61332 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

§ 121.9 [Amended] 

■ 9. In § 121.9, paragraph (c)(1) is 

amended by removing the words 

‘‘Botulinum neurotoxins,’’ and 

‘‘Francisella tularensis,’’, and by 

removing the words ‘‘Newcastle disease 

virus (velogenic)’’ and adding the words 

‘‘virulent Newcastle disease virus’’ in 

their place. 

Done in Washington, DC, this 3rd day of 

October 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–23887 Filed 10–15–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

8 CFR Parts 214 and 248 

[CIS No. 2429–07; DHS Docket No. USCIS– 

2007–0056] 

RIN 1615–AB64 

Period of Admission and Extension of 

Stay for Canadian and Mexican 

Citizens Engaged in Professional 

Business Activities—TN 

Nonimmigrants 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security (DHS) is amending its 

regulations to allow an increased period 

of admission and extension of stay for 

Canadian and Mexican citizens who 

seek temporary entry to the United 

States as professionals pursuant to the 

TN classification, as established by the 

North American Free Trade Agreement 

(NAFTA or Agreement). This final rule 

increases the maximum allowable 

period of admission for TN 

nonimmigrants from one year to three 

years, and allows otherwise eligible TN 

nonimmigrants to be granted an 

extension of stay in increments of up to 

three years instead of the current 

maximum of one year. In addition, this 

rule grants the same periods of 

admission or extension to TD 

nonimmigrants, the spouses and 

unmarried minor children of TN 

nonimmigrants to run concurrent. The 

rule also removes the mention of 

specific petition filing locations from 

the TN regulations and replaces the 

outdated term ‘‘TC’’ (the previous term 

given to Canadian workers under the 

1989 Canada-United States Free Trade 

Agreement) with ‘‘TN.’’ This rule will 

reduce the administrative burden of the 

TN classification on USCIS, and will 

ease the entry of eligible professionals to 

the United States. 

DATES: This final rule is effective 

October 16, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Paola Rodriguez Hale, Adjudications 

Officer, Business and Trade Services, 

Office of Service Center Operations, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, 20 Massachusetts Avenue, 

NW., 2nd Floor, Washington, DC 20529, 

telephone (202) 272–8410. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. NAFTA and the TN Classification 

NAFTA and the NAFTA 

Implementation Act, Public Law 103– 

182, redesignated section 214(e) of the 

Immigration and Nationality Act (INA) 

to create the ‘‘trade NAFTA’’ (TN) 

nonimmigrant classification and 

provide for the temporary entry of 

qualified business persons from each of 

the countries that signed the Agreement. 

The TN nonimmigrant classification 

permits qualified Canadian and 

Mexican citizens to seek temporary 

entry as business persons to engage in 

professional business activities at a 

professional level in the United States. 

8 CFR 214.6(a). DHS regulations 

currently require that TN 

nonimmigrants may be admitted to the 

United States for a period not to exceed 

one year. 8 CFR 214.6(e). The 

regulations further provide that TN 

professionals may apply for extensions 

of stay for a maximum period of one 

year. 8 CFR 214.6(h)(1). 

B. Proposed Rule 

On May 9, 2008, DHS published a 

notice of proposed rulemaking in the 

Federal Register at 73 FR 26340 

proposing a change in the period of 

admission and extension of stay granted 

to TN nonimmigrants from Canada and 

Mexico engaged in professional 

business activities. The notice also 

proposed granting the same period of 

admission or extension of stay to TN 

dependents (TD nonimmigrants), 

removing outdated references to specific 

filing locations and prior requirements, 

and replacing the outdated term TC 

with the current TN term. Written 

comments to the proposed rule were 

due on or before June 9, 2008. 

In this final rule, DHS is adopting the 

proposed rule with no changes. The 

proposed rule was, and this final rule is, 

intended to improve the administration 

of the TN program and make it more 

flexible and attractive to Canadian and 

Mexican professionals and to employers 

in the United States. Currently, DHS 

regulations require TN nonimmigrants, 

to either seek readmission in TN status 

or apply for extensions of stay annually 

if they wish to remain in the United 

States beyond the period of their initial 

admission. 8 CFR 214.6(h). This 

requirement involves the annual 

submission of documentation and 

payment of filing fees. By removing 

these types of administrative 

requirements on TN employees and 

their U.S. employers, DHS will further 

the intent of NAFTA to facilitate the 

entry of eligible professionals into the 

United States. 

