[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]]
----------------------------------------------------------------------------------------------------------------
Country Effective date Federal Register, 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.
(17) Slovenia....................... Sept. 30, 1997......... 62 FR 50998, Sept. 30, 1997.
(18) Ireland........................ Sept. 30, 1997......... 62 FR 50998, Sept. 30, 1997.
----------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 4410-10-M