Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; TN Visas From NAFTA Countries, 7582-7584 [2014-02674]
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7582
Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Rules and Regulations
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8. Importation and Exportation. All
importation and exportation of PB–22,
5F–PB–22, AB–FUBINACA, or ADB–
PINACA must be in compliance with 21
U.S.C. 952, 953, 957, 958, and in
accordance with 21 CFR part 1312 as of
February 10, 2014.
9. Quota. Only registered
manufacturers may manufacture PB–22,
5F–PB–22, AB–FUBINACA, or ADB–
PINACA in accordance with a quota
assigned pursuant to 21 U.S.C. 826 and
in accordance with 21 CFR part 1303.
10. Criminal Liability. Any activity
involving PB-22, 5F-PB-22, ABFUBINACA, or ADB-PINACA not
authorized by, or in violation of the
CSA, occurring as of February 10, 2014
is unlawful, and may subject the person
to administrative, civil, and/or criminal
sanctions.
Regulatory Matters
Section 201(h) of the CSA, 21 U.S.C.
811(h), provides for an expedited
temporary scheduling action where
such action is necessary to avoid an
imminent hazard to the public safety.
As provided in this subsection, the
Attorney General may, by order,
schedule a substance in schedule I on a
temporary basis. Such an order may not
be issued before the expiration of 30
days from (1) the publication of a notice
in the Federal Register of the intention
to issue such order and the grounds
upon which such order is to be issued,
and (2) the date that notice of a
proposed temporary scheduling order is
transmitted to the Assistant Secretary of
HHS. 21 U.S.C. 811(h)(1).
Inasmuch as section 201(h) of the
CSA directs that temporary scheduling
actions be issued by order and sets forth
the procedures by which such orders are
to be issued, the DEA believes that the
notice and comment requirements of
section 553 of the Administrative
Procedure Act (APA), 5 U.S.C. 553, do
not apply to this temporary scheduling
action. In the alternative, even assuming
that this action might be subject to
section 553 of the APA, the Deputy
Administrator finds that there is good
cause to forgo the notice and comment
requirements of section 553, as any
further delays in the process for
issuance of temporary scheduling orders
would be impracticable and contrary to
the public interest in view of the
manifest urgency to avoid an imminent
hazard to the public safety. Further, the
DEA believes that this temporary
scheduling action final order is not a
‘‘rule’’ as defined by 5 U.S.C. 601(2),
and, accordingly, is not subject to the
requirements of the Regulatory
Flexibility Act (RFA). The requirements
for the preparation of an initial
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regulatory flexibility analysis in 5 U.S.C.
603(a) are not applicable where, as here,
the DEA is not required by section 553
of the APA or any other law to publish
a general notice of proposed
rulemaking.
Additionally, this action is not a
significant regulatory action as defined
by Executive Order 12866 (Regulatory
Planning and Review), section 3(f), and,
accordingly, this action has not been
reviewed by the Office of Management
and Budget (OMB).
This action will not have 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, in
accordance with Executive Order 13132
(Federalism) it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Pursuant to section 808(2) of the
Congressional Review Act (CRA), ‘‘any
rule for which an agency for good cause
finds. . .that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest, shall take effect at such time as
the Federal agency promulgating the
rule determines.’’ 5 U.S.C. 808(2). It is
in the public interest to schedule these
substances immediately because they
pose a public health risk. This
temporary scheduling action is taken
pursuant to 21 U.S.C. 811(h), which is
specifically designed to enable the DEA
to act in an expeditious manner to avoid
an imminent hazard to the public safety
from new or designer drugs or abuse of
those drugs. 21 U.S.C. 811(h) exempts
the temporary scheduling order from
standard notice and comment
rulemaking procedures to ensure that
the process moves swiftly. For the same
reasons that underlie 21 U.S.C. 811(h),
that is, the DEA’s need to move quickly
to place these substances into schedule
I because they pose a threat to public
health, it would be contrary to the
public interest to delay implementation
of the temporary scheduling order.
