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Home , B visa, Visa Waiver Program

Friday, January 31, 2003

Part VII

Department of Justice Immigration and Service

8 CFR Parts 212, 231, 235 and 286 Department of State

22 CFR Part 41 Removal of Visa and Waiver for Certain Permanent Residents of and ; Interim Rule

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DEPARTMENT OF JUSTICE Washington, DC, 20536. To ensure subjects in Bermuda. This latter waiver proper handling, please reference the includes citizens of British Immigration and Naturalization Service INS No. 2202–02 on your Commonwealth countries as well as correspondence. You may also submit citizens of Ireland. Nationals of 54 8 CFR Parts 212, 231, 235 and 286 comments electronically to the Service countries who reside in Canada or [INS No. 2202–02] at [email protected]. When submitting Bermuda currently benefit from this comments electronically, please include waiver. Country List ‘‘A’’ following the RIN 1115–AG68 INS No. 2202–02 in the subject box. chart Current versus New Documentary Comments are available for public Requirements lists the British Removal of Visa and Passport Waiver inspection at the above location by Commonwealth countries as of the for Certain Permanent Residents of calling (202) 514–3048 to arrange for an publication date of this regulation. Canada and Bermuda appointment. This rule eliminates the existing AGENCY: Immigration and Naturalization FOR FURTHER INFORMATION CONTACT: waiver for aliens, who are nationals of Service, Justice. Joyce Broughman, Assistant Chief Ireland or the British Commonwealth ACTION: Interim rule with request for Inspector, Office of Inspections, countries listed above, who reside in comments. Immigration and Naturalization Service, either Canada or Bermuda and are not 425 I Street, NW., Room 4064, citizens of Canada or the British SUMMARY: This rule amends the Washington, DC 20536, telephone (202) Overseas Territory of Bermuda. Immigration and Naturalization Service 514–3019. Residents of Canada or Bermuda who (Service) regulations by providing that SUPPLEMENTARY INFORMATION: residents of Canada or Bermuda having are nationals of a designated Visa a common nationality with Canadian Background Waiver country listed in § 217.2(a), who present a valid passport issued by that nationals or with British subjects in Section 212(d)(4)(B) of the country, may continue to be admitted Bermuda will be required to present a Immigration and Nationality Act (Act) without if they are entering the valid passport and visa when applying permits the Attorney General and the for less than 90 days for for admission to the United States. Secretary of State (acting jointly) to business or pleasure. Countries that Nationals of Ireland and British waive the passport and visa have been designated as eligible for the Commonwealth countries, who reside in requirements of section 212(a)(7)(B)(i) of may be found in Canada, will be affected by this change. the Act, 8 U.S.C. 1182(a)(7), for Country List ‘‘B’’ after the chart The Service is taking this action, admission to the United States in ‘‘Current versus New Documentary revoking the prior passport and visa nonimmigrant status. This waiver may Requirements’. exemption for these individuals, in be granted on the basis of reciprocity conjunction with the Department of with respect to nationals of foreign This rule does not alter existing State. (See Department of State contiguous territories or adjacent waivers of passport and visa for regulations published elsewhere in this islands or for residents of those Canadian citizens or for British subjects issue of the Federal Register.) This rule territories or islands who have a in Bermuda. In amending § 212.1(a), it is intended to increase security and common nationality with those is broken into subsections (1) through safeguard the United States. nationals. (4) to make the documentary DATES: Effective date: This rule is Service regulations at 8 CFR 212.1(a) requirements clearer to the reader. This effective March 17, 2003. implement this waiver authority for rule makes no changes to the current Comment date: Written comments Canadian citizens, British subjects in documentary requirements for must be submitted on or before April 1, Bermuda and certain aliens from other Bahamian nationals or British subjects 2003. islands. In addition, the current resident in or British ADDRESSES: Please submit written regulations provide a waiver of the subjects resident in the comments to the Director, Regulations, passport and visa requirements for or in the . Forms and Services Division, residents of Canada or Bermuda who The following chart shows the current Immigration and Naturalization Service, have a common nationality with and new documentary requirements for 425 I Street, NW., Room 4034, citizens of Canada or with British residents of Canada and Bermuda.

