[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 50998-50999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25982]
[[Page 50998]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 217
[INS No. 1786-96]
RIN 115-AB93
Adding Slovenia to the List of Countries Authorized To
Participate in the Visa Waiver Pilot Program and Designating Ireland as
a Permanent Participating Country (Formerly With Probationary Status)
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
(``Service'') regulations by adding Slovenia to the list of countries
designated to participate in the Visa Waiver Pilot Program (VWPP),
thereby permitting nationals of Slovenia 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
interim rule also eliminates probationary entry status in the VWPP and
designates Ireland (the only country formerly designated as a
participating country with probationary status) as a permanent
participating country. This action will facilitate travel to the United
States and benefit United States business.
DATES: Effective Date. This interim rule is effective September 30,
1997.
Comment Date: Written comments must be submitted on or before
December 1, 1997.
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 number 1786-96 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:
Dominica Gutierrez, Assistant Chief Inspector, Inspections Division,
Immigration and Naturalization Service, 425 I Street NW., Room 4064,
Washington, DC 20536, Telephone number: (202) 305-2969.
SUPPLEMENTARY INFORMATION:
Public Law 99-603
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), 8 U.S.C. 1187, which established the VWPP. The
VWPP 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. Accordingly, the Service
designated by regulations published in the Federal Register, the
following eight (8) countries to participate in the VWPP:
------------------------------------------------------------------------
Federal Register
Country Effective date citation
------------------------------------------------------------------------
(1) United Kingdom.............. July 1, 1988...... 53 FR 24901, June
30, 1988.
(2) Japan....................... Dec. 15, 1988..... 53 FR 50161, Dec.
13, 1988.
(3) France...................... July 1, 1989...... 54 FR 27120, June
27, 1989.
(4) Switzerland................. July 1, 1989...... 54 FR 27120, June
27, 1989.
(5) Germany..................... July 15, 1989..... 54 FR 27120, June
27, 1989.
(6) Sweden...................... July 15, 1989..... 54 FR 27120, June
27, 1989.
(7) Italy....................... July 29, 1989..... 54 FR 27120, June
27, 1989.
(8) Netherlands................. July 29, 1989..... 54 FR 27120, June
27, 1989.
------------------------------------------------------------------------
Public Law 101-649
Section 201 of the Immigration Act of 1990 (IMMACT 90), Pub. L.
101-649, dated November 29, 1990, further amended the VWPP removing the
eight-country cap and extending the provisions to all countries that
met the qualifying provisions contained in section 217 of the Act. In
addition, section 201 of IMMACT 90 also extended the period for the
VWPP until September 30, 1994. Subsequently, the Service designated by
regulations published in the Federal Register, the following sixteen
(16) additional countries to participate in the VWPP:
------------------------------------------------------------------------
Federal Register
Country Effective date citation
------------------------------------------------------------------------
(1) Andorra..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(2) Austria..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(3) Belgium..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(4) Denmark..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(5) Finland..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(6) Iceland..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(7) Liechtenstein............... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(8) Luxembourg.................. Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(9) Monaco...................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(10) New Zealand................ Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(11) Norway..................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(12) San Marino................. Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(13) Spain...................... Oct. 1, 1991...... 56 FR 46716, Sept.
13, 1991.
(14) Brunei..................... July 29, 1993..... 58 FR 40581, July
29, 1993.
(15) Argentina.................. July 8, 1996...... 61 FR 35598, July
8, 1996.
(16) Australia.................. July 29, 1996..... 61 FR 39271, July
29, 1996.
------------------------------------------------------------------------
Public Law 103-416
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 VWPP until September 30, 1996.
Public Law 104-208
On September 30, 1996, the President signed Pub. L. 104-208, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA). Section 635 of this law again amended section 217 of the Act
by extending the Program until September 30, 1997. This law also named
the Attorney General as the principal designator of VWPP countries,
eliminated probationary VWPP qualification status and made countries
then in such status (Ireland being the only country) permanent
participating VWPP countries subject to the same disqualification
criteria established for other VWPP countries.
[[Page 50999]]
Requirements for VWPP Participation (Addition of Slovenia)
For a country to qualify as participant in the VWPP, the country
must agree to waive the visa requirement for nationals of the United
States entering for business or pleasure for ninety (90) days or less,
must meet statutorily prescribed limits on rates of exclusion at Ports-
of-Entry and on overstay rates, and must have a machine readable
passport program. The Attorney General, in consultation with the
Secretary of State, has determined that Slovenia has met these
requirements, and Slovenia, therefore, is added, effective September
30, 1997 as a participating country in the Visa Waiver Pilot Program.
(See the Department of State rule published elsewhere in this issue of
the Federal Register.)
Good Cause Exemption
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 for immediate implementation of this
interim rule without prior notice and comment are as follows: This
interim rule relieves a restriction and will facilitate business and
tourist travel to the United States and Slovenia.
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 for both the
traveling 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 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.
Unfunded Mandates Reform Act of 1995
This rule will not result in expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one 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 the
ability of United States-based companies to compete with foreign-based
companies in domestic and export markets.
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 217
Administrative practices and procedures, Aliens, Nonimmigrants,
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. In Sec. 217.2 paragraph (a) is amended by revising the
definition for ``Designated country'' to read as follows:
Sec. 217.2 Eligibility.
(a) * * *
* * * * *
Designated country refers to Andorra, Argentina, Australia,
Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the
Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom. The United Kingdom refers only to
British citizens who have the unrestricted right of permanent abode in
the United Kingdom (England, Scotland, Wales, Northern Ireland, the
Channel Islands and the Isle of Man); it does not refer to British
overseas citizens, British dependent territories' citizens, or citizens
of British Commonwealth countries.
* * * * *
Dated: September 25, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-25982 Filed 9-29-97; 8:45 am]
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