II. Comments Received in Response to 

the Proposed Rule 

DHS received 80 comments in 

response to the proposed rule. The 

majority of commenters (76) supported 

this rulemaking. Many of these 76 

commenters suggested additional 

changes or enhancements to the TN 

classification regulations which were 

not part of the proposed rule. Two 

commenters opposed the proposed rule. 

One of these two commenters asked 

questions about lawful permanent 

residence and educational opportunities 

for aliens in the TN classification, but 

did not express an opinion on the 

proposed rule. The second of these two 

commenters simply complained about a 

perceived slight to U.S. workers 

contained in another public comment. 

Many of the received comments raised 

issues that are beyond the scope of this 

rulemaking but will be mentioned 

briefly as part of this disposition of the 

comments. 

A. Increase to Three Years for 

Admissions and Extensions of Stay 

Comments on period of admission: 

The overwhelming majority of the 

commenters supported increasing the 

period of admission and extensions of 

stay granted to TN nonimmigrants from 

one to three years. Only two 

commenters opposed this proposal 

because they thought that jobs should be 

offered to U.S. workers rather than to 

foreign nationals. One commenter stated 

that the U.S. economy is suffering and 

jobs should thus be reserved for U.S. 

workers. The other commenter stated 

that the United States is presently 

flooded with immigrants and the TN 

program should be shut down while the 

country sorts out the problems with 

illegal immigrants present in the United 

States, and also made additional 

comments about aliens, politicians and 

the U.S. government in general. 


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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61333 

Response to comments on period of 

admission: DHS has not adopted these 

comments in opposition. This rule does 

not make it easier to hire TN 

nonimmigrants by altering eligibility 

requirements, changing existing filing 

fee requirements, or expanding the 

principle of ‘‘dual intent.’’ Rather, this 

rule simply increases the amount of 

time granted to a TN nonimmigrant 

once all eligibility requirements have 

been established. This rule has nothing 

to do with permanent immigration or 

illegal immigrants presently within the 

United States. 

B. Other Comments 

Comments on dual intent: Thirteen 

commenters requested that TN 

nonimmigrants be granted ‘‘dual intent’’ 

and thereby be allowed to pursue 

permanent resident status while present 

in the United States in nonimmigrant 

status similar to the H–1B and L–1 

nonimmigrant programs. 

Response to comments on dual intent: 

The dual intent doctrine holds that even 

though a nonimmigrant visa applicant 

has previously expressed a desire to 

enter the United States as an immigrant, 

and may still have such a desire, that 

does not of itself preclude USCIS from 

issuing a nonimmigrant visa to him or 

her nor preclude his or her being a bona 

fide nonimmigrant. Matter of H-R-, 7 

I&N Dec. 651, 654 (INS Reg. Comm’r 

1958). See also INA section 214(h) 

(limiting dual intent to certain H, L, and 

V nonimmigrants); 8 U.S.C. 1184(h). 

Dual intent cannot be provided solely 

through regulation; it must be 

authorized by statute and it is not 

authorized in the TN nonimmigrant 

context. Furthermore, temporary entry, 

as defined in Chapter 16 of the NAFTA, 

Article 1608, is ‘‘entry into the territory 

of a Party by a business person of 

another Party without the intent to 

establish permanent residence.’’ 

Congressional approval of this Article in 

the NAFTA treaty indicates that 

Congress did not intend TNs to have 

dual intent. Therefore, the commenters’ 

suggestion will not be adopted because 

it is clearly inconsistent with Article 

1608 and Congressional intent. 

Comment on inability of Mexican TN 

nonimmigrants to apply for admission 

at the border: One commenter requested 

that Mexican TN nonimmigrants be able 

to apply for admission at designated 

ports-of-entry similar to Canadian TN 

nonimmigrants. Currently, Mexican 

workers are required to obtain visas 

from the Department of State (DOS) 

before entering the United States. 

