[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 7989-7990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3982]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 32 / Thursday, February 18, 1999 / 
Rules and Regulations  

[[Page 7989]]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1956-98]
RIN 1115-AF28


Nonimmigrant Visa Exemption for Certain Nationals of the British 
Virgin Islands Entering the United States Through St. Thomas, United 
States Virgin Islands

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's 
(Service) regulations to allow nonimmigrant visitors for business or 
pleasure who are nationals of the British Virgin Islands (BVI) to apply 
for admission to the United States (U.S.) at the port-of-entry of St. 
Thomas, U.S. Virgin Islands, without nonimmigrant visas. Since the 
Department of State closed its post in Antigua in 1994, all BVI 
residents requiring nonimmigrant visas must either travel to, or mail 
their applications to, the consular post at Bridgetown, Barbados, the 
nearest visa-issuing location. The Service's action will facilitate 
travel to the United States for certain nationals of the BVI while 
still ensuring the proper application of the provisions of the 
Immigration and Nationality Act (Act).

DATES: Effective date: This interim rule is effective February 18, 
1999.
    Comment date: Written comments must be submitted on or before April 
19, 1999.

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 No. 1956-98 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:
William Plunges, Senior Immigration Inspector, Inspections Division, 
Immigration and Naturalization Service, 425 I Street, NW, Room 4064, 
Washington, DC 20536, telephone (202) 616-7992.

SUPPLEMENTARY INFORMATION:

Why will certain nationals of the British Virgin Islands no longer 
require nonimmigrant visas to enter the United States?

    Due to budgetary constraints, the Department of State has closed 
several visa-issuing posts worldwide in recent years, including the 
consulate at St. John's, Antigua, which served residents of the BVI. 
Consequently, nationals of the BVI who require nonimmigrant visas must 
either travel to the nearest visa-issuing location, Bridgeton, 
Barbados, if their need for travel is immediate, or mail their 
applications for visas to the consular post if time allows. The 
government of the BVI requested that some accommodation be made to 
improve this situation, since neither passports nor visas are required 
of nationals of the United States who enter the BVI. Section 212(d)(4) 
of the Immigration and Nationality Act authorizes the Attorney General 
and Secretary of State acting jointly to waive the documentary 
requirements for certain nonimmigrants on the basis of reciprocity with 
respect to nationals of foreign contiguous territories or adjacent 
islands and residents thereof having a common nationality with such 
nationals. After a joint study, the Department of State and the Service 
have decided to allow nonimmigrant visitors for business or pleasure 
who are nationals of the BVI to apply for admission to the United 
States without nonimmigrant visas and without limitation as to their 
ultimate destination within the United States, provided that they make 
such an application for admission at the port-of-entry of St. Thomas, 
United States Virgin Islands.

How will the regulations be changed?

    Currently, Sec. 212.1(b) allows a national of the BVI to enter into 
the U.S. Virgin Islands without a nonimmigrant visa, provided the 
individual does not proceed from the U.S. Virgin Islands to any other 
part of the United States. If the individual desires to proceed to any 
other part of the United States, he or she must be in possession of a 
valid nonimmigrant visa and passport.
    This interim rule amends Sec. 212.1(b) by removing the restriction 
preventing such an individual from entering into any other part of the 
United States, provided he or she departs from the U.S. Virgin Islands 
through the port of embarkation at St. Thomas, is proceeding directly 
by aircraft to another part of the United States, is admissible as a 
nonimmigrant visitor for business or pleasure, and presents a current 
Certificate of Good Character issued by the Royal Virgin Islands Police 
Department indicating that he or she has no criminal record. Any other 
national of the BVI who is applying for admission as a nonimmigrant and 
plans to proceed beyond the U.S. Virgin Islands must be in possession 
of a valid unexpired nonimmigrant visa. The Department of State will be 
issuing simultaneous regulations published elsewhere in this issue of 
the Federal Register.

Good Cause Exception

    The Service's implementation of this rule as an interim rule, with 
provisions 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, does not impose a new burden, and is beneficial 
to the traveling public and United States businesses which are 
patronized by persons benefiting from this rule. This rule also is 
beneficial to the effective operation of the United States Government, 
specifically, the Department of State which is relieved from issuing 
thousands of nonimmigrant visas.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service in 
accordance with the Regulatory

[[Page 7990]]

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 
affects individual visitors to the United States by removing the 
requirement of securing a nonimmigrant visa prior to entry into the 
United States beyond the U.S. Virgin Islands.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the 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 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 on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

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.

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 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

    Accordingly, part 212 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

    1. The authority citation for part 212 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 
1226, 1227, 1228, 1252; 8 CFR part 2.

    2. In Sec. 212.1, paragraph (b) is revised to read as follows:


Sec. 212.1  Documentary requirements for nonimmigrants.

* * * * *
    (b) Certain Caribbean residents. (1) British, French, and 
Netherlands nationals, and nationals of certain adjacent islands of the 
Caribbean which are independent countries. A visa is not required of a 
British, French, or Netherlands national, or of a national of Barbados, 
Grenada, Jamaica, or Trinidad and Tobago, who has his or her residence 
in British, French, or Netherlands territory located in the adjacent 
islands of the Caribbean area, or in Barbados, Grenada, Jamaica, or 
Trinidad and Tobago, who:
    (i) Is proceeding to the United States as an agricultural worker;
    (ii) Is the beneficiary of a valid, unexpired indefinite 
certification granted by the Department of Labor for employment in the 
Virgin Islands of the United States and is proceeding to the Virgin 
Islands of the United States for such purpose, or
    (iii) Is the spouse or child of an alien described in paragraph 
(b)(1)(i) or (b)(1)(ii) of this section, and is accompanying or 
following to join him or her.
    (2) Nationals of the British Virgin Islands. A visa is not required 
of a national of the British Virgin Islands who has his or her 
residence in the British Virgin Islands, if:
    (i) The alien is seeking admission solely to visit the Virgin 
Islands of the United States; or
    (ii) At the time of embarking on an aircraft at St. Thomas, U.S. 
Virgin Islands, the alien meets each of the following requirements:
    (A) The alien is traveling to any other part of the United States 
by aircraft as a nonimmigrant visitor for business or pleasure (as 
described in section 101(a)(15)(B) of the Act);
    (B) The alien satisfies the examining U.S. Immigration officer at 
the port-of-entry that he or she is clearly and beyond a doubt entitled 
to admission in all other respects; and
    (C) The alien presents a current Certificate of Good Conduct issued 
by the Royal Virgin Islands Police Department indicating that he or she 
has no criminal record.
* * * * *
    Dated: February 10, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-3982 Filed 2-17-99; 8:45 am]
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