[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]
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