Response to comment on inability of 

Mexican TN nonimmigrants to apply for 

admission at the border: DHS 

appreciates the suggestion made by this 

commenter but the suggestion is outside 

the scope of this regulation. This rule 

deals with increasing the period of time 

granted to a TN nonimmigrant upon 

admission or pursuant to a timely filed 

request for extension of stay from a 

maximum of one year to a maximum of 

three years. Any additional regulatory 

changes, including a change to the place 

of admission, exceed the scope of this 

rule The commenter’s suggestion, 

therefore, is not adopted. 

Comment on advance approval of 

Canadian admission requests: One 

commenter requested that Canadian TN 

nonimmigrants be permitted to file 

petitions with USCIS Service Centers for 

admission as an alternative to 

requesting admission at U.S. ports-ofentry, so that applications for TN status 

can be approved in advance of entry 

dates rather than requiring intended 

employees to actually apply for status 

before knowing whether their 

applications will be approved. 

Response to comment on advance 

approval of Canadian admission 

requests: DHS appreciates the 

suggestion made by this commenter. 

However, such reform exceeds the scope 

of the changes in the proposed rule and 

is not adopted in this final rule. The 

suggestion may be considered for future 

rulemaking involving TN 

nonimmigrants. 

Comments on erroneous periods of 

admission: Several commenters 

suggested that some TN nonimmigrants 

have erroneously been admitted for 

three years instead of a validity period 

of one year. Thus, one commenter 

requested that this rule should have a 

retroactive effective date to correct this 

problem. 

Response to comments on erroneous 

periods of admission: DHS understands 

these commenters’ concerns. However, 

TN nonimmigrants who were admitted 

for a period of more than the one-year 

were granted that period of admission in 

violation of 8 CFR 214.6(e) as it existed 

prior to this rulemaking. Petitions must 

be processed in accordance with the 

regulations in effect when submitted, 

and this rule cannot deem those who 

were erroneously granted more than one 

year in the past to meet the 

requirements in this rule by making its 

provisions retroactive. Therefore, the 

commenter’s suggestion was not 

adopted. Each TN nonimmigrant 

erroneously admitted for periods of 

three years prior to the effective date of 

this rulemaking is encouraged to correct 

his or her Form I–94 at a port-of-entry 

or deferred inspection station to ensure 

compliance with existing regulations 

and to ensure that he or she does not 

remain in the U.S. for a period longer 

than is authorized by law. 

Miscellaneous comments: Several 

commenters requested a more 

comprehensive reform of the TN 

regulations to include the following: 

more extensive definitions for the 

positions of Management Consultant 

and Scientific Technician/Technologist; 

increased vigilance against TN fraud; 

the establishment of clear guidelines in 

determining a ‘‘closely related’’ degree; 

an increase in the fee for port-of-entry 

processing of each TN application; a 30- 

day period during which the TN worker 

could enter the U.S. before the 

employment start date and/or remain 

outside the country without having the 

TN status invalidated; and work 

authorization for the spouses of TN 

nonimmigrants. 

Response to miscellaneous comments: 

DHS appreciates the suggestions made 

by the commenters. However, such 

comprehensive reform of the TN 

program exceeds the scope of the 

proposed rule, which was simply 

focused on allowing TN nonimmigrants 

and their employers a more stable and 

predictable period of employment. 

Therefore, the commenters’ suggestions 

are not adopted in this rule. 

III. Regulatory Requirements 

A. Regulatory Flexibility Act 

1. Initial Regulatory Flexibility Analysis 

DHS reviewed this rule in accordance 

with the Regulatory Flexibility Act and 

determined that this rule will reduce 

compliance costs on the regulated 

industries. This rule will reduce 

information collection costs for the 

public, and will reduce USCIS legal 

costs and the amount of fees collected, 

because TN and TD status holders will 

not have to renew their statuses each 

year. There are no provisions in this 

rule that add compliance costs. 

Therefore, DHS certifies that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

2. Final Regulatory Flexibility Analysis 

(FRFA) 

In accordance with 5 U.S.C. 604, DHS 

performed a final regulatory flexibility 

analysis regarding the economic effects 

of this rule on small entities. DHS has 

not identified any duplication, overlap, 

or conflict of this rule with other 

Federal rules. Since DHS does not 

foresee the rule having an economic 

impact on small entities, this rule does 

not put forth significant alternatives to 

minimize impacts. The rule benefits the 

United States by reducing burden in the 

TN nonimmigrant status program. No 


rwilkins on PROD1PC63 with NOTICES
61334 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

cost increases due to the revised 

requirements are expected. USCIS 

invited the public to comment on the 

extent of any potential economic impact 

of this rule on small entities, the scope 

of these costs, a more accurate means for 

defining these costs, and the estimated 

cost to petitioning firms to comply with 

the new requirements. In response to 

those requests, USCIS received no 

comments. Therefore, DHS certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. Accordingly, 

no further regulatory flexibility analysis 

is required. 

B. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

C. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement Act of 

1996. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of U.S.-based companies 

to compete with foreign-based 

companies in domestic and export 

markets. 

D. Executive Order 12866 (Regulatory 

Planning and Review) 

This rule has been designated as a 

‘‘significant regulatory action’’ by the 

Office of Management and Budget 

(OMB) under Executive Order 12866, 

section 3(f), Regulatory Planning and 

Review. Accordingly, an analysis of the 

economic impact of this rule has been 

prepared and submitted to the Office of 

Management and Budget (OMB) for 

review. 

DHS has determined that this rule 

decreases the costs imposed by the TN 

nonimmigrant program on the 

government as well as the public. The 

changes made by this rule will result in 

more satisfaction with the TN program 

among TN nonimmigrants and their 

U.S. employers by increasing program 

flexibility and reducing time and travel 

restrictions. The expected effect is an 

increase in the number of TN 

nonimmigrants in the United States. A 

small economic benefit may result from 

the increased availability of scarce 

workers for U.S. employers in particular 

fields and industries. This rule will 

result in cumulative TN application fees 

decreasing by approximately $2.4 

million per year. In addition, the total 

paperwork burden costs on the public 

will decrease by about 12,225 hours and 

$340,000 as a result of fewer required 

filings. Eventually, DOS and U.S. 

Customs and Border Protection annual 

fee collections from TN nonimmigrants 

will also decrease as a result of this rule. 

A copy of DHS’ complete analysis is 

available in the rulemaking docket for 

this rule at www.regulations.gov, under 

Docket No. USCIS–2007–0056, or by 

calling the information contact listed 

above. 

E. Executive Order 13132 (Federalism) 

This rule will have no substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law 104–13, 109 Stat. 

163 (1995) (PRA), all Departments are 

required to submit to OMB, for review 

and approval, any reporting or 

recordkeeping requirements inherent in 

a rule. This rulemaking does not impose 

any new reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act. However, by requiring 

TN and TD status renewals every three 

years instead of every year, this rule will 

reduce the volume of Form I–129, 

Petition for Nonimmigrant Worker, 

filings, Form I–907, Request for 

Premium Processing Service, filings, 

and Form I–539, Application To 

Extend/Change Nonimmigrant Status, 

filings per year, and so will reduce the 

aggregate paperwork burden on the 

public accordingly. Accordingly, USCIS 

has submitted the OMB Correction 

Worksheets (OMB–83C) to the Office of 

Management and Budget, reducing the 

burden hours and costs associated with 

these forms. 

List of Subjects 

8 CFR Part 214 

Administrative practice and 

procedure, Aliens, Employment, 

Reporting and recordkeeping 

requirements. 

8 CFR Part 248 

Aliens, Reporting and recordkeeping 

requirements. 

■ Accordingly, chapter I of title 8 of the 

Code of Federal Regulations is amended 

as follows: 

PART 214—NONIMMIGRANT CLASSES 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 

1184, 1186a, 1187, 1221, 1258, 1281, 1282, 

1301–1305 and 1372; sec. 643, Public Law 

104–208, 110 Stat. 3009–708; section 141 of 

the Compacts of Free Association with the 

Federated States of Micronesia and the 

Republic of the Marshall Islands, and with 

the Government of Palau, 48 U.S.C. 1901 

note, and 1931 note, respectively; 8 CFR part 

2. 

§ 214.1 [Amended] 

■ 2. Section 214.1 is amended by: 

■ a. Removing the designation ‘‘Cdn 

FTA, Professional’’ and ‘‘TC’’ from the 

list in paragraph (a)(2); 

■ b. Removing the term ‘‘TC’’ and 

adding ‘‘TN’’ in its place in the first 

sentence in paragraph (c)(1). 

