[Federal Register Volume 66, Number 62 (Friday, March 30, 2001)]
[Rules and Regulations]
[Pages 17321-17322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7914]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 62 / Friday, March 30, 2001 / Rules 
and Regulations  

[[Page 17321]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 2129-01]
RIN 1115-AG16


Adding Colombia to the List of Countries Whose Citizens or 
Nationals Are Ineligible for Transit Without Visa (TWOV) Privileges to 
the United States Under the TWOV Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Transit Without Visa (TWOV) Program allows certain aliens 
to transit the United States en route to a specified foreign country 
without a passport or visa provided they are traveling on a carrier 
signatory to an agreement with the Immigration and Naturalization 
Service (Service) in accordance with section 233(c) of the Immigration 
and Nationality Act (Act). This interim rule adds Colombia to the list 
of those countries that the Service, acting on behalf of the Attorney 
General and jointly with the Department of State, has determined to be 
ineligible for participation in the TWOV program.

DATES: Effective dates: Amendment 2 of this interim rule is effective 
April 2, 2001. Amendment 3 of this interim rule is effective April 6, 
2001.
    Comment date: Written comments must be submitted on or before May 
29, 2001.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW, Room 4034, Washington, DC 
20536. Please include INS number 2129-01 on your correspondence to 
ensure proper and timely handling. Comments are available for public 
inspection at the above address by calling (202) 514-3048 to arrange 
for an appointment.

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 Is the Authority for Participation in the TWOV Program?

    Section 212(d)(4)(C) of the Act provides authority for the Attorney 
General acting jointly with the Secretary of State (see Department of 
State regulation published elsewhere in this issue of the Federal 
Register) to waive nonimmigrant visa requirements for aliens who are 
proceeding in immediate and continuous transit through the United 
States and are using a carrier which has entered into a contract with 
the Service authorized under section 233(c) of the Act, in this case an 
Immediate and Continuous Transit Agreement on Form I-426, also known as 
a TWOV Agreement.

How Does This Interim Rule Amend the Regulations?

    This rule amends Sec. 212.1(f)(3) (section 212.1(f)(3) will be 
redesignated and revised as Sec. 212.1(f)(2) effective April 6, 2001) 
by adding Colombia to the list of countries whose citizens are 
ineligible for TWOV privileges.

Why Is Colombia Being Added to the Ineligibility List in 
Sec. 212.1(f)(3)?

    Colombia is being added to Sec. 212.1(f)(3) (section 212.1(f)(3) 
will be redesignated and revised as Sec. 212.1(f)(2) effective April 6, 
2001) making the waiver of the passport and visa requirement 
unavailable to an alien who is a citizen of that country (e.g., 
ineligible for TWOV privileges) because a steadily increasing number of 
Colombian citizens and nationals have exhibited a significant 
probability to abuse the TWOV privilege.

How Have Certain Citizens of Colombia Abused the TWOV Privilege?

    During the period between October 1, 2000, and February 28, 2001, 
approximately 600 Colombian citizens who boarded their respective 
flights as TWOV passengers, purportedly in transit through Miami 
International Airport to a third country, refused to depart the United 
States within the timeframes established by the TWOV program. 
Consequently, and at a cost to the United States Government, these 
aliens were placed into administrative proceedings to determine whether 
they could remain in the United States. Indeed, the number of Colombian 
citizens who used TWOV privileges to come to the United States and then 
refused to depart timely increased from 22 in October 2000, to 56 in 
November, 110 in December, 161 in January 2001, and 248 in February. 
This represents a large increase over the 29 such incidents that 
occurred in fiscal year 2000 (a rate of less than three instances a 
month). This trend represents an escalating trend and an abuse of the 
TWOV privilege.

Good Cause Exception

    The implementation of this rule as an interim rule, with a 60-day 
provision for post-promulgation public comments, is based on the ``good 
cause'' exceptions found at 5 U.S.C. 553(b)(B) and 553(d)(3). The 
effective date of this rule on April 2, 2001 is necessary to prevent an 
anticipated sharp increase in the abuse of the TWOV privilege by 
citizens of Colombia in the near future. Further, there is a reasonable 
concern that publication of this rule with an effective date 30 or