CURRENT VERSUS NEW DOCUMENTARY REQUIREMENTS

And the purpose of your visit to If you are: the U.S. (and time of stay, if appli- Then the change this rule makes And you will need the following to cable) is: from current INS regulations is: enter the U.S.:

1. Canadian citizen Non-immigrant visitor (except E– No change from current regula- Identification; If coming from out- 1, E–2—treaty trader—and K–1 tions side the Western Hemisphere a through K–4—spouses and fi- passport is required. (The fol- ance(e)s of U.S. citizens) lowing nonimmigrant classifica- tions require a passport and visa: E–1, E–2, K–1, K–2, K–3, K–4. See INA Section 101(a).) 2. Permanent resident of Canada Non-immigrant ...... Change to now require a valid Valid passport and valid non- or Bermuda who is a citizen of a passport and valid immigrant visa. British Commonwealth country— nonimmingrant visa Country List ‘‘A’’ 3. Citizen of a country participating Non-immigrant visitor for business No change from current regula- Valid passport. in the Visa Waiver Program or pleasure for less than 90 tions (VWP) regardless of place of days residence—Country List ‘‘B’’

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CURRENT VERSUS NEW DOCUMENTARY REQUIREMENTS—Continued

And the purpose of your visit to If you are: the U.S. (and time of stay, if appli- Then the change this rule makes And you will need the following to cable) is: from current INS regulations is: enter the U.S.:

4. Citizen of a country participating Non-immigrant visitor for business No change from current regula- Valid passport and valid visas in in the Visa Waiver Program or pleasure for more than 90 tions. the appropriate classification (VWP) regardless of place of days or for any other non- (Section 101(a)(15) of the INA). residence—Country List ‘‘B’’ immigrant purpose 5. Citizen of the British Overseas Nonimmigrant ...... No change from current regula- Evidence of citizenship; if coming Territory of Bermuda tions from outside the Western Hemi- sphere a passport is required. 6. Citizen of an country, other than Nonimmigrant ...... No change from current regulation Valid passport and valid non-im- Canada or Bermuda, not listed migrant visa. in Country List ‘‘B’’, Visa Waiver Countries