■ 3. Section 214.6 is amended by: 

■ a. Revising the section heading and 

revising paragraphs (e), (g), and (h); 

■ b. Redesignating paragraphs (j)(1), 

(j)(2) and (j)(3) as paragraphs (j)(2), (j)(3), 

and (j)(4), respectively; 

■ c. Adding a new paragraph (j)(1); 

■ d. Revising newly redesignated 

paragraphs (j)(2), (j)(3), and (j)(4); and by 

■ e. Revising paragraph (k); 

The addition and revisions read as 

follows: 

§ 214.6 Citizens of Canada or Mexico 

seeking temporary entry under NAFTA to 

engage in business activities at a 

professional level. 

* * * * * 

(e) Procedures for admission. A 

citizen of Canada or Mexico who 

qualifies for admission under this 

section shall be provided confirming 

documentation and shall be admitted 

under the classification symbol TN for 

a period not to exceed three years. The 

conforming document provided shall 

bear the legend ‘‘multiple entry.’’ The 

fee prescribed under 8 CFR 103.7(b)(1) 

shall be remitted by Canadian Citizens 

upon admission to the United States 

pursuant to the terms and conditions of 

the NAFTA. Upon remittance of the 

prescribed fee, the TN applicant for 

admission shall be provided a DHSissued receipt on the appropriate form. 

* * * * * 

(g) Readmission. (1) With a Form I–94. 

An alien may be readmitted to the 


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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61335 

United States in TN classification for 

the remainder of the authorized period 

of TN admission on Form I–94, without 

presentation of the letter or supporting 

documentation described in paragraph 

(d)(3) of this section, and without the 

prescribed fee set forth in 8 CFR 

103.7(b)(1), provided that the original 

intended professional activities and 

employer(s) have not changed, and the 

Form I–94 has not expired. 

(2) Without a valid I–94. If the alien 

seeking readmission to the United States 

in TN classification is no longer in 

possession of a valid, unexpired Form I– 

94, and the period of initial admission 

in TN classification has not lapsed, then 

a new Form I–94 may be issued for the 

period of validity that remains on the 

TN nonimmigrant’s original Form I–94 

with the legend ‘‘multiple entry’’ and 

the alien can then be readmitted in TN 

status if the alien presents alternate 

evidence as follows: 

(i) For Canadian citizens, alternate 

evidence may include, but is not limited 

to, a fee receipt for admission as a TN 

or a previously issued admission stamp 

as TN in a passport, and a confirming 

letter from the United States 

employer(s). 

(ii) For Mexican citizens seeking 

readmission as TN nonimmigrants, 

alternate evidence shall consist of 

presentation of a valid unexpired TN 

visa and evidence of a previous 

admission. 

(h) Extension of stay. (1) Filing. A 

United States employer of a citizen of 

Canada or Mexico who is currently 

maintaining valid TN nonimmigrant 

status, or a United States entity (in the 

case of a citizen of Canada or Mexico 

who is currently maintaining valid TN 

nonimmigrant status and is employed 

by a foreign employer), may request an 

extension of stay, subject to the 

following conditions: 

(i) An extension of stay must be 

requested by filing the appropriate form 

with the fee provided at 8 CFR 

103.7(b)(1), in accordance with the form 

instructions with USCIS. 

(ii) The beneficiary must be 

physically present in the United States 

at the time of the filing of the 

appropriate form requesting an 

extension of stay as a TN nonimmigrant. 

If the alien is required to leave the 

United States for any reason while the 

petition is pending, the petitioner may 

request that USCIS notify the consular 

office where the beneficiary is required 

to apply for a visa or, if visa exempt, a 

DHS-designated port-of-entry where the 

beneficiary will apply for admission to 

the United States, of the approval. 

(iii) An extension of stay in TN status 

may be approved by USCIS for a 

maximum period of three years. 

(iv) There is no specific limit on the 

total period of time an alien may be in 

TN status provided the alien continues 

to be engaged in TN business activities 

for a U.S. employer or entity at a 

professional level, and otherwise 

continues to properly maintain TN 

nonimmigrant status. 

(2) Readmission at the border. 

