[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
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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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