The following list of countries public interest to reconsider the existing Bermuda who are nationals of Ireland or comprises Country List ‘‘A’’—British waiver for such aliens. Because the British Commonwealth countries, who Commonwealth Countries: Antigua and Department of State requires special are entering the United States for Barbuda, , , clearance procedures for nationals of business or pleasure to complete the , , , some countries that are beneficiaries of Form I–94, Arrival/Departure Record. Darussalam, , , the waiver, the Department of State and As a result of the requirement for a , Islands, , , the Service have determined that passport and nonimmigrant visa, , , , , , requiring a passport and visa for these residents of Canada who must present , , , , aliens will provide a higher level of those documents for admission to the , , , security for the United States. Current United States will no longer be eligible , , , , beneficiaries of the waiver include for a Canadian Border Boat Landing , Papua New , , nationals from countries with high rates Permit (Form I–68) described in , , , of documentary and immigration fraud § 235.1(e). United States citizens, , , Sri and abuse and nationals from countries Canadian citizens and those residents of Lanka, St. Kitts and Nevis, St. Lucia, St. with high nonimmigrant refusal rates. In Canada who are nationals of a Vincent and the Grenadines, Swaziland, many cases, documents presented by designated Visa Waiver country listed in The Bahamas, , , beneficiaries of the waiver do not meet § 217.2(a) will continue to be eligible for , , , current document security standards. the Canadian Boat Landing Permit. , United Republic of In view of these determinations, the Service regulations at 8 CFR 286.9(b) , , , and Service is amending its current regarding the payment of a fee for a nonimmigrant documentary regulations Form I–68, Canadian Border Boat The following list of countries in § 212.1(a) to eliminate the passport Landing Permit, § 286.9(b) are being comprises Country List ‘‘B’’—Visa and visa waiver for residents of Canada revised to remove the reference to Waiver Program countries (see 8 CFR or Bermuda who have a common lawful permanent resident of Canada 217.2): , Australia, , nationality with citizens of Canada or having a common nationality with , Brunei, , , with British subjects in Bermuda. Canadians since this group of aliens will , , , Ireland, , Accordingly, such nationals will be no longer be eligible for the program. , , , required to present visas and Good Cause Exception , the , New Zealand, when applying for admission to the , , , United States. The Service also notes The Service’s implementation of this Singapore, , , , that, as a result of eliminating this rule as an interim rule, with provisions , the United Kingdom, and existing waiver, these aliens will now be for post-promulgation public comments, . The United Kingdom refers subject to 8 CFR 235.1(f)(1) and upon is based on the ‘‘good cause’’ exceptions only to British citizens who have the arrival shall be issued, upon payment of found at 5 U.S.C. 553(b)(B). unrestricted right of permanent abode in the appropriate fee for land border Implementation of this rule as an the United Kingdom (England, Scotland, admissions, a Form I–94 Arrival/ interim rule is necessary to ensure the Wales, Northern Ireland, the Channel Departure Record as evidence of the national security needs of the United Islands and the ); it does not terms of their admission. States. Specifically, the implementation refer to British overseas citizens, British of the passport and visa requirement on dependent territories’ citizens, or Other Regulation Changes aliens residing in Canada or Bermuda citizens of British Commonwealth In addition, the Service is changing including those aliens who are nationals countries. the reference to ‘‘British subjects in of countries that require special Bermuda’’ to British Overseas Territory clearance procedures, nationals of Elimination of the Passport and Visa citizens in accordance with the British countries with high rates of Waiver for Nationals of Commonwealth Overseas Territories Act of 2002. documentary and immigration fraud Countries or of Ireland who are In view of the elimination of the and abuse, and nationals from countries Residents of Canada or Bermuda existing passport and visa waiver, this with high nonimmigrant refusal rates, In light of the terrorist attacks of rule makes necessary changes to other will ensure that these applicants for September 11, 2001, the Service, in portions of the regulations. admission are properly screened via the conjunction with the Department of The interim rule amends § 231.1(d) to Department of State’s visa issuance State, has determined that it is in the require the residents of Canada and process prior to arrival at a port-of-entry

