[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Rules and Regulations]
[Pages 35628-35629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17194]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2409]
VISAS: Passports and Visas Not Required for Certain Nonimmigrants
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Interim Rule with request for comments.
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SUMMARY: This interim rule amends part 41, title 22 of the Code of
Federal Regulations concerning visas for nonimmigrants pursuant to
section 217 of the Immigration and Nationality Act (INA), 8. U.S.C.
1187, as amended. Section 217, as amended, extends the Visa Waiver
Pilot Program to nationals of all countries that qualify under the
provisions of the Pilot Program and which are designated by the
Secretary of State and the Attorney General as countries whose
nationals benefit from the waiver of the nonimmigrant B-1/B-2 visa
requirement. This amendment extends the Visa Waiver Pilot Program to
Argentina, which has met all of the requirements for the Program.
DATES: This interim rule is effective July 8, 1996. Written comments
are invited and must be received on or before August 7, 1996.
ADDRESSES: Written comments may be submitted, in duplicate, to the
Chief, Legislation and Regulations Division, Visa Services, Department
of State, Washington, DC 20520-0113.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation
and Regulations Division, Visa Office, Department of State, Washington,
DC 20522-0113 (202) 663-1204.
SUPPLEMENTARY INFORMATION: This interim rule amends Part 41, Title 22
of the Code of Federal Regulations concerning visas for nonimmigrants
pursuant to section 217 of the Immigration and Nationality Act (INA), 8
U.S.C. 1187, as amended by Pub. L. 103-415, 108 Stat. 4299, October
25,1994 and Pub. L. 103-416, 108 Stat. 4305, October 25, 1994.
Section 313 of the Immigration Reform and Control Act of 1986
(IRCA), Pub. L. 99-603, added section 217 to the INA. Section 217, 8
U.S.C. 1187, established the nonimmigrant Visa Waiver Pilot Program
(VWPP) which waives the nonimmigrant visa requirement for the admission
of certain aliens into the United States for a period not to exceed
ninety days. That original provision authorized the participation of
eight countries in the VWPP to be designated by the Secretary of State
and the Attorney General, acting jointly through their designees. These
original qualifying countries included: France; the Federal Republic of
Germany; Italy; Japan, the Netherlands; Sweden; Switzerland; and the
United Kingdom. [See Federal Register publications 53 FR 24903-24904,
June 30, 1988; 53 FR 50161-50162, December 13, 1988; and 54 FR 27120-
27121, June 27, 1989.]
Pub. L.103-415 amended section 217 of the INA to extend the Visa
Waiver Pilot Program (VWPP) through September 30, 1995. Pub. L. 103-416
amended section 217 of the INA to extend the Visa Waiver Pilot Program
to September 30, 1996, and to create a new probationary status for
certain countries which meet the requirements for that status under the
Visa Waiver Pilot Program and which are designated by the Secretary of
State and the Attorney General, acting jointly, as countries whose
nationals benefit from the waiver of the nonimmigrant B-1/B-2 visa
requirement.
On November 29, 1990, the President approved the Immigration Act of
1990 (Pub. L. 101-649, 104 Stat. 4978) [IA]). Section 201 thereof
revised the Visa Waiver Pilot Program set forth in section 313 of IRCA
(Sec. 217 INA, 8 U.S.C. 1187). It removed the eight-country cap and
extended its provisions to all countries that meet the qualifying
provisions of the Visa Waiver Pilot Program and are designated by the
Secretary of State and the Attorney General as Pilot Program countries
thereunder.
Effective October 1, 1991, Andorra, Austria, Belgium, Denmark,
Finland, Iceland, Liechtenstein, Luxembourg, Monaco, New Zealand,
Norway, San Marino, and Spain, having met all of the requirements for
participants in the nonimmigrant Visa Waiver Pilot Program, were added
as participants in the Program. [See 56 FR 46716-46717, September 13,
1991.] Brunei was designated as a participant in the Visa Waiver Pilot
Program by the Secretary of State and the Attorney General, acting
jointly through their designees, in an interim rule published at 58 FR
40581-40586 of the Federal Register of July 26, 1993. On March 28, 1995
the interim rule published at 59 FR 15872-15873 added Ireland as a Visa
Waiver Pilot Program country with probationary status.
Each of the above rules amended 22 CFR 41.2. This interim rule,
with request for comments, further amends Part 41, Title 22 to include
Argentina as a Visa Waiver Pilot Program country
[[Page 35629]]
since it meets the requirements for that status under INA 217, as
amended.
Argentina does not require visas for nationals of the United States
entering for ninety (90) days or less. Thus it meets the requirement of
providing reciprocal treatment for United States nationals. Other
requirements are that the country meet statutorily prescribed limits on
visa refusal rates for the prior two year period as well as the prior
year; that it meet statutorily prescribed limits on rates of exclusion
at port of entry and on overstay limits, and that it have a machine
readable passport program. Argentina meets these additional
requirements. Argentina is, therefore, added effective July 8, 1996 as
a participating country in the Visa Waiver Pilot Program. (See the
Immigration and Naturalization Service rule also published in this
issue of the Federal Register.) Therefore, effective on the publication
date of this interim rule, citizens of Argentina shall be eligible for
participation in the Visa Waiver Pilot Program.
Interim Rule
The implementation of this rule as an interim rule, with a 30-day
provision for post-promulgation public comments, is based upon the
``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and
553(d)(3). This rule grants or recognizes an exemption or relieves a
restriction under 5 U.S.C. 553(d)(1) and is considered beneficial to
both the traveling public and United States businesses. Therefore, it
is being made effective thirty days after publication in the Federal
Register. In accordance with 5 U.S.C. 605(b) [Regulatory Flexibility
Act], it is certified that this rule does not have a ``significant
adverse economic impact'' on a substantial number of small entities,
because it is inapplicable. This rule is exempt from E.O. 12866, but
has been coordinated with the Immigration and Naturalization Service
because joint action of the Secretary of State and the Attorney General
is required under section 217 of the INA, as amended. The rule imposes
no reporting or record-keeping action from the public requiring the
approval of the Office of Management and Budget under the Paperwork
Reduction Act requirements. This rule has been reviewed as required by
E.O. 12988 and is certified to be in compliance therewith.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Visas, Passports, Temporary Visitors,
Waivers.
In view of the foregoing, 22 CFR Part 41 is amended as follows:
PART 41--[AMENDED]
1. The authority citation for Part 41 continues to read:
Authority: 8 U.S.C. 1104, 66 Stat. 174; 8 U.S.C. 1187, 108 Stat.
4312 and 4313.
2. In Sec. 41.2 the last sentence of paragraph (l)(2) is amended by
removing the period and adding the following text at the end of the
sentence:
Sec. 41.2 Waiver by Secretary of State and Attorney General of
passport and/or visa requirements for certain categories of
nonimmigrants.
* * * * *
(l) Visa Waiver Pilot Program. * * *; and Argentina July 8, 1996.
Dated: July 13, 1996.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-17194 Filed 7-5-96; 8:45 am]
BILLING CODE 4710-06-P
