Under the good cause exception, this 

rule is exempt from the notice and 

comment and delayed effective date 

requirements of the APA. 

In addition, DHS is of the opinion that 

eliminating the visa exemption and 

requiring a visa for Caribbean H–2A 

agricultural workers, and the spouses or 

children accompanying or following 

these workers, is a foreign affairs 

function of the U.S. Government under 

section 553(a) of the APA (5 U.S.C. 

553(a)). As this rule implements this 

function, DHS is of the opinion that this 

rule is also exempt from the notice and 

comment and 30-day delayed effective 

date requirements of the APA by virtue 

of the foreign affairs exception in 5 

U.S.C. 553(a)(1). DHS is nevertheless 

providing the opportunity for the public 

to provide comments. 

B. Executive Orders 13563 and 12866 

Executive Orders 13563 and 12866 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. DHS is of 

the opinion this rule is not subject to the 

requirements of Executive Orders 13563 

and 12866, due to the foreign affairs 

exception described above. However, 

DHS has nevertheless reviewed the 

interim final rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

those Executive Orders. 

Currently, British, French, and 

Netherlands nationals and nationals of 

Barbados, Grenada, Jamaica, and 

Trinidad and Tobago, who have their 

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, are not required 

to obtain a visa before traveling to the 

United States as H–2A agricultural 

workers. This rule would require these 

prospective H–2A agricultural workers 

to obtain a visa prior to travel to the 

United States. Any spouses or children 

of these workers will also now have to 

obtain a visa before being brought to the 

United States. Since more than 99 

percent of such workers 3 came from 

Jamaica, our analysis will focus on that 

country. This rule will also eliminate 

the visa exemption for workers in the 

U.S. Virgin Islands pursuant to an 

unexpired indefinite certification 

granted by DOL. Because these 

certifications have been obsolete for 

many years,4 eliminating them will have 

no effect on the economy; hence, we 

will exclude this provision for the 

remainder of the analysis. 

Data on the number of visa 

applications Jamaican travelers would 

need to obtain as a result of this rule is 

not available. A USCIS database tracks 

the number of petitions for H–2A 

workers from Jamaica, but does not 

include the spouses or children who 

would now also need visas to travel to 

the United States. A CBP database tracks 

the number of Jamaican nationals 

arriving under the H–2A program, but 

counts multiple arrivals by a single 

person as separate arrivals. For the 

purposes of this analysis, we use the 

number of petitions as our primary 

estimate of the number of visas that 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6433 

5Communication with USCIS on August 7, 2014. 

6CBP’s BorderStat Database (internal database), 

accessed August 4, 2014. 

7 Derived from International Labor Association’s 

LABORSTA Internet Database. Available at http:// 

laborsta.ilo.org/STP/guest. Accessed August 5, 

2014. Our weekly wage estimate (14,826 Jamaican 

Dollars per week) is from the ‘‘Wages, by economic 

activity’’ report for all sectors in 2008. Our weekly 

hours worked estimate (40.7 hours per week) is 

from the ‘‘Hours of work, by economic activity’’ 

report for all sectors in 2008. We converted the 

wage rate to U.S. dollars using the currency 

converter available at http://www.xe.com/

currencyconverter on August 5, 2014. 14,826 

Jamaican Dollars divided by 40.7 hours per week, 

multiplied by 0.008913 Jamaican dollars per U.S. 

dollar = $3.25 U.S. dollars per hour. 

would be needed under this rule. We 

use the number of total travelers from 

Jamaica under the H–2A program to 

illustrate the upper bound of costs that 

could result from this rule. 

Employers petitioned on behalf of an 

annual average of 165 workers from 

Jamaica under this program from FY 

2011–2013,5 and an annual average of 

4,010 Jamaicans arrived during that time 

period,6 which includes arrivals by H– 

2A agricultural workers as well as their 

spouses and children. This number also 

includes multiple arrivals in the same 

year by the same individuals. Because 

the number of unique individuals 

arriving from Jamaica under the H–2A 

program is not available, we calculate 

costs based on a range of 165 (our 

primary estimate) to 4,010 prospective 

visa applicants. The current 

nonimmigrant visa application 

processing fee, also called the MachineReadable Visa (MRV) fee, is $190. We 

assume this fee will be paid by the 

employer for the workers and by the 

employees for their spouses and 

children. We estimate that the 

imposition of the fee will cost workers 

or employers in aggregate between 

$31,350 (our primary estimate) and 

$761,900 per year. 

