[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71726-71727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34473]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 1799-96]
RIN 1115-AB93


Finalizing Without Change the Interim Regulations that Added Visa 
Waiver Pilot Program Countries

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: The Visa Waiver Pilot Program (VWPP) permits nationals from 
designated countries who participate in the VWPP 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 visa. 
during the past several years, the Immigration and Naturalization 
Service (Service) has published several interim regulations in the 
Federal Register adding countries to participate in the VWPP and 
eliminating probationary entry status. This final rule adopts without 
change those interim regulations.

DATES: This final rule is effective January 29, 1999.

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) 514-3019.

SUPPLEMENTARY INFORMATION:

Public Law 99-603

    Section 313 of the Immigration Reform and Control Act of 1986 
(IRCA), Public Law 99-603, added section 217 to the Immigration and 
Nationality Act (Act), 8 U.S.C. 1187, which established the VWPP. That 
original provision authorized the participation of eight countries in 
the Pilot Program. Accordingly, the Service initially designated the 
United Kingdom, Japan, France, Switzerland, Germany, Sweden, Italy, and 
the Netherlands, as the eight (8) countries to participate in the VWPP.

Public Law 101-649

    Section 210 of the Immigration Act of 1990 (IMMACT 90), Public Law 
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. 
Accordingly, the service, published six interim regulations in the 
Federal Register adding the following 18 countries:

[[Page 71727]]



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               Country                     Effective date                  Federal Register, citation
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(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.
(17) Slovenia.......................  Sept. 30, 1997.........  62 FR 50998, Sept. 30, 1997.
(18) Ireland........................  Sept. 30, 1997.........  62 FR 50998, Sept. 30, 1997.
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    On March 28, 1995, the Service published and interim regulation in 
the Federal Register at 60 FR 15855 adding Ireland as a VWPP country on 
a probationary basis. The interim regulation published at 62 FR 50998 
on September 30, 1997, removed this probationary status.

Public Comments

    All six interim regulations invited interested persons to submit 
written comments concerning the VWPP and the addition of the 18 
countries that were designated to participate. The Service did not 
receive comments for those interim regulations published in the Federal 
Register at 56 FR 46716, 58 FR 40581, 60 FR 15855, 61 FR 35598, and 62 
FR 50998. However, the Service did receive one comment on the interim 
regulation published in the Federal Register at 61 FR 39271, which 
added Australia to the list of participating VWPP countries. The 
commenter questioned whether Australia met the reciprocity requirement 
in section 217 of the Act. The Service has determined that Australia 
does meet the reciprocity requirement in section 217 of the Act under 
the provisions of Australia's Electronic Travel Authority (ETA) system. 
Accordingly, Australia will still remain as a designated VWPP country.
    This final rule is being promulgated in conjunction with the 
Department of State (DOS) in accordance with the requirements in 
section 217 of the Act, as amended. (See DOS rule published elsewhere 
in this issue of the Federal Register.)

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. The interim regulations that were previously published 
merely removed restrictions for both the traveling public and United 
States businesses. This final rule adopts without change those interim 
regulations.

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 1 year, and it will not sifnificantly 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 final 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 practice and procedures, Aliens, Nonimmigrants, 
Passports and visas.

    Accordingly, the interim regulations amending 8 CFR part 217 which 
were published at 56 FR 46716 on September 13, 1991, 58 FR 40581 on 
July 29, 1993, 60 FR 15855 on March 28, 1995, 61 FR 35598 on July 8, 
1996, 61 FR 39271 on July 29, 1996, and 62 FR 50998 on September 30, 
1997, are adopted as a final rule without change.

    Dated: December 14, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-34473 Filed 12-29-98; 8:45 am]
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