Nothing in paragraph (h)(1) of this 

section shall preclude a citizen of 

Canada or Mexico who has previously 

been admitted to the United States in 

TN status, and who has not violated 

such status while in the United States, 

from applying at a DHS-designated portof-entry, prior to the expiration date of 

the previous period of admission, for a 

new three-year period of admission. The 

application for a new period of 

admission must be supported by a new 

letter from the United States employer 

or the foreign employer, in the case of 

a citizen of Canada who is providing 

prearranged services to a United States 

entity, which meets the requirements of 

paragraph (d) of this section, together 

with the appropriate filing fee as noted 

in 8 CFR 103.7(b)(1). Citizens of Mexico 

must present a valid passport and a 

valid, unexpired TN nonimmigrant visa 

when applying for readmission, as 

outlined in paragraph (d)(1) of this 

section. 

* * * * * 

(j) * * * (1) The spouse or unmarried 

minor children of a citizen of Canada or 

Mexico admitted in TN nonimmigrant 

status, if otherwise admissible, may be 

admitted initially, readmitted, or 

granted a change of nonimmigrant status 

or an extension of his or her period of 

stay for the same period of time granted 

to the TN nonimmigrant. Such spouse 

or unmarried minor children shall, 

upon approval of an application for 

admission, readmission, change of 

status or extension of stay be classified 

as TD nonimmigrants. A request for a 

change of status to TD or an extension 

of stay of a TD nonimmigrant may be 

made on the appropriate form together 

with appropriate filing fees and 

evidence of the principal alien’s current 

TN status. 

(2) The spouse or unmarried minor 

children of a citizen of Canada or 

Mexico admitted in TN nonimmigrant 

status shall be required to present a 

valid, unexpired TD nonimmigrant visa 

unless otherwise exempt under 8 CFR 

212.1. 

(3) The spouse and unmarried minor 

children of a citizen of Canada or 

Mexico admitted in TN nonimmigrant 

status shall be issued confirming 

documentation bearing the legend 

‘‘multiple entry.’’ There shall be no fee 

required for admission of the spouse 

and unmarried minor children. 

(4) The spouse and unmarried minor 

children of a citizen of Canada or 

Mexico admitted in TN nonimmigrant 

status shall not accept employment in 

the United States unless otherwise 

authorized under the Act. 

(k) Effect of a strike. (1) If the 

Secretary of Labor certifies or otherwise 

informs the Director of USCIS that a 

strike or other labor dispute involving a 

work stoppage of workers is in progress, 

and the temporary entry of a citizen of 

Mexico or Canada in TN nonimmigrant 

status may adversely affect the 

settlement of any labor dispute or the 

employment of any person who is 

involved in such dispute, the United 

States may refuse to issue an 

immigration document authorizing the 

entry or employment of such an alien. 

(2) If the alien has already 

commenced employment in the United 

States and is participating in a strike or 

other labor dispute involving a work 

stoppage of workers, whether or not 

such strike or other labor dispute has 

been certified by the Department of 

Labor, or whether USCIS has been 

otherwise informed that such a strike or 

labor dispute is in progress, the alien 

shall not be deemed to be failing to 

maintain his or her status solely on 

account of past, present, or future 

participation in a strike or other labor 

dispute involving a work stoppage of 

workers, but is subject to the following 

terms and conditions: 

(i) The alien shall remain subject to 

all applicable provisions of the 

Immigration and Nationality Act and 

regulations promulgated in the same 

manner as all other TN nonimmigrants; 

(ii) The status and authorized period 

of stay of such an alien is not modified 

or extended in any way by virtue of his 

or her participation in a strike or other 

labor dispute involving a work stoppage 

of workers; and 

(iii) Although participation by a TN 

nonimmigrant alien in a strike or other 

labor dispute involving a work stoppage 

of workers will not constitute a ground 

for removal, any alien who violates his 

or her status or who remains in the 

United States after his or her authorized 

period of stay has expired will be 

subject to removal. 

(3) If there is a strike or other labor 

dispute involving a work stoppage of 

workers in progress but such strike or 

other labor dispute is not certified under 

paragraph (k)(1) of this section, or 

USCIS has not otherwise been informed 

by the Secretary that such a strike or 


rwilkins on PROD1PC63 with NOTICES
61336 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

labor dispute is in progress, Director of 

USCIS shall not deny a petition or deny 

entry to an applicant for TN status based 

upon such strike or other labor dispute. 