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to the United States and possess investment, productivity, innovation, or as well as operational separation of the positive evidence of their identity and on the ability of United States-based inspections enforcement operations the intended purpose of their stay in the companies to compete with foreign- from the immigration service operations United States upon such arrival. This based companies in domestic and associated with Form I–94 applications. will lessen the possibility that persons export markets. $3 million in new collections will fund who pose security risks to the United the annual payroll cost of 48 of Executive Order 12866 States and other potential immigration approximately 74 currently subsidized violators may improperly gain This rule is considered by the inspector positions at land border ports- admission to the United States. There is Department of Justice, Immigration and of-entry. reasonable concern that publication of Naturalization Service to be a As previously stated, the passport and the rule as a proposed rule could lead ‘‘significant regulatory action’’ under visa requirement is being imposed to to an increase in applications for Executive Order 12866, section 3(f), increase security and safeguard the admissions by mala fide non-citizen Regulatory Planning and Review. United States. The events of September residents of Canada or Bermuda seeking Accordingly this regulation has been 11, 2001 resulted in the need to assess to avoid the passport requirement and submitted to the Office of Management and evaluate current practices in order consular screening process during the and Budget for review. to strengthen the law enforcement and period between the publication of a By requiring residents of Canada and security interests of the United States. proposed and a final rule. Accordingly, Bermuda who are citizens of British Requiring permanent residents of the Service finds that it is impracticable Commonwealth countries to have a Canada and Bermuda who are British and contrary to the public interest to passport and nonimmigrant visa to enter Commonwealth nationals to have a publish this rule with prior notice and the United States, they will also be nonimmigrant visa will ensure that comment period. required to complete Form I–94, these applicants for admission are Arrival/Departure Record and pay the properly screened via the Department of Regulatory Flexibility Act appropriate fee, currently $6, at land State’s visa issuance process prior to The Commissioner of the Immigration border ports-of-entry. For those arrival at a port-of-entry to the United and Naturalization Service, in residents who travel frequently from States and possess positive evidence of accordance with the Regulatory Canada to the United States, the Service their identity and the intended purpose Flexibility Act (5 U.S.C. 605(b)), has may issue the Form I–94, Arrival/ of their stay in the United States upon reviewed this regulation and, by Departure Record, allowing multiple such arrival. This will lessen the approving it, certifies that this rule will entries. possibility that potential immigration not have a significant economic impact The Service estimates approximately violators or persons who pose security on a substantial number of small 1 million British Commonwealth risks to the United States may entities. This rule removes the passport nationals are living as permanent improperly gain admission to the and visa waiver for certain residents of residents of Canada, and that there will United States. Canada and Bermuda having a common be approximately 500,000 entries to the Of the 54 countries affected by this nationality with Canadian nationals or United States each year at land border regulation, only 6, Australia, Brunei, with British subjects in Bermuda ports-of-entry. Based on this total Ireland, New Zealand, Singapore and respectively. Residents of Canada or annual estimate of 500,000 entries of the United Kingdom, are eligible for the Bermuda who are affected by the rule British Commonwealth nationals, the Visa Waiver Program. In order to be will be required to obtain a passport and Service anticipates that the additional designated as a participating Visa nonimmigrant visa for entry to the fees collected from Form I–94s, issued Waiver Program country, nationals of United States. This rule will affect to these residents of Canada who are the country must have a low refusal rate individual nonimmigrant aliens who are British commonwealth nationals, may for U.S. visas. In addition, the Attorney not considered small entities as that amount to as much as 3 million dollars General, in consultation with the term is defined in 5 U.S.C. 601(6). per year. Secretary of State must determine that The Service believes inspections the country’s designation for the Visa Unfunded Mandates Reform Act of staffing already planned for the affected Waiver Program would not compromise 1995 land border ports-of-entry will be U.S. law enforcement or national This rule will not result in the sufficient to accommodate the workload security interests, including interests in expenditure by state, local, and tribal that will be generated by the British enforcing immigration laws. governments, in the aggregate, or by the Commonwealth nationals, an no Implementation of this regulation will private sector, of $100 million or more increased staff payroll costs will be align the visa requirement for in any one year, and it will not incurred to inspect and process the permanent residents of Canada or significantly or uniquely affect small 500,000 annual estimated applicants. Bermuda who are nationals of the governments. Therefore, no actions were Because currently planned staffing British Commonwealth countries with deemed necessary under the provisions will be sufficient to accommodate the that of other permanent residents of of the Unfunded Mandates Reform Act increased numbers of applicants, a cost Canada or Bermuda. All permanent of 1995. benefit would accrue from the collection residents of Canada or Bermuda who are of the Form I–94 fee from British not citizens of Canada or Bermuda will Small Business Regulatory Enforcement Commonwealth nationals. The cost require a passport and nonimmigrant Fairness Act of 1996 benefit would result by offsetting part of visa unless they are nationals of a This rule is not a major rule as the current payroll subsidy that is country designated as eligible for the defined by section 804 of the Small required because current Form I–94 fees Visa Waiver Program, in which case Business Regulatory Enforcement Act of do not fully recover the costs of the they will only require a valid passport. 1996. This rule will not result in an associated inspections operations. annual effect on the economy of $100 Therefore, the collection of the fee Executive Order 13132 million or more; a major increase in from British Commonwealth nationals This rule will not have substantial costs or prices; or significant adverse will serve to improve border security direct effects on the States, on the effects on competition, employment, and will also contribute to clearer fiscal relationship between the National

