[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39318-39319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19172]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2415]


Visas: Passports and Visas Not Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs, State.

ACTION: Interim rule with request for comments.

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SUMMARY: Section 217 of the Immigration and Nationality Act (INA), 8 
U.S.C. 1187, as amended, extends the Visa Waiver Pilot Program (VWPP) 
to nationals of all countries that qualify

[[Page 39319]]

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. The interim rule extends the Visa Waiver Pilot Program to 
Australia which the Department has determined has met all of the 
requirements for participation in the Program.

DATES: This interim rule is effective July 29, 1996. Written comments 
are invited and must be received on or before August 28, 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, 8 
U.S.C. 1187, as amended by Public Law 103-415, 108 Stat. 4299, October 
25, 1994 and Public Law 103-416, 108 Stat. 4305, October 25, 1994. 
Section 313 of the Immigration Reform and Control Act of 1986 (IRCA), 
Public Law 99-603, added section 217 to the INA. Section 217, 8 U.S.C. 
1187, established the nonimmigrant Visa Waiver Pilot Program 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. 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.)
    Public Law 103-415 amended section 217 of the INA to extend the 
Visa Waiver Pilot Program through September 30, 1995. Public Law 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. Argentina was 
added as a Visa Waiver Pilot Program country on July 8, 1996 (see 61 FR 
35628-35629).
    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 
Australia as a Visa Waiver Pilot Program country.
    For a country to qualify as a participant in the Visa Waiver Pilot 
Program, the country must agree to waive the visa requirement for 
nationals of the United States entering for ninety (90) days or less, 
must meet statutorily prescribed limits on visa refusal rates for the 
prior two year period as well as the prior year; must meet statutorily 
prescribed limits on rates of exclusion at port of entry and on 
overstay limits, and must have a machine readable passport program. The 
Department has determined that Australia has met these requirements, 
and Australia, therefore, is added effective (enter date of publication 
in the Federal Register) 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.)

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 set forth at 5 U.S.C. 553(b)(B) and 
553(d)(3). Because this rule will facilitate U.S. tourist and business 
travel to Australia, pre-promulgation public comment would be contrary 
to the public interest. This rule will, therefore, become effective 
upon 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. 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) * * * (2) * * * ``; and Australia effective July 29, 1996.''
* * * * *
    Dated: July 23, 1996.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-19172 Filed 7-26-96; 8:45 am]
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