[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Rules and Regulations]
[Pages 15855-15856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7450]
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Rules and Regulations
Federal Register
________________________________________________________________________
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
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules
and Regulations
[[Page 15855]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 217
[INS No. 1685-95]
RIN 1115-AB93
Visa Waiver Pilot Program; Ireland
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: The Immigration and Naturalization Service (Service) amends
its regulations by extending the Visa Waiver Pilot Program to permit
nationals of Ireland to apply for admission to the United States for
ninety (90) days or less as nonimmigrant visitors for business or
pleasure without first obtaining a nonimmigrant visa. This action will
facilitate travel to the United States.
DATES: This interim rule is effective April 1, 1995. Written comments
are invited and must be received on or before May 30, 1995.
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. 1685-95 on
your correspondence. Comments will be available for public inspection
at this location by calling (202) 514-3048 to arrange an appointment.
FOR FURTHER INFORMATION CONTACT:
Ronald J. Hays, Assistant Chief Inspector, Inspections Division,
Immigration and Naturalization Service, 425 I Street NW, Room 7228,
Washington, DC 20536, Telephone number: (202) 514-0912.
SUPPLEMENTARY INFORMATION: Section 313 of the Immigration Reform and
Control Act of 1986 (IRCA), Pub. L. 99-603, added section 217 to the
Immigration and Nationality Act (Act) which established the
nonimmigrant Visa Waiver Pilot Program. The Visa Waiver Pilot Program
waives the nonimmigrant visa requirement for the admission of certain
aliens to the United States for a period not to exceed ninety (90)
days. That original provision authorized the participation of eight
countries in the Pilot Program. Initially, the United Kingdom was the
only country designated to receive these benefits for its nationals.
Japan, having agreed to reciprocal treatment for United States citizens
entering Japan under similar circumstances, was added as a designated
country under the Pilot Program effective December 15, 1988. France,
the Federal Republic of Germany, Italy, the Netherlands, Sweden, and
Switzerland, having met all of the requirements for participation in
the Visa Waiver Pilot Program, were added later as designated countries
participating in the Pilot Program. This action was accomplished by the
Secretary of State and the Attorney General, acting jointly through
their designees, in a final rule published at 54 FR 27120-27121, on
June 27, 1989.
The Immigration Act of 1990, (IMMACT 90), Pub. L. 101-649, dated
November 29, 1990, revised the Visa Waiver Pilot Program as set forth
in section 313 of IRCA by removing the eight-country cap and extending
its provisions to all countries that met the qualifying provisions of
the Visa Waiver Pilot Program and were designated by the Secretary of
State and the Attorney General as Pilot Program countries thereunder.
Section 201 of IMMACT 90 also extended the period of the pilot program
until September 30, 1994, for the eight Pilot Program countries already
designated under IRCA, as well as for any additional Pilot Program
countries that were designated under the law, as amended, subject to
their continued qualification.
As a result of these amendments to section 217 of the Act, Andorra,
Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, Luxembourg,
Monaco, New Zealand, Norway, San Marino, and Spain, having met all of
the requirements for participation in the nonimmigrant Visa Waiver
Pilot Program, were added, effective October 1, 1991. (56 FR 46716).
Subsequently, Brunei was added, effective July 29, 1993. (58 FR 40581).
Section 210 of the Immigration and Nationality Technical
Corrections Act of 1994, Pub. L. 103-416, dated October 25, 1994,
extended the expiration date of the Visa Waiver Pilot Program until
September 30, 1996, and revised the program, as set forth in section
211 of that Act, by adding a probationary program category of
designation. Countries designated for the probationary program are
required to meet a different eligibility standard than those designated
for the pilot program. Probationary program countries are required to
have:
a. A nonimmigrant visitor visa refusal rate average over the
preceding 2 fiscal years that is less than 3.5 percent of the total
number of nonimmigrant visitor visas for nationals of that country
which were granted or refused during those years;
b. A nonimmigrant visitor visa refusal rate that is less than
3.0 percent for the preceding fiscal year; and
c. Have a less than 1.5 percent violation rate which is defined
as the number of those nationals of the proposed country who were
admitted to the United States as nonimmigrant visitors during the
preceding fiscal year and who violated the terms of such admission
or were excluded or withdrew their applications for admission as
nonimmigrant visitors.
Unlike the pilot program, countries designated for the probationary
program are designated for a specific period of time, not to exceed 3
fiscal years.
This interim rule amends 8 CFR part 217 to extend the Visa Waiver
Pilot Program to include the country of Ireland in the newly
established probationary program. The Government of Ireland has agreed
to provide reciprocal treatment for United States citizens entering
Ireland under similar circumstances. The Government of Ireland has also
certified that it has established a program to introduce machine-
readable passports as required by section 217(g)(2)(D) of the Act.
Therefore, having met all of the other requirements of section 217(g)
of the Immigration and Nationality Act, as amended, Ireland is
designated as a country participating in the Probationary Program
portion of the Visa Waiver Pilot Program by the Secretary of State and
the Attorney General, acting jointly through their
[[Page 15856]] designees. (See the Department of State Rule published
elsewhere in this issue of the Federal Register.)
The Service's implementation of this rule as an interim rule, with
a 60-day provision 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 are as follows: this rule relieves a
restriction and is beneficial to both the traveling public and U.S.
businesses.
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 this rule
will not have a significant economic impact on a substantial number of
small entities. This rule merely removes a restriction to both the
public and United States businesses.
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 proposed 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 12606
The Commissioner of the Immigration and Naturalization Service
herein certifies that she has assessed this rule in light of the
criteria in Executive Order 12606 and has determined that it will not
have any impact on family well being.
List of Subjects in 8 CFR Part 217
Administrative practice and procedures, Aliens, Passports and
visas.
Accordingly, part 217 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 217--VISA WAIVER PILOT PROGRAM
1. The authority citation for part 217 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.
2. Section 217.5 is amended by redesignating paragraph (a) as
paragraph (a)(1), revising the heading of newly designated (a)(1) to
read ``Visa Waiver Pilot Program Countries.'' and adding a new
paragraph (a)(2) to read as follows:
Sec. 217.5 Designated countries.
(a)(1) * * *
(2) Visa Waiver Pilot Program Countries with Probationary Status.
Effective April 1, 1995, until September 30, 1998 or the expiration of
the Visa Waiver Pilot Program, whichever comes first, Ireland has been
designated as a Visa Waiver Pilot Program country with Probationary
Status in accordance with section 217(g) of the Act.
* * * * *
Dated: March 1, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-7450 Filed 3-27-95; 8:45 am]
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