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Government and the States, or on the Accordingly, chapter I of title 8 of the § 231.1 Arrival manifest for passengers. distribution of power and Code of Federal Regulations is amended * * * * * responsibilities among the various as follows: (d) * * * Citizens of Canada or the levels of government. Therefore, in British Overseas Territory of Bermuda accordance with section 6 of Executive PART 212—DOCUMENTARY are not required to complete the Order 13132, it is determined that this REQUIREMENTS: NONIMMIGRANTS; departure portion of the Form I–94 if rule does not have sufficient federalism WAIVERS; ADMISSION OF CERTAIN they are entering the United States for implications to warrant the preparation INADMISSIBLE ALIENS; PAROLE business or pleasure under section of a federalism summary impact 1. The authority citation for part 212 101(a)(15)(B) of the Act, and intend to statement. continues to read as follows: remain in the United States for less than 6 months. Executive Order 12988 Civil Justice Authority: 8 U.S.C. 1101, 1102, 1103, 1182, Reform 1184, 1187, 1225, 1226, 1127; 8 CFR part 2. * * * * * This rule meets the applicable 2. In § 212.1, paragraph (a) is revised PART 235—INSPECTION OF PERSONS standards set forth in sections 3(a) and to read as follows: APPLYING FOR ADMISSION 3(b)(2) of Executive Order 12988. § 212.1 Documentary requirements for 5. The authority citation for part 235 Paperwork Reduction Act nonimmigrants. continues to read as follows: * * * * * Under the Paperwork Reduction Act (a) Citizens of Canada or Bermuda, Authority: 8 U.S.C. 1101, 1103, 1182, 1183, of 1995, Pub. L. 104–13, all Departments 1201, 1224, 1225, 1226, 1227, 1228, 1252; 8 Bahamian nationals or British subjects CFR part 2. are required to submit to the Office of resident in certain islands. Management and Budget (OMB), for (1) Canadian citizens. A passport is 6. Section 235.1 is amended by: review and approval, any reporting or not required except after a visit outside a. Revising paragraph (e) introductory recordkeeping requirements inherent in of the Western Hemisphere. A visa is text; a rule. This rule does not impose any not required. b. Revising paragraph (e)(1)(v); and by new reporting or recordkeeping (2) Citizens of the British Overseas c. Revising the last sentence in requirements under the Paperwork Territory of Bermuda. A passport is not paragraph (e)(5)(ii). Reduction Act. The OMB previously required except after a visit outside of The revisions read as follows: approved the information collection the Western Hemisphere. A visa is not § 235.1 Scope of examination. requirements contained in this rule for required. use. INS has submitted changes to the (3) Bahamian nationals or British * * * * * burden hours with regards to Form I–94, subjects resident in the Bahamas. A (e) U.S. citizens, lawful permanent Arrival/Departure Record and Form I– passport is required. A visa required of residents of the United States, and other 68, Canadian Border Boat Landing such an unless, prior to or at the aliens, entering the United States along Permit. As