This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25387 

Vol. 74, No. 101 

Thursday, May 28, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

8 CFR Parts 212, 215, and 235 

19 CFR Parts 4 and 122 

[Docket No. USCBP–2009–0001; CBP Dec. 

No. 09–14] 

RIN 1651–AA77 

Establishing U.S. Ports of Entry in the 

Commonwealth of the Northern 

Mariana Islands (CNMI) and 

Implementing the Guam-CNMI Visa 

Waiver Program; Change of 

Implementation Date 

AGENCY: U.S. Customs and Border 

Protection; DHS. 

ACTION: Technical amendment to 

Interim Final Rule. 

SUMMARY: On January 16, 2009, U.S. 

Customs and Border Protection (CBP) 

published an interim final rule that 

implements section 702 of Title VII of 

the Consolidated Natural Resources Act 

of 2008 (CNRA) by amending CBP 

regulations to replace the current Guam 

Visa Waiver Program with a new GuamCNMI Visa Waiver Program and 

establishing six ports of entry in the 

CNMI. The interim final rule specified 

that CBP would begin operation of this 

program on the statutorily established 

transition program effective date of June 

1, 2009. The interim final rule further 

specified that the existing Guam Visa 

Waiver Program for travel to Guam 

would remain in effect until June 1, 

2009. On March 31, 2009, the Secretary 

of the Department of Homeland Security 

(DHS) announced that she had exercised 

her authority to delay the transition 

program effective date until November 

28, 2009. This technical amendment 

effectuates this delay by changing the 

implementation date of the interim final 

rule from June 1, 2009 to November 28, 

2009. 

DATES: 

Effective Date: This technical 

amendment is effective on May 28, 

2009. 

Implementation Date: Beginning 

November 28, 2009, Customs and 

Border Protection (CBP) will begin 

operation of this program and required 

compliance with the interim final rule 

will begin. The existing Guam Visa 

Waiver Program remains in effect for 

travel to Guam until November 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl C. Peters, Office of Field 

Operations, at (202) 344–1438. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 8, 2008, President George W. 

Bush signed into law the Consolidated 

Natural Resources Act of 2008 (CNRA), 

Public Law 110–229, 122 Stat. 754. 

Section 702(a) of the CNRA extends U.S. 

immigration laws to the CNMI. See 

sections 212 and 214 of the INA, 8 

U.S.C. 1182 and 1184. Section 702(a) of 

the CNRA provides that the Secretary of 

Homeland Security, in consultation 

with the Secretary of the Interior, the 

Secretary of Labor, the Secretary of 

State, the Attorney General, and the 

Governor of the CNMI, may delay the 

transition program effective date for up 

to 180 days. 

Section 702(b) of the CNRA 

authorizes DHS to create a Guam-CNMI 

Visa Waiver Program. On January 16, 

2009, DHS, through CBP, issued an 

interim final rule establishing the 

Guam-CNMI Visa Waiver Program and 

setting forth the requirements for 

nonimmigrant visitors seeking 

admission into Guam or the CNMI 

under the Guam-CNMI Visa Waiver 

Program. See 74 FR 2824. The interim 

final rule provided that beginning June 

1, 2009, DHS would begin operating 

ports-of-entry in the CNMI for 

immigration inspection of arriving 

aliens and to establish departure control 

for certain flights leaving the CNMI. In 

addition, the rule provided that on that 

date, DHS would begin the 

administration and enforcement of the 

Guam-CNMI Visa Waiver Program. The 

interim final rule provided that any 

delay in the implementation date of the 

Guam-CNMI Visa Waiver Program 

would be published in the Federal 

Register. 

After the necessary consultations, the 

Secretary of Homeland Security 

announced on March 31, 2009, the 

delayed transition to full application of 

the CNRA until November 28, 2009. 

Accordingly, this document amends the 

January 16, 2009 interim final rule to 

reflect the new implementation date. 

II. Statutory and Regulatory 

Requirements 

This technical amendment delays the 

implementation date of the Guam-CNMI 

Visa Waiver Program from June 1, 2009 

to November 28, 2009. The interim final 

rule implementing the Guam-CNMI Visa 

Waiver Program provided analysis 

addressing DHS’s statutory and 

regulatory requirements under the 

Administrative Procedure Act (APA), 

Executive Order 12866, Regulatory 

Flexibility Act, Unfunded Mandates 

Reform Act of 1995, Executive Order 

13132, Executive Order 12988, 

Paperwork Reduction Act, and the 

Privacy Act. That analysis is adopted 

and incorporated herein by reference. 

As indicated in the interim final rule, 

pursuant to § 702(b) of the CNRA, the 

implementation of the Guam-CNMI Visa 

Waiver Program is considered a foreign 

affairs function for purposes of section 

553(a) of the APA. Accordingly, this 

technical amendment to the interim 

final rule is statutorily exempt from the 

requirements of the APA. 