Under this rule, workers would have 

to apply for a visa using Form DS–160 

and undergo an interview at a U.S. 

embassy or consulate prior to traveling 

to the United States. According to the 

Paperwork Reduction Act estimate for 

Form DS–160, the Department of State 

estimates that the visa application takes 

1.25 hours to complete. The interview 

itself typically lasts approximately 5–10 

minutes; however, when accounting for 

potential wait time, the interview 

process may take up to 2 hours. Since 

the only U.S. embassy in Jamaica is in 

Kingston, visa applicants may have to 

travel up to 3.5 hours each way to 

appear for an interview, depending on 

their location. We therefore assume that 

filling out the D–160, traveling to and 

from the embassy for the visa interview, 

and the visa interview itself will require 

a total of 10.25 hours of the applicant’s 

time. To the extent the actual time 

burden to travel to and from the 

interview is less than we estimated, 

costs would be lower. Using the average 

Jamaican wage rate of $3.25/hour 7 and 

a range of 165 to 4,010 workers per year, 

we estimate the cost of the time to 

Jamaican nationals in aggregate as a 

result of this rule to be between $5,497 

(our primary estimate) and $133,583 per 

year. Combining this with the cost of the 

visa application fee, we estimate that 

the total annual cost of this rule is 

between $36,847 and $895,483. 

We are unable to quantify the benefits 

of this rule; therefore we discuss the 

benefits qualitatively. Requiring these 

prospective H–2A agricultural workers 

to obtain visas will ensure that they are 

properly screened prior to arrival in the 

United States. This will lessen the 

possibility that a person who poses a 

security risk to the United States and 

other potential immigration violators 

may improperly gain admission to the 

United States. DHS has determined that 

visitors from the countries affected by 

this rule are not a lower security risk 

than those coming from other countries; 

therefore, CBP believes that they should 

be subject to the same screening prior to 

arriving at their port of entry. Also, 

prescreening and appearing before 

consular officers will provide greater 

opportunities to ensure compliance 

with DHS and DOL H–2A rules, 

including those regulatory provisions 

prohibiting charging fees to workers in 

connection with or as a condition of 

their employment or recruitment. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires an 

agency to prepare a regulatory flexibility 

analysis that describes the effect of a 

proposed rule on small entities when 

the agency is required to publish a 

general notice of proposed rulemaking. 

A small entity may be a small business 

(defined as any independently owned 

and operated business not dominant in 

its field that qualifies as a small 

business per the Small Business Act); a 

small not-for-profit organization; or a 

small governmental jurisdiction 

(locality with fewer than 50,000 people). 

Because this interim final rule is exempt 

from notice and comment rulemaking 

under 5 U.S.C. 553, a regulatory 

flexibility analysis is not required. 

List of Subjects in 8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

Amendments to Regulations 

Part 212 of title 8 of the Code of 

Federal Regulations is amended as set 

forth below: 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANT; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 1. The general authority citation for 

part 212 and the sectional authority 

citation for § 212.1(q) continue to read 

as follows: 

Authority: 8 U.S.C. 1101 and note, 1102, 

1103, 1182 and note, 1184, 1187, 1223, 1225, 

1226, 1227, 1255, 1359; 8 U.S.C. 1185 note 

(section 7209 of Public Law 108–458); 8 CFR 

part 2. 

Section 212.1(q) also issued under section 

702, Public Law 110–229, 122 Stat. 754, 854. 

■ 2. In § 212.1, revise paragraph (b) to 

read as follows: 

§ 212.1 Documentary requirements for 

nonimmigrants. 

* * * * * 

(b) Nationals of the British Virgin 

Islands. A visa is not required of a 

national of the British Virgin Islands 

who has his or her residence in the 

British Virgin Islands, if: 

(1) The alien is seeking admission 

solely to visit the Virgin Islands of the 

United States; or 

(2) At the time of embarking on an 

aircraft at St. Thomas, U.S. Virgin 

Islands, the alien meets each of the 

following requirements: 

(i) The alien is traveling to any other 

part of the United States by aircraft as 

a nonimmigrant visitor for business or 

pleasure (as described in section 

101(a)(15)(B) of the Act); 

(ii) The alien satisfies the examining 

U.S. immigration officer at the port-ofentry that he or she is clearly and 

beyond doubt entitled to admission in 

all other respects; and 

(iii) The alien presents a current 

certificate issued by the Royal Virgin 

Islands Police Force indicating that he 

or she has no criminal record. 

* * * * * 

Date: January 19, 2016. 

Jeh Charles Johnson, 

Secretary of Homeland Security. 

[FR Doc. 2016–02488 Filed 2–4–16; 4:15 pm] 

BILLING CODE 9111–14–P 


asabaliauskas on DSK5VPTVN1PROD with RULES