[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 7989-7990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3982]
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Rules and Regulations
Federal Register
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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
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Federal Register / Vol. 64, No. 32 / Thursday, February 18, 1999 /
Rules and Regulations
[[Page 7989]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 212
[INS No. 1956-98]
RIN 1115-AF28
Nonimmigrant Visa Exemption for Certain Nationals of the British
Virgin Islands Entering the United States Through St. Thomas, United
States Virgin Islands
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule amends the Immigration and Naturalization Service's
(Service) regulations to allow nonimmigrant visitors for business or
pleasure who are nationals of the British Virgin Islands (BVI) to apply
for admission to the United States (U.S.) at the port-of-entry of St.
Thomas, U.S. Virgin Islands, without nonimmigrant visas. Since the
Department of State closed its post in Antigua in 1994, all BVI
residents requiring nonimmigrant visas must either travel to, or mail
their applications to, the consular post at Bridgetown, Barbados, the
nearest visa-issuing location. The Service's action will facilitate
travel to the United States for certain nationals of the BVI while
still ensuring the proper application of the provisions of the
Immigration and Nationality Act (Act).
DATES: Effective date: This interim rule is effective February 18,
1999.
Comment date: Written comments must be submitted on or before April
19, 1999.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW, Room 5307, Washington, DC
20536. To ensure proper handling, please reference INS No. 1956-98 on
your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT:
William Plunges, Senior Immigration Inspector, Inspections Division,
Immigration and Naturalization Service, 425 I Street, NW, Room 4064,
Washington, DC 20536, telephone (202) 616-7992.
SUPPLEMENTARY INFORMATION:
Why will certain nationals of the British Virgin Islands no longer
require nonimmigrant visas to enter the United States?
Due to budgetary constraints, the Department of State has closed
several visa-issuing posts worldwide in recent years, including the
consulate at St. John's, Antigua, which served residents of the BVI.
Consequently, nationals of the BVI who require nonimmigrant visas must
either travel to the nearest visa-issuing location, Bridgeton,
Barbados, if their need for travel is immediate, or mail their
applications for visas to the consular post if time allows. The
government of the BVI requested that some accommodation be made to
improve this situation, since neither passports nor visas are required
of nationals of the United States who enter the BVI. Section 212(d)(4)
of the Immigration and Nationality Act authorizes the Attorney General
and Secretary of State acting jointly to waive the documentary
requirements for certain nonimmigrants on the basis of reciprocity with
respect to nationals of foreign contiguous territories or adjacent
islands and residents thereof having a common nationality with such
nationals. After a joint study, the Department of State and the Service
have decided to allow nonimmigrant visitors for business or pleasure
who are nationals of the BVI to apply for admission to the United
States without nonimmigrant visas and without limitation as to their
ultimate destination within the United States, provided that they make
such an application for admission at the port-of-entry of St. Thomas,
United States Virgin Islands.
How will the regulations be changed?
Currently, Sec. 212.1(b) allows a national of the BVI to enter into
the U.S. Virgin Islands without a nonimmigrant visa, provided the
individual does not proceed from the U.S. Virgin Islands to any other
part of the United States. If the individual desires to proceed to any
other part of the United States, he or she must be in possession of a
valid nonimmigrant visa and passport.
This interim rule amends Sec. 212.1(b) by removing the restriction
preventing such an individual from entering into any other part of the
United States, provided he or she departs from the U.S. Virgin Islands
through the port of embarkation at St. Thomas, is proceeding directly
by aircraft to another part of the United States, is admissible as a
nonimmigrant visitor for business or pleasure, and presents a current
Certificate of Good Character issued by the Royal Virgin Islands Police
Department indicating that he or she has no criminal record. Any other
national of the BVI who is applying for admission as a nonimmigrant and
plans to proceed beyond the U.S. Virgin Islands must be in possession
of a valid unexpired nonimmigrant visa. The Department of State will be
issuing simultaneous regulations published elsewhere in this issue of
the Federal Register.
Good Cause Exception
The Service's implementation of this rule as an interim rule, with
provisions for post-promulgation public comments, is based upon the
``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). The
reasons and the necessity for immediate implementation of this interim
rule without prior notice and comment are as follows: this interim rule
relieves a restriction, does not impose a new burden, and is beneficial
to the traveling public and United States businesses which are
patronized by persons benefiting from this rule. This rule also is
beneficial to the effective operation of the United States Government,
specifically, the Department of State which is relieved from issuing
thousands of nonimmigrant visas.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service in
accordance with the Regulatory
[[Page 7990]]
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities. This rule
affects individual visitors to the United States by removing the
requirement of securing a nonimmigrant visa prior to entry into the
United States beyond the U.S. Virgin Islands.
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. 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
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, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order 12612
The regulation adopted herein 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 12612, it is determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
Accordingly, part 212 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
1. The authority citation for part 212 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
2. In Sec. 212.1, paragraph (b) is revised to read as follows:
Sec. 212.1 Documentary requirements for nonimmigrants.
* * * * *
(b) Certain Caribbean residents. (1) British, French, and
Netherlands nationals, and nationals of certain adjacent islands of the
Caribbean which are independent countries. A visa is not required of a
British, French, or Netherlands national, or of a national of Barbados,
Grenada, Jamaica, or Trinidad and Tobago, who has his or her residence
in British, French, or Netherlands territory located in the adjacent
islands of the Caribbean area, or in Barbados, Grenada, Jamaica, or
Trinidad and Tobago, who:
(i) Is proceeding to the United States as an agricultural worker;
(ii) Is the beneficiary of a valid, unexpired indefinite
certification granted by the Department of Labor for employment in the
Virgin Islands of the United States and is proceeding to the Virgin
Islands of the United States for such purpose, or
(iii) Is the spouse or child of an alien described in paragraph
(b)(1)(i) or (b)(1)(ii) of this section, and is accompanying or
following to join him or her.
(2) Nationals of the British Virgin Islands. A visa is not required
of a national of the British Virgin Islands who has his or her
residence in the British Virgin Islands, if:
(i) The alien is seeking admission solely to visit the Virgin
Islands of the United States; or
(ii) At the time of embarking on an aircraft at St. Thomas, U.S.
Virgin Islands, the alien meets each of the following requirements:
(A) The alien is traveling to any other part of the United States
by aircraft as a nonimmigrant visitor for business or pleasure (as
described in section 101(a)(15)(B) of the Act);
(B) The alien satisfies the examining U.S. Immigration officer at
the port-of-entry that he or she is clearly and beyond a doubt entitled
to admission in all other respects; and
(C) The alien presents a current Certificate of Good Conduct issued
by the Royal Virgin Islands Police Department indicating that he or she
has no criminal record.
* * * * *
Dated: February 10, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-3982 Filed 2-17-99; 8:45 am]
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