[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51030-51032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25951]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 2610]


Bureau of Consular Affairs; 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: Section 217 of the Immigration and Nationality Act (INA), as 
amended, extends the Visa Waiver Pilot Program (VWPP) 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 interim rule eliminates 
probationary entry status in the pilot program, designates Ireland (the 
only country formerly designated as a participating country with 
probationary status) as a permanent participating country and extends 
the VWPP to Slovenia.

DATES: This interim rule is effective September 30, 1997. Written 
comments are invited and must be received on or before October 30, 
1997.

ADDRESSES: Written comments may be submitted, in duplicate, to the 
Chief, Legislation and Regulations Division, Visa Services, Room L-
603C, Department of State, Washington, D.C. 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Office, Department of State, Washington, 
D.C. 20522-0113 (202) 663-1203.

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 Pub. L. 103-415, (108 Stat. 4299, October 
25,1994), Pub. L. 103-416, (108 Stat. 4305, October 25, 1994), and Pub. 
L. 104-208, (110 Stat. 3009-702, September 30, 1996).

Pub. L. 99-603

    Section 313 of the Immigration Reform and Control Act of 1986 
(IRCA), Pub. L. 99-603, amended the INA by adding a new section 217 (8 
U.S.C. 1187). Section 217 provides for a 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. This 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 from among 
countries meeting specific criteria. These original qualifying 
countries included: France; the Federal

[[Page 51031]]

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. 101-649

    On November 29, 1990, the President signed the Immigration Act of 
1990 (Pub. L. 101-649, 104 Stat. 4978). Section 201 revised the VWPP 
set forth in section 313 of IRCA (Sec. 217 INA, 8 U.S.C. 1187). It 
removed the eight-country cap and extended the provisions of the VWPP 
to all countries that meet the qualifying criteria of the Visa Waiver 
Pilot Program and were designated by the Secretary of State and the 
Attorney General in consultation with the Secretary of State 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 in an interim rule published at 58 FR 40581-40586 of the 
Federal Register of July 26, 1993.

Pub. L. 103-415

    Section 1(m) of Pub. L. 103-415 again amended section 217 of the 
INA to extend the Visa Waiver Pilot Program through September 30, 1995.

Pub. L. 103-416

    Section 210 of the Immigration and Nationality Technical 
Corrections Act of 1994 (INTC) (Pub. L. 103-416) amended section 217 of 
the INA extending the Visa Waiver Pilot Program to September 30, 1996. 
Section 211 of INTC created and established criteria for a new 
probationary qualification status for countries which met the criteria 
for that status under the VWPP and which were designated by the 
Secretary of State and the Attorney General, acting jointly, as 
countries whose nationals benefitted from the waiver of the 
nonimmigrant B-1/B-2 visa requirement.
    The Department published an interim rule [59 FR 15872] to implement 
the provisions of sections 210 and 211 (Pub. L. 103-416) on March 28, 
1995. Ireland was determined to be the only country which met the 
criteria set forth for such probationary qualification status. On July 
8, 1996 Argentina was added as a non-probationary VWPP country (61 FR 
35628-35629) and Australia became a non-probationary participating 
country on July 29, 1996 (61 FR 39318).

Pub. L. 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 INA 217 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.

Requirements for VWPP Participation

    For a country to qualify as a 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 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 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 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 tourist and business 
travel to and from Slovenia, delay for 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 (Regulatory 
Planning and Review) but has been coordinated with the Immigration and 
Naturalization Service because action by 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 
(Civil Justice Reform) and is certified to be in compliance therewith.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Visas, Passports, Temporary Visitors, 
Waivers.

    This interim rule, with request for comments, amends Part 41, Title 
22 by eliminating the pilot program which allowed countries to 
participate in the Program with probationary status and by adding 
Ireland and Slovenia to the list of participating countries in the Visa 
Waiver Pilot Program.

PART 41--[AMENDED]

    1. The authority citation for Part 41 continues to read:

    Authority: 8 U.S.C. 1104.

    2. Accordingly, paragraph (l) of Sec. 41.2 is revised to read as 
follows:


Sec. 41.2  Waiver by the 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.
    (2) Countries designated as pilot program countries under paragraph 
(l)(1), 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); Brunei (effective July 29, 1993); 
Ireland (effective April 1, 1995); Argentina (effective July 8, 1996); 
Australia (effective July 29, 1996) and Slovenia (effective September 
30, 1997).
* * * * *

[[Page 51032]]

    Dated: September 25, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 97-25951 Filed 9-29-97; 8:45 am]
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