a result of this regulation, the time of embarkation for the United the northern border, other than at a burden hours associated with Form I–94 States on a vessel or aircraft, the alien port-of-entry. A citizen of Canada or a have increased by 33,000 total annual satisfied the examining U.S. permanent resident of Canada who is a hours. The OMB control number immigration officer at the Bahamas, that national of a country listed in § 217.2(a) associated with Form I–94 collection is he or she is clearly and beyond a doubt of this chapter may, if in possession of 1115–0077. The burden hours entitled to admission, under section a valid, unexpired, Canadian Border associated with Form I–68 have 212(a) of the Immigration and Boat Landing Permit (Form I–68) or decreased by 830 hours. The OMB Nationality Act, in all other respects. evidence of enrollment in any other control number associated with Form I– (4) British subjects resident in the Service Alternative Inspections program 68 is 1115–0065. Cayman Islands or in the Turks and (e.g., the Immigration and Naturalization Service Passenger List of Subjects Caicos Islands. A passport is required. A visa is required of such an alien Accelerated Service System (INSPASS) 8 CFR Part 212 unless he or she arrives directly from or the Port Passenger Accelerated the Cayman Islands or the Turks and Service System (PORTPASS)), enter the Administrative practice and Caicos Islands and presents a current United States by means of a pleasure procedure, Aliens, Immigration, certificate from the Clerk of Court of the craft along the northern border of the Passports and visas, Reporting and Cayman Islands or the Turks and Caicos United States from time-to-time without recordkeeping requirements. Islands indicating no criminal record. further inspection. No persons other 8 CFR Part 231 * * * * * than those described in this paragraph may participate in this program. Air carriers, Aliens, Maritime carriers, PART 231—ARRIVAL-DEPARTURE Permanent residents of Canada who are Reporting and recordkeeping MANIFESTS AND LISTS; SUPPORTING nationals of a designated Visa Waiver requirements. DOCUMENTS Program country listed in § 217.2(a) of 8 CFR Part 235 this chapter must be in possession of a 3. The authority citation for part 231 valid, unexpired passport issued by his Administrative practice and is revised to read as follows: or her country of nationality, and an procedure, Aliens, Immigration, Authority: 8 U.S.C. 1101, 1103, 1182, 1221, unexpired multiple entry Form I–94W, Reporting and recordkeeping 1228, 1229; 8 CFR Part 2. Nonimmigrant Visa Waiver Arrival/ requirements. 4. Section 231.1, is amended by: Departure Form, or an unexpired 8 CFR Part 286 a. Revising the last sentence in passport, valid unexpired United States paragraph (d) introductory text; and by visa and I–94 Arrival/Departure Form. Air carriers, Immigration, Maritime b. Removing paragraphs (d)(1) and When an entry to the United States is carriers, Reporting and recordkeeping (d)(2). made by a person who is a Canadian requirements. The revision reads as follows: citizen or a permanent resident of