PART 248—CHANGE OF 

NONIMMIGRANT CLASSIFICATION 

■ 4. The authority citation for part 248 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 

8 CFR part 2. 

§ 248.3 [Amended] 

■ 5. Section 248.3 is amended by 

removing the term ‘‘TC’’ and adding the 

term ‘‘TN’’ in its place in the first 

sentence of paragraph (a). 

Dated: September 15. 

Michael Chertoff, 

Secretary. 

[FR Doc. E8–24600 Filed 10–15–08; 8:45 am] 

BILLING CODE 9111–97–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 121, 125, 127, and 134 

RIN 3245–AF40 

The Women-Owned Small Business 

Federal Contract Assistance 

Procedures 

AGENCY: Small Business Administration 

(SBA). 

ACTION: Final rule; correction. 

SUMMARY: The Small Business 

Administration is correcting a Final rule 

that appeared in the Federal Register on 

October 1, 2008. The Final rule amends 

the U.S. Small Business Administration 

(SBA) regulations governing small 

business contracting programs to set 

forth procedures that will govern the 

new Women-Owned Small Business 

(WOSB) Federal Contract Assistance 

Procedures as authorized in the Small 

Business Act. This notice will correct 

the FOR FURTHER INFORMATION CONTACT

section of the rule. 

DATES: Effective October 16, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Dean Koppel, Assistant Director, Policy, 

Planning and Research, Office of 

Government Contracting, (202) 205– 

6460. 

SUPPLEMENTARY INFORMATION: 

In FR Doc. E8–23138 appearing on 

page 56940 in the Federal Register of 

Wednesday, October 1, 2008 (73 FR 

56940), the following correction is 

made: 

1. On Page 56940, revise the FOR

FURTHER INFORMATION CONTACT section to 

read as follows: 

FOR FURTHER INFORMATION CONTACT: 

Dean Koppel, Assistant Director, Policy, 

Planning and Research, Office of 

Government Contracting, (202) 205– 

6460. 

Calvin Jenkins, 

Deputy Associate Administrator for 

Government Contracting and Business 

Development, Associate Administrator/ 

Disaster Assistance. 

[FR Doc. E8–24602 Filed 10–15–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1096; Directorate 

Identifier 2008–NM–158–AD; Amendment 

39–15693; AD 2008–21–09] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–1A11 (CL–600),CL–600– 

2A12 (CL–601), CL–600–2B16 (CL–601– 

3A, CL–601–3R, & CL–604 (Including 

CL–605 Marketing Variant)) Airplanes, 

and Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to all Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 & 

440) airplanes and Model CL–600–1A11 

(CL–600), CL–600–2A12 (CL–601), and 

CL–600–2B16 (CL–601–3A, CL–601–3R, 

and CL–604) airplanes. The existing AD 

currently requires revising the airplane 

flight manuals (AFMs) to include new 

cold weather operations limitations and 

procedures. This AD requires revising 

the AFMs to include a requirement for 

flightcrew training regarding enhanced 

take-off procedures and winter 

operations. This AD results from reports 

of uncommanded roll during take-off. 

We are issuing this AD to prevent 

possible loss of control on take-off 

resulting from even small amounts of 

frost, ice, snow, or slush on the wing 

leading edges or forward upper wing 

surfaces. 

DATES: This AD becomes effective 

October 31, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 31, 2008. 

On April 21, 2008 (73 FR 19989, April 

14, 2008), the Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in this AD. 

We must receive any comments on 

this AD by November 17, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Bombardier, Inc., 

Canadair, Aerospace Group, P.O. Box 

6087, Station Centre-ville, Montreal, 

Quebec H3C 3G9, Canada. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Valentine, Aerospace Engineer, 

Systems and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7328; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On April 2, 2008, the FAA issued AD 

2008–08–06, amendment 39–15458 (73 

FR 19989, April 14, 2008). That AD 

applies to all Bombardier Model CL– 

600–2B19 (Regional Jet Series 100 & 

440) airplanes and Model CL–600–1A11 

(CL–600), CL–600–2A12 (CL–601), and 

CL–600–2B16 (CL–601–3A, CL–601–3R, 

and CL–604) airplanes. That AD 

requires revising the airplane flight 

manuals (AFMs) to include new cold 

weather operations limitations and 


rwilkins on PROD1PC63 with NOTICES