[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Rules and Regulations]
[Pages 15872-15874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7050]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2177]
VISAS: Passports and Visas Not Required for Certain Nonimmigrants
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule extends the Visa Waiver Pilot Program to
September 30, 1996 and creates 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.
The extension of time for the Visa Waiver Pilot Program applies to
those countries already in the program as well as to any countries
which may be designated thereunder in the future. A statistical
analysis was made to determine which countries could become visa waiver
pilot countries with probationary status. As a result of that initial
analysis it has been determined that Ireland, currently, is the only
county which meets the criteria set forth for such countries.
DATES: This interim rule is effective on April 1, 1995. Written
comments are invited and must be received on or before May 30, 1995.
ADDRESSES: Written comments may be submitted, in duplicate, to the
Chief, Legislation and Regulations Division, Visa Services, Department
of State, Washington, DC 20522-0113.
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, approved:
10/ [[Page 15873]] 25/94 and Pub. L. 103-416, 108 Stat. 4305, approved:
10/25/94. 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. 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. A final rule containing regulations
designed to implement facilitation of the admission of certain
nonimmigrant alien visitors under the VWPP was published at 53 FR
24903-24904 of the Federal Register of June 30, 1988. Its publication
was codified in part 41 of title 22 of the Code of Federal Regulations
(CFR), 22 CFR 41.2(1). Under that final rule the United Kingdom was the
only county designated to received 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 on December 15, 1988 in a
final rule published at 53 FR 50161-50162 of the Federal Register of
December 13, 1988. France, The Federal Republic of Germany, Italy, The
Netherlands, Sweden, and Switzerland, having met all of the
requirements for participants in the Visa Waiver Pilot Program, were
added later as designated countries participating in the Pilot Program
(i.e., the six remaining countries under the Eight Country Pilot
Program established by section 313 of IRCA). 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 of the Federal Register of June 27, 1989.
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 and
extended the program's 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. Section 201 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 might be designated under the law, as
amended, subject to their continued qualification thereunder. (See
also: section 303 of the Immigration Technical Corrections Act of 1991,
Pub. L. 102-232.)
As a result of these amendments to section 217 of the INA, 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, effective on October 1, 1991. They were so
designated as participants 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 56 FR 46716-46717 of
the Federal Register of 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 29, 1993.
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
Ireland as a Visa Waiver Pilot Program country with probationary status
since it has met the requirements for that status under INA 217, as
amended.
Under its own laws, Ireland does not now require visas for
nationals of the United States entering Ireland for ninety (90) days or
less. Thus it meets the requirement of providing reciprocal treatment
for United States nationals entering Ireland. 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 has a machine readable
passport program. The statutory limits required to be met are higher
than those required for non-probationary participation in the visa
waiver program. Ireland also meets the other statutory requirements for
probationary status. Therefore, Ireland is added, effective April 1,
1995, as a country with probationary status participating 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, citizens of Ireland 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 travelling public and United States businesses. Therefore, it
is being made effective less than 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 on the public requiring the approval
of the Office of Management and Budget under the Paperwork Reduction
Act. Nor does this rule have federalism implications warranting the
preparation of a Federalism Assessment in accordance with E.O. 12612.
This rule has been reviewed as required by E.O. 12778 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. Section 41.2 is amended by revising paragraph (l) to read as
follows: [[Page 15874]]
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. (1) Notwithstanding the provisions
of paragraphs (a) through (k) of this section, a visa is not required
of any person who seeks admission to the United States for a period of
90 days or less as a visitor for business or pleasure and who is
eligible to apply for admission to the United States as a Visa Waiver
Pilot Program applicant, either as:
(i) A citizen of a pilot program country; or
(ii) a citizen of a pilot program country with probationary status,
pursuant to the provisions of section 217 of the Act, as amended.
(2) Countries designated as pilot program countries under paragraph
(l)(1), (i) of this section, are: the United Kingdom (effective July 1,
1988): Japan (effective December 15, 1988); France and Switzerland
(effective July 1, 1989); The Federal Republic of Germany and Sweden
(effective July 15, 1989); Italy and The Netherlands (effective July
29, 1989); Andorra, Austria, Belgium, Denmark, Finland, Iceland,
Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, San Marino, and
Spain (effective October 1, 1991; and Brunei (effective July 29, 1993).
Countries designated as pilot program countries with probationary
status under paragraph (1)(l)(ii) of this section are: Ireland
effective April 1, 1995 until September 30, 1998 or the expiration of
the Visa Waiver Pilot Program, whichever comes first.
Dated: March 3, 1995.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-7050 Filed 3-27-95; 8:45 am]
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