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Canada who is a national of a entry to the United States from Canada Washington, DC 20522–0113; or by e- designated Visa Waiver Program as an eligible pleasure boater on a mail to [email protected]. country listed in § 217.2(a) of this designated body of water, must remit FOR FURTHER INFORMATION CONTACT: For chapter, entry may be made under this the required fee at the time of information regarding the publication of program only for a purpose as described application for Form I–68. this regulation under the Administrative in section 101(a)(15)(B)(ii) of the Act as Dated: January 24, 2003. Procedures Act contact Patrick A. a visitor for pleasure. Persons seeking to Michael J. Garcia, Chairge, Legislation and Regulations enter the United States for any other Acting Commissioner, Immigration and Division, Visa Office, Room L603–C, purpose must do so at a port-of-entry Naturalization Service. SA–1, Department of State, Washington, staffed by immigration inspectors. [FR Doc. 03–2164 Filed 1–30–03; 8:45 am] DC 20520–0106, (202) 663–1260; or e- Persons aboard a vessel which has mail:[email protected]. For BILLING CODE 4410–10–P crossed the international boundary information regarding the possible effect between the United States and Canada of this regulation on individual visa and who do not intend to land in the applicants or any group of applicants DEPARTMENT OF STATE United States, other than at a staffed contact the Public Inquiries Division of port-of-entry, are not required to be in 22 CFR Part 41 the Directorate for Visa Services at (202) possession of Form I–68, Canadian 663–1225, or by e-mail to Border Boat Landing Permit, or [Public Notice 4163] [email protected]. evidence of enrollment in an Alternative RIN 1400–AB43 SUPPLEMENTARY INFORMATION: Inspections program merely because they have crossed the international Visas: Removal of Visa and Passport On What Authority Has the Department boundary. However, the Service retains Waiver for Certain Permanent Granted This Waiver? the right to conduct inspections or Residents of Canada and Bermuda Section 212(d)(4)(B) of the examinations of all persons applying for Immigration and Nationality Act (INA), AGENCY: Department of State. admission or readmission to or seeking 8 U.S.C. 1182(d)(4), permits the transit through the United States in ACTION: Interim rule, with request for Secretary of State and the Attorney accordance with the Act. comments. General, acting jointly, to waive the (1) * * * (v) A permanent resident of Canada SUMMARY: This rule amends the passport and visa requirements of who is a national of a Visa Waiver Department of State’s regulation that section 212(a)(7) of the INA, 8 U.S.C. Program may apply for admission allows certain permanent residents of 1182(a)(7). This waiver is granted on the simultaneously with the Form I–68 Canada and Bermuda who share a basis of reciprocity with respect to application and thereby obtain a Form common nationality with nationals of nationals of foreign contiguous I–94 or I–94W. Canada or with British subjects in territories or adjacent islands or for Bermuda to enter the United States residents who have a common * * * * * nationality with those nationals. (5) * * * without a passport or visa. The (ii) * * * Participants who are Department is taking this action in Who Currently Benefits From This permanent residents of Canada who are conjunction with the Immigration and Waiver? Naturalization Service of the nationals of a Visa Waiver Program Currently, subsection (b) of 22 CFR Department of Justice (INS) due to the country listed in § 217.2(a) of this 41.2 benefits Canadian permanent heightened border security concerns chapter must also be in possession of residents who have a common following the events of September 11, proper documentation as described in nationality with Canadians, British 2001. Aliens affected by this change will paragraph (e) of this section. subjects in Bermuda and aliens who hereafter be required to present a * * * * * have a common nationality with such passport and a visa when applying for subjects. The waiver thus includes entry into the United States. The PART 286—IMMIGRATION USER FEE citizens of Commonwealth countries as Department is also changing the well as citizens of Ireland. Nationals of 7.The authority citation for part 286 reference in the current regulation to 54 countries currently benefit from this continues to read as follows: ‘‘British subjects in Bermuda’’. In the waiver. Authority: 8 U.S.C. 1103, 1356; 8 CFR part amended regulation, in accordance with 2. recent legislation adopted by the United Why Is the Department Removing Part 8. Section 286.9 is amended by Kingdom, those persons will instead be of This Waiver? revising paragraph (b)(4). referred to as ‘‘citizens of the Overseas In light of the terrorist attacks of The revision reads as follows: Territory of Bermuda’’. Canadian September 11, 2001, the Department has nationals and citizens of the Overseas § 286.9 Fee for processing applications determined that it is in the public and issuing documentation at land border Territory of Bermuda will retain their interest to reconsider this waiver, in Ports-of-Entry. current waiver privileges. part. Findings from the Department’s * * * * * DATES: Effective Date: This rule is review indicate that some beneficiaries (b) * * * effective 45 days from the date of of the waiver who are lawful permanent (4) A citizen or lawful permanent publication in the Federal Register. residents of Canada or Bermuda include resident alien of the United States or a Comment Date: Interested persons nationals from countries requiring Canadian citizen or permanent resident should submit comments on or before special clearance procedures. of Canada who is a national of a 60 days from date of publication in the Beneficiaries also include nationals designated Visa Waiver Program Federal Register. from countries with high rates of fraud country listed in § 217.2(a) of this ADDRESSES: Submit comments, in and abuse and nationals from countries chapter who requests Form I–68, duplicate, to H. Edward Odom, Chief, with high nonimmigrant refusal rates. In Canadian Border Boat Landing Permit, Legislation and Regulations Division, view of these determinations, the pursuant to § 235.1(e) of this chapter, for Visa Services, Department of State, Department is removing that part of its

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