[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 50998-50999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25982]



[[Page 50998]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 1786-96]
RIN 115-AB93


Adding Slovenia to the List of Countries Authorized To 
Participate in the Visa Waiver Pilot Program and Designating Ireland as 
a Permanent Participating Country (Formerly With Probationary Status)

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(``Service'') regulations by adding Slovenia to the list of countries 
designated to participate in the Visa Waiver Pilot Program (VWPP), 
thereby permitting nationals of Slovenia 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 
interim rule also eliminates probationary entry status in the VWPP and 
designates Ireland (the only country formerly designated as a 
participating country with probationary status) as a permanent 
participating country. This action will facilitate travel to the United 
States and benefit United States business.

DATES: Effective Date. This interim rule is effective September 30, 
1997.
    Comment Date: Written comments must be submitted on or before 
December 1, 1997.

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 number 1786-96 on 
your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT:
Dominica Gutierrez, Assistant Chief Inspector, Inspections Division, 
Immigration and Naturalization Service, 425 I Street NW., Room 4064, 
Washington, DC 20536, Telephone number: (202) 305-2969.

SUPPLEMENTARY INFORMATION:

Public Law 99-603

    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), 8 U.S.C. 1187, which established the VWPP. The 
VWPP 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. Accordingly, the Service 
designated by regulations published in the Federal Register, the 
following eight (8) countries to participate in the VWPP:

------------------------------------------------------------------------
                                                       Federal Register 
             Country                Effective date         citation     
------------------------------------------------------------------------
(1) United Kingdom..............  July 1, 1988......  53 FR 24901, June 
                                                       30, 1988.        
(2) Japan.......................  Dec. 15, 1988.....  53 FR 50161, Dec. 
                                                       13, 1988.        
(3) France......................  July 1, 1989......  54 FR 27120, June 
                                                       27, 1989.        
(4) Switzerland.................  July 1, 1989......  54 FR 27120, June 
                                                       27, 1989.        
(5) Germany.....................  July 15, 1989.....  54 FR 27120, June 
                                                       27, 1989.        
(6) Sweden......................  July 15, 1989.....  54 FR 27120, June 
                                                       27, 1989.        
(7) Italy.......................  July 29, 1989.....  54 FR 27120, June 
                                                       27, 1989.        
(8) Netherlands.................  July 29, 1989.....  54 FR 27120, June 
                                                       27, 1989.        
------------------------------------------------------------------------

Public Law 101-649

    Section 201 of the Immigration Act of 1990 (IMMACT 90), Pub. L. 
101-649, dated November 29, 1990, further amended the VWPP removing the 
eight-country cap and extending the provisions to all countries that 
met the qualifying provisions contained in section 217 of the Act. In 
addition, section 201 of IMMACT 90 also extended the period for the 
VWPP until September 30, 1994. Subsequently, the Service designated by 
regulations published in the Federal Register, the following sixteen 
(16) additional countries to participate in the VWPP:

------------------------------------------------------------------------
                                                       Federal Register 
             Country                Effective date         citation     
------------------------------------------------------------------------
(1) Andorra.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(2) Austria.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(3) Belgium.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(4) Denmark.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(5) Finland.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(6) Iceland.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(7) Liechtenstein...............  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(8) Luxembourg..................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(9) Monaco......................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(10) New Zealand................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(11) Norway.....................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(12) San Marino.................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(13) Spain......................  Oct. 1, 1991......  56 FR 46716, Sept.
                                                       13, 1991.        
(14) Brunei.....................  July 29, 1993.....  58 FR 40581, July 
                                                       29, 1993.        
(15) Argentina..................  July 8, 1996......  61 FR 35598, July 
                                                       8, 1996.         
(16) Australia..................  July 29, 1996.....  61 FR 39271, July 
                                                       29, 1996.        
------------------------------------------------------------------------

Public Law 103-416

    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 VWPP until September 30, 1996.

Public Law 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 section 217 of the Act 
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.

[[Page 50999]]

Requirements for VWPP Participation (Addition of Slovenia)

    For a country to qualify as 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 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 Department of State rule published elsewhere in this issue of 
the Federal Register.)

Good Cause Exemption

    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 for immediate implementation of this 
interim rule without prior notice and comment are as follows: This 
interim rule relieves a restriction and will facilitate business and 
tourist travel to the United States and Slovenia.

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 for both the 
traveling 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 adopted 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.

Unfunded Mandates Reform Act of 1995

    This rule will not result in expenditure by State, local and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of United States-based companies to compete with foreign-based 
companies in domestic and export markets.

Executive Order 12988 Civil Justice Reform

    This interim rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 217

    Administrative practices and procedures, Aliens, Nonimmigrants, 
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. In Sec. 217.2 paragraph (a) is amended by revising the 
definition for ``Designated country'' to read as follows:


Sec. 217.2  Eligibility.

    (a) * * *
* * * * *
    Designated country refers to Andorra, Argentina, Australia, 
Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, 
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the 
Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden, 
Switzerland, and the United Kingdom. The United Kingdom refers only to 
British citizens who have the unrestricted right of permanent abode in 
the United Kingdom (England, Scotland, Wales, Northern Ireland, the 
Channel Islands and the Isle of Man); it does not refer to British 
overseas citizens, British dependent territories' citizens, or citizens 
of British Commonwealth countries.
* * * * *
    Dated: September 25, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-25982 Filed 9-29-97; 8:45 am]
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