Therefore, in accordance with section
808(2) of the CRA, this order shall take
effect immediately upon its publication.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is amended as follows:
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PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. Amend § 1308.11 by adding
paragraphs (h)(15) through (h)(18) to
read as follows:
■
§ 1308.11
*
Schedule I.
*
*
*
*
(h) * * *
(15) Quinolin-8-yl 1-pentyl-1Hindole-3-carboxylate, its optical,
positional, and geometric isomers, salts
and salts of isomers—7222 (Other
names: PB-22; QUPIC)
(16) Quinolin-8-yl 1-(5-fluoropentyl)1H-indole-3-carboxylate, its optical,
positional, and geometric isomers, salts
and salts of isomers—7225 (Other
names: 5-fluoro-PB-22; 5F-PB-22)
(17) N-(1-amino-3-methyl-1-oxobutan2-yl)-1-(4-fluorobenzyl)-1H-indazole-3carboxamide, its optical, positional, and
geometric isomers, salts and salts of
isomers—7012 (Other names: ABFUBINACA)
(18) N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-pentyl-1H-indazole-3carboxamide, its optical, positional, and
geometric isomers, salts and salts of
isomers—7035 (Other names: ADBPINACA)
Dated: February 5, 2014.
Thomas M. Harrigan,
Deputy Administrator.
[FR Doc. 2014–02848 Filed 2–7–14; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 8627]
RIN 1400–AD29
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act, as Amended; TN
Visas From NAFTA Countries
State Department.
Final rule.
AGENCY:
ACTION:
The Department of State
amends its regulation pertaining to The
North American Free Trade Agreement
(NAFTA), by removing the petition
requirement for citizens of Mexico
applying for nonimmigrant visa
classification as NAFTA professionals.
The rule reflects changes to
documentary requirements authorized
under the Immigration and Nationality
Act, in implementation of NAFTA.
SUMMARY:
E:\FR\FM\10FER1.SGM
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Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Rules and Regulations
This rule is effective February
10, 2014.
FOR FURTHER INFORMATION CONTACT:
Paul-Anthony L. Magadia, U.S.
Department of State, Office of
Legislation and Regulations, CA/VO/L/
R, 600 19th Street NW., SA–17, Room
12–526B, Washington, DC 20522, 202–
485–7641 or magadiapl@state.gov
SUPPLEMENTARY INFORMATION: The
United States, Canada, and Mexico
entered into The North American Free
Trade Agreement, (NAFTA) (Section D
of Annex 1603) in 1994, following
enactment of the NAFTA
Implementation Act (19 U.S.C. 21).
NAFTA includes provisions for the
entry of certain citizens of each
respective signatory country into the
country of either of the two others as
‘‘professionals.’’ To gain entry as
‘‘professionals,’’ such citizens must
meet the qualification criteria for a
profession listed in Appendix 1603.D.1,
and be seeking temporary entry to
engage in a business activity pursuant to
that profession.
Section 214(e)(2) of the Immigration
and Nationality Act (INA) provides for
a citizen of Canada or Mexico, and the
spouse and children, if accompanying
or following to join, to be treated as if
seeking classification, or classifiable, as
a nonimmigrant under INA section
101(a)(15). Section 214(e)(3) of the INA
incorporates commitments made in
NAFTA Appendix 1603.D.4, directing
the Attorney General to establish an
annual numerical limit for citizens of
Mexico seeking temporary entry to
engage in such business activity in the
United States. INA section 214(e)(4)
establishes conditions to be satisfied
before the Secretary of Homeland
Security, as successor to the Attorney
General, may eliminate the numerical
limit. At midnight, on December 31,
2003, the Secretary exercised this
authority, and, as of January 1, 2004,
eliminated the limitation of 5,500 and
the requirement for a petition, which
was needed solely for purposes of
enforcing the limitation. This change to
22 CFR part 41 will provide consistency
in the regulations of both departments
governing temporary entry of NAFTA
professionals.
A citizen of Mexico wishing to come
to the United States in TN classification
no longer needs an approved petition to
meet the qualification requirements, but
may apply directly to the embassy or
consulate abroad for a visa. The
consular officer will adjudicate
eligibility for TN classification and,
upon approval and issuance of a visa,
the applicant may apply to the
Department of Homeland Security for
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DATES:
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admission to the United States under
TN status.
Regulatory Findings
Administrative Procedure Act
The Department of State is of the
opinion that a rulemaking that
implements treaty provisions (in this
case, NAFTA) is a foreign affairs
function of the United States
Government and is exempt from
sections 553 (rulemaking) and 554
(adjudications) of the Administrative
Procedure Act. Since this rule is exempt
from 5 U.S.C. 553, the provisions of
section 553(d) do not apply to this
rulemaking.
In addition, this rulemaking conforms
the Department of State rule to the
corresponding rule administered by the
Department of Homeland Security, 8
CFR 214.6(e). This eliminates
ambiguity; therefore, a notice and
comment period for this rule would be
impractical and unnecessary. This rule
is effective upon publication.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
Because this rule is exempt from
notice and comment rulemaking under
5 U.S.C. 553, it does not require analysis
under the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement
before proposing any rule that may
result in an annual expenditure of $100
million or more by State, local, or tribal
governments, or by the private sector.
This rule will not result in any such
expenditure, nor will it significantly or
uniquely affect small governments.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness 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 adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based companies to
compete with foreign-based companies
in domestic and import markets.
Executive Order 12866
The Department of State has reviewed
this rule to ensure its consistency with
the regulatory philosophy and
principles set forth in Executive Order
12866 and has determined that the
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7583
benefits of this final regulation justify its
costs. The Department of State does not
consider this rule to be an economically
significant action within the scope of
section 3(f)(1) of the Executive Order,
since it is not likely to have an annual
effect on the economy of $100 million
or more or to adversely affect in a
material way the economy, a sector of
the economy, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities.
Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Nor will the rule
have federalism implications warranting
the application of Executive Orders No.
12372 and No. 13132.
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the rule
in light of sections 3(a) and 3(b)(2) of
Executive Order No. 12988 to eliminate
ambiguity, minimize litigation, establish
clear legal standards, and reduce
burden.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
Aliens, Immigration, Nonimmigrant
Visas.
For the reasons stated in the
preamble, 22 CFR part 41 is amended as
follows:
PART 41—[AMENDED]
1. The authority citation for part 41
continues to read as follows:
■
Authority: 8 U.S.C. 1104; Pub. L. 105–277,
112 Stat. 2681–795 through 2681–801; 8
U.S.C. 1185 note (section 7209 of Pub. L.
108–458, as amended by section 546 of Pub.
L. 109–295).
2. Section 41.59 is amended by
revising paragraphs (a)(2), (a)(3), and (b)
and removing paragraph (a)(4).
The revisions read as follows:
■
§ 41.59 Professionals under the North
American Free Trade Agreement.
(a) * * *
(2) The alien shall have presented to
the consular officer sufficient evidence
of an offer of employment in the United
E:\FR\FM\10FER1.SGM
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7584
Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Rules and Regulations
States requiring employment of a person
in a professional capacity consistent
with NAFTA Chapter 16 Annex 1603
Appendix 1603.D.1 and sufficient
evidence that the alien possesses the
credentials of that profession as listed in
said appendix; or
(3) The alien is the spouse or child of
an alien so classified in accordance with
paragraph (a)(2) of this section and is
accompanying or following to join the
principal alien.
(b) Visa validity. The period of
validity of a visa issued pursuant to
paragraph (a) of this section may not
exceed the period established on a
reciprocal basis.
*
*
*
*
*
Dated: January 22, 2014.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2014–02674 Filed 2–7–14; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0037]
Drawbridge Operation Regulation;
Bishop Cut, Near Stockton, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the San Joaquin
County highway bridge, across Bishop
Cut, mile 1.0 near Stockton, CA. The
deviation is necessary to allow PG&E
Company to temporarily interrupt
electric service to the area while
installing new overhead equipment.
This deviation allows the bridge to
remain in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from
8 a.m. to 4 p.m. on February 12, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0037], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
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SUMMARY:
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Monday through Friday, except Federal
holidays.
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
Coast Guard
The
County of San Joaquin Public Works
Department has requested a temporary
change to the operation of the San
Joaquin County highway bridge, mile
1.0, over Bishop Cut, near Stockton, CA.
The drawbridge navigation span
provides approximately 6 feet vertical
clearance above Mean High Water in the
closed-to-navigation position. In
accordance with 33 CFR 117.143, the
draw opens on signal if at least 12 hours
notice is given to the San Joaquin
County Department of Public Works at
Stockton. Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the
closed-to-navigation position from 8
a.m. to 4 p.m. on February 12, 2014 to
allow PG&E Company to install new
overhead equipment in the vicinity.
This temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies, and
Disappointment Slough can be used as
an alternate route for vessels unable to
pass through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
ACTION:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Dated: January 29, 2014.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2014–02815 Filed 2–7–14; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Part 165
[Docket Number-USCG–2013–0994]
RIN 1625–AA87
Security Zone; Mississippi River, New
Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Captain of the Port of
New Orleans (COTP New Orleans),
under the authority of the Magnuson
Act, established a Moving Security Zone
on the Mississippi river from mile
marker 90.0 to mile marker 106.0 above
head of passes (AHP), extending 100
yards in all directions from vessels
being escorted by one or more Coast
Guard asset or other federal, state, or
local law enforcement agency assets.
The COTP New Orleans will inform the
public of the existence or status of the
security zones around escorted vessels
in the regulated area by Marine Safety
Information Bulletins or Broadcast
Notice to Mariners. This moving
security zone is necessary to protect
vessels deemed to be in need of escort
protection by the COTP New Orleans for
security reasons.
DATES: This rule is effective in the
Federal Register on February 10, 2014
and effective with actual notice for
purposes of enforcement on December
31, 2013 through April 14, 2014.
ADDRESSES: Documents indicated in this
preamble are parts of docket [USCG–
2013–0994] and are available online at
www.regulations.gov. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
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 FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Commander
(LCDR) Kelly Denning, Sector New
Orleans, at (504) 365–2392 or
Kelly.K.Denning@uscg.mil. If you have
questions on viewing the docket, call
Cheryl F. Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
AHP Above Head of Passes
COTP Captain of the Port
E:\FR\FM\10FER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Rules and Regulations]
[Pages 7582-7584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02674]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 8627]
RIN 1400-AD29
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended; TN Visas From NAFTA Countries
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State amends its regulation pertaining to
The North American Free Trade Agreement (NAFTA), by removing the
petition requirement for citizens of Mexico applying for nonimmigrant
visa classification as NAFTA professionals. The rule reflects changes
to documentary requirements authorized under the Immigration and
Nationality Act, in implementation of NAFTA.
[[Page 7583]]
DATES: This rule is effective February 10, 2014.
FOR FURTHER INFORMATION CONTACT: Paul-Anthony L. Magadia, U.S.
Department of State, Office of Legislation and Regulations, CA/VO/L/R,
600 19th Street NW., SA-17, Room 12-526B, Washington, DC 20522, 202-
485-7641 or magadiapl@state.gov
SUPPLEMENTARY INFORMATION: The United States, Canada, and Mexico
entered into The North American Free Trade Agreement, (NAFTA) (Section
D of Annex 1603) in 1994, following enactment of the NAFTA
Implementation Act (19 U.S.C. 21). NAFTA includes provisions for the
entry of certain citizens of each respective signatory country into the
country of either of the two others as ``professionals.'' To gain entry
as ``professionals,'' such citizens must meet the qualification
criteria for a profession listed in Appendix 1603.D.1, and be seeking
temporary entry to engage in a business activity pursuant to that
profession.
Section 214(e)(2) of the Immigration and Nationality Act (INA)
provides for a citizen of Canada or Mexico, and the spouse and
children, if accompanying or following to join, to be treated as if
seeking classification, or classifiable, as a nonimmigrant under INA
section 101(a)(15). Section 214(e)(3) of the INA incorporates
commitments made in NAFTA Appendix 1603.D.4, directing the Attorney
General to establish an annual numerical limit for citizens of Mexico
seeking temporary entry to engage in such business activity in the
United States. INA section 214(e)(4) establishes conditions to be
satisfied before the Secretary of Homeland Security, as successor to
the Attorney General, may eliminate the numerical limit. At midnight,
on December 31, 2003, the Secretary exercised this authority, and, as
of January 1, 2004, eliminated the limitation of 5,500 and the
requirement for a petition, which was needed solely for purposes of
enforcing the limitation. This change to 22 CFR part 41 will provide
consistency in the regulations of both departments governing temporary
entry of NAFTA professionals.
A citizen of Mexico wishing to come to the United States in TN
classification no longer needs an approved petition to meet the
qualification requirements, but may apply directly to the embassy or
consulate abroad for a visa. The consular officer will adjudicate
eligibility for TN classification and, upon approval and issuance of a
visa, the applicant may apply to the Department of Homeland Security
for admission to the United States under TN status.
Regulatory Findings
Administrative Procedure Act
The Department of State is of the opinion that a rulemaking that
implements treaty provisions (in this case, NAFTA) is a foreign affairs
function of the United States Government and is exempt from sections
553 (rulemaking) and 554 (adjudications) of the Administrative
Procedure Act. Since this rule is exempt from 5 U.S.C. 553, the
provisions of section 553(d) do not apply to this rulemaking.
In addition, this rulemaking conforms the Department of State rule
to the corresponding rule administered by the Department of Homeland
Security, 8 CFR 214.6(e). This eliminates ambiguity; therefore, a
notice and comment period for this rule would be impractical and
unnecessary. This rule is effective upon publication.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Because this rule is exempt from notice and comment rulemaking
under 5 U.S.C. 553, it does not require analysis under the Regulatory
Flexibility Act.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement before proposing any rule that
may result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private sector. This rule will
not result in any such expenditure, nor will it significantly or
uniquely affect small governments.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness 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 adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based companies to compete with foreign-based companies
in domestic and import markets.
Executive Order 12866
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of this
final regulation justify its costs. The Department of State does not
consider this rule to be an economically significant action within the
scope of section 3(f)(1) of the Executive Order, since it is not likely
to have an annual effect on the economy of $100 million or more or to
adversely affect in a material way the economy, a sector of the
economy, competition, jobs, the environment, public health or safety,
or State, local or tribal governments or communities.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders No. 12372
and No. 13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the rule in light of sections 3(a) and
3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize
litigation, establish clear legal standards, and reduce burden.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 41
Aliens, Immigration, Nonimmigrant Visas.
For the reasons stated in the preamble, 22 CFR part 41 is amended
as follows:
PART 41--[AMENDED]
0
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458, as amended by section 546 of Pub. L. 109-295).
0
2. Section 41.59 is amended by revising paragraphs (a)(2), (a)(3), and
(b) and removing paragraph (a)(4).
The revisions read as follows:
Sec. 41.59 Professionals under the North American Free Trade
Agreement.
(a) * * *
(2) The alien shall have presented to the consular officer
sufficient evidence of an offer of employment in the United
[[Page 7584]]
States requiring employment of a person in a professional capacity
consistent with NAFTA Chapter 16 Annex 1603 Appendix 1603.D.1 and
sufficient evidence that the alien possesses the credentials of that
profession as listed in said appendix; or
(3) The alien is the spouse or child of an alien so classified in
accordance with paragraph (a)(2) of this section and is accompanying or
following to join the principal alien.
(b) Visa validity. The period of validity of a visa issued pursuant
to paragraph (a) of this section may not exceed the period established
on a reciprocal basis.
* * * * *
Dated: January 22, 2014.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2014-02674 Filed 2-7-14; 8:45 am]
BILLING CODE 4710-06-P
