Good Cause Exception

Implementation of this rule as an interim rule with an immediate effective date and with provision for post-promulgation public comments is based upon the "good cause" exceptions found at 5 U.S.C. 553(b)(B) and (d)(1). The reasons for immediate implementation of this interim rule are as follows: This rule removes a restriction on travel within the State of Arizona for Mexican nationals who meet all the requirements for legal entry into the United States. The removal of this restriction is intended to facil itate travel within the State of Arizona, and to expand commercial activity in Tucson and in smaller towns between Tucson and the United States and Mexico border. Delaying the elimination of this restriction would be unnecessary and contrary to the public interest.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities. The city of Tucson estimates that the change in regulation will greatly expand commercial activity in the city and in smaller towns between Tucson and the border. City officials estimate the commercial gain from Mexi can Visitors will reach $56.3 million a year. Although this rule will likely have some economic impact on small entities, the impact should not be substantial. This rule is intended to increase commercial activity for small and large entities in the United States.

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 1 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. The 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, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

Executive Order 12866

This rule is not considered by the Department of Justice, Immigration and Naturalization Service, to be a "significant regulatory action" under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB).

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 Executive Order 13132,it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Executive Order 12988 Civil Justice Reform

This interim rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 235

Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements.

Accordingly, part 235 of chapter I of Title 8 of the Code of Federal Regulations is amended as follows:

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

1. The authority citation for part 235 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225, 1226, 1227, 1228, 1252; 8 CFR part 2.

2. Section 235.1 is amended by:

a. Revising paragraph (f)(1)(iii);

b. Removing the period at the end of paragraph (f)(1)(iv), and adding in its place ``; or'' and by

c. Adding a new paragraph (f)(1)(v), to read as follows:

§ 235.1 Scope of examination.

* * * * *

(f) * * *

(1) * * *

(iii) Except as provided in paragraph (f)(1)(v) of this section, any Mexican national who is exempt from a visa and passport pursuant to § 212.1(c)(1) of this chapter, or who is in possession of a passport and valid visa who is admitted as a nonimmigrant visitor for a period not to exceed 72 hours to visit within 25 miles of the border;

* * * * *

(v) Any Mexican national who is exempt from a visa and passport pursuant to § 212.1(c)(1) of this chapter, or is in possession of a passport and valid visa who is admitted as a nonimmigrant visitor at the Mexican border POEs in the State of Arizona at Sasabe, Nogales, Mariposa, Naco, or Douglas for a period not to exceed 72 hours to visit within the State of Arizona and within 75 miles of the border.

* * * * *

December 2, 1999 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.