[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Rules and Regulations]
[Pages 7715-7716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3584]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 2038-99]
RIN 1115-AF68


Adding Cleveland, Ohio, Ft. Myers, Florida, and San Jose, 
California to the List of Ports-of-Entry Accepting Applications for 
Direct Transit Without Visa

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations by adding Cleveland, Ohio, Ft. Myers, Florida, 
and San Jose, California, to the list of ports-of-entry where, except 
for transit from one part of foreign contiguous territory to another 
part of the same territory, an alien must make application for 
admission to the United States for direct transit without visa. This 
change is necessary to accommodate the increase in international 
commerce serving Cleveland, Ohio, Ft. Myers, Florida, and San Jose, 
California.

DATES: This rule is effective February 16, 2000.

FOR FURTHER INFORMATION CONTACT: Robert F. Hutnick, Assistant Chief 
Inspector, Immigration and Naturalization Service, 425 I Street, NW, 
Room 4064, Washington, DC 20536, telephone number (202) 616-7499.

SUPPLEMENTARY INFORMATION:

What Does This Final Rule Change?

    This final rule adds Cleveland, Ohio, Ft. Myers, Florida, and San 
Jose, California, to 8 CFR 214.2(c)(1) as ports-of-entry where, except 
for transit from one part of foreign contiguous territory to another 
part of the same territory, application for direct transit without visa 
must be made.

Why Is the Service Making This Change?

    The Cleveland Hopkins International Airport in Cleveland, Ohio, 
recently began daily nonstop service between Cleveland and the United 
Kingdom's London Gatewick Airport. Passengers wishing to travel between 
Canada and London via Cleveland will benefit from this rule change. The 
Southwest Florida International Airport in Ft. Myers, Florida, has 
added additional international passenger service, specifically arrivals 
transiting between the German Federal Republic and Mexico. In addition, 
the designation of the airport at San Jose, California, as a transit 
without visa port-of-entry will allow carriers to accept passengers 
transiting between the Far East and Latin America. By allowing these 
airports to accept applications for direct transit without visa, they 
will be able to accommodate these transit air passengers.

Administrative Procedures Act

    Compliance with 5 U.S.C. 553(a)(2) as to notice of proposed 
rulemaking and delayed effective date is unnecessary as this rule 
relates to agency management, and accordingly, is not a ``rule'' as 
that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
Therefore the reporting requirement of 5 U.S.C. 801 does not apply.

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 allows the Cleveland, Ohio, Ft. Myers, 
Florida, and San Jose, California, airports to accommodate individual 
international passengers by providing authority to carriers to accept 
applications for direct transit without visa.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation. This rule falls within a category of actions 
that the Office of Management and Budget (OMB) has determined not to 
constitute ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and accordingly 
this rule has not been reviewed by OMB.

Executive Order 13132

    This regulation 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 section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

List of Subjects in 8 CFR Part 214

    Administrative practice and procedure, Aliens, Passports, and 
Visas.

    Accordingly, part 214 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 214--NONIMMIGRANT CLASSES

    1. The authority citation for part 214 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 
1281, 1282; 8 CFR part 2.


Sec. 214.2  [Amended]

    2. In Sec. 214.2, paragraph (c)(1) is amended in the fourth 
sentence by:
    a. Adding ``Cleveland, OH,'' immediately after ``Christiansted, 
VI,''
    b. Adding ``Ft. Myers, FL,'' immediately after ``Fairbanks, AK,'' 
and by
    c. Adding ``San Jose, CA,'' immediately after ``San Francisco, 
CA,''.


[[Page 7716]]


    Dated: February 4, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-3584 Filed 2-15-00; 8:45 am]
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