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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Rules and Regulations]               
[Page 47460-47462]
From the Federal Register Online via GPO Access []



22 CFR Part 41

[Public Notice 4439]

Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act

AGENCY: Department of State

ACTION: Final rule.


SUMMARY: The Department is amending its regulations to add two new 
nonimmigrant symbols to the nonimmigrant classification table. The 
amendments are necessary to implement recently enacted legislation. On 
November 2, 2002, the President signed into law the ``Border Commuter 
Student Act of 2002''. This legislation creates two new nonimmigrant 
visa classifications (F3 and M3) for citizens and residents of Mexico 
or Canada who seek to commute into the United States for the purpose of 
attending an approved F or M school. This rule adds these new 
classifications to the

[[Page 47461]]

Department's regulatory list of nonimmigrant visa classifications.

DATES: Effective date: This rule takes effect August 11, 2003.

Regulations Division, Visa Services, Department of State, Washington, 
DC 20522-0106, 202-663-1206.


What Is the Background for These New Visa Classifications?

    Prior to the September 11 terrorist attacks on the United States, 
Canadian and Mexican citizens living in their home countries, but 
traveling back and forth across the border to take part-time classes in 
the United States were admitted into the country as visitors. However, 
due to security concerns in the aftermath of the attacks, the 
Immigration and Naturalization Service (INS), now the Department of 
Homeland Security (DHS), stopped admitting these part-time students as 
DHS held that they were not eligible for admittance to the United 
States as visitors, since their purpose was to attend class. They also 
were not eligible for either F1 (academic) or M1 (non-academic or 
vocational) visas because these classifications require students to 
attend class on a full-time basis.
    The ``Border Commuter Student Act of 2002'', Public Law 107-274, 
creates new visa classifications for Canadian and Mexican citizens and 
residents who seek to commute to the United States for the purpose of 
full-time or part-time study at a DHS-approved school. These students 
(classified F3 and M3) are permitted to study on either a full-time or 
part-time basis. The family members of border commuter students are not 
entitled to derivative F2 or M2 status.

How Is the Department Amending Its Regulations?

    The rule amends the nonimmigrant visa classification table at 22 
CFR 41.12 by adding new classifications: F3 and M3.

Regulatory Analysis and Notices

Administrative Procedure Act

    The implementation of this rule as a final rule is based upon the 
``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and 
553(d)(3). The Department has determined that since the new 
nonimmigrant classifications became effective upon enactment of the 
Border CommuterStudent Act of 2002 and since there is substantial 
immediate benefit to many aliens, there is not sufficient reason to 
delay its implementation. Additionally, this rule does not make changes 
in current policy with respect to the admission of border commuter 
students, but provides for a proper classification for such students. 
The Department has determined that adherence to the notice and comment 
period normally required under 5 U.C. 553(b) would cause disruption in 
the studies of these students.

Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and the 
Department of State hereby certifies that it is not expected to have a 
significant economic impact on a substantial number of small entities.

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 in any 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.

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 United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order.

Executive Order 13132

    This regulation 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 section 6 
of ExecutiveOrder 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports and visas.


1. The authority citation for Part 41 continues to read as follows:8 
U.S.C. 1104, Pub. L. 105-277, 112 Stat. 2681-795 through 2681-801.

2. Amend the table in Sec.  41.12 by adding new categories F3 and M3 in 
alpha-numeric order to read as follows:

Sec.  41.12  Classification symbols.

* * * * *

   Symbol            Class                     Section of law

                              * * * * * * *
F-3........  Canadian or Mexican    101(a)(15)(F)(iii).
              national commuter

                              * * * * * * *
M-3........  Canadian or Mexican    101(a)(15)(M)(iii).
              national commuter
              student (Vocational
              student or other
              nonacademic student).

[[Page 47462]]

                              * * * * * * *

    Dated: July 22, 2003.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 03-20390 Filed 8-8-03; 8:45 am]

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