List of Subjects 

8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

8 CFR Part 215 

Administrative practice and 

procedure, Aliens, Travel restrictions. 

8 CFR Part 235 

Administrative practice and 

procedure, Aliens, Immigration, 

Reporting and recordkeeping 

requirements. 

19 CFR Part 4 

Customs duties and inspection, 

Reporting and recordkeeping 

requirements, Vessels. 

25388 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

19 CFR Part 122 

Administrative practice and 

procedure, Air carriers, Aircraft, 

Customs duties and inspection, 

Reporting and recordkeeping 

requirements. 

Amendments to the Regulations 

■ For the reasons stated in the preamble, 

DHS amends parts 212, 215 and 235 of 

title 8 of the Code of Federal 

Regulations and parts 4 and 122 of title 

19 of the Code of Federal Regulations as 

set forth below: 

8 CFR Chapter I—Amendments 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANT; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 1. The general authority citation for 

part 212 continues to read as follows: 

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

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

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

7209 of Pub. L. 108–458, as amended by 

section 546 of Pub. L. 109–295). Section 

212.1(q) also issued under section 702, 

Public Law 110–229, 100 Stat. 842. 

§ 212.1 [Amended] 

■ 2. Amend § 212.1, paragraphs (e)(1) 

introductory text and (q)(1) introductory 

text, by removing the date ‘‘June 1, 

2009’’ and adding in its place 

‘‘November 28, 2009’’. 

PART 215—CONTROLS OF ALIENS 

DEPARTING FROM THE UNITED 

STATES 

■ 3. The general authority citation for 

part 215 continues to read as follows: 

Authority: 8 U.S.C. 1101; 1104; 1184; 1185 

(pursuant to Executive Order 13323, 

published January 2, 2004); 1365a note. 1379, 

1731–32. 

§ 215.1 [Amended] 

■ 4. Amend § 215.1, paragraphs (e), 

(g)(9), and (j), by removing the date 

‘‘June 1, 2009’’ and adding in its place 

‘‘November 28, 2009’’. 

PART 235—INSPECTION OF PERSONS 

APPLYING FOR ADMISSION 

■ 5. The authority for part 235 

continues to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1103, 

1183, 1185 (pursuant to E.O. 13323, 

published January 2, 2004), 1201, 1224, 1225, 

1226, 1228, 1365a note, 1379, 1731–32; 8 

U.S.C. 1185 note (section 7209 of Pub. L. 

108–458). 

§ 235.5 [Amended] 

■ 6. Amend § 235.5, paragraph (a), by 

removing the date ‘‘June 1, 2009’’ and 

adding in its place ‘‘November 28, 

2009’’. 

19 CFR Chapter 1—Amendments 

PART 4—VESSELS IN FOREIGN AND 

DOMESTIC TRADES 

■ 7. The general authority for part 4 and 

the specific authority citation for § 4.7b 

continue to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66; 

1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 

App. 3, 91. 

* * * * * 

Section 4.7b also issued under 8 U.S.C. 

1101, 1221; 

* * * * * 

§ 4.7b [Amended] 

■ 8. Amend § 4.7b, paragraph (a), in the 

definition of ‘‘United States,’’ by 

removing the date ‘‘June 1, 2009’’ and 

adding in its place ‘‘November 28, 

2009’’. 

PART 122—AIR COMMERCE 

REGULATIONS 

■ 9. The general authority for part 122 

and the specific authority citation for 

§ 122.49a continue to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 

1431, 1433, 1436, 1448, 1459, 1590, 1594, 

1623, 1624, 1644, 1644a, 2071 note. 

* * * * * 

Section 122.49a also issued under 8 U.S.C. 

1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909. 

* * * * * 

§ 122.49a [Amended] 

■ 10. Amend § 122.49a, paragraph (a), in 

the definition of ‘‘United States,’’ by 

removing the date ‘‘June 1, 2009’’ and 

adding in its place ‘‘November 28, 

2009’’. 

Dated: May 21, 2009. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

[FR Doc. E9–12345 Filed 5–27–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE295; Special Conditions No. 

23–235–SC] 

Special Conditions: Embraer S.A. 

Model EMB–505; Full Authority Digital 

Engine Control (FADEC) System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Embraer S.A. Model 

EMB–505 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with the use of an 

electronic engine control system instead 

of a traditional mechanical control 

system. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is May 20, 2009. We 

must receive your comments by June 29, 

2009. 

ADDRESSES: Mail two copies of your 

comments to: Federal Aviation 

Administration, Small Airplane 

Directorate, Attn: Rules Docket (ACE–7), 

Docket No. CE295, 901 Locust, Room 

301, Kansas City, Missouri 64106. You 

may deliver two copies to the Small 

Airplane Directorate at the above 

address. Mark your comments: Docket 

No. CE295. You may inspect comments 

in the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Room 301, 

Kansas City, Missouri 64106; 816–329– 

4135, fax 816–329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the design approval and 

thus delivery of the affected aircraft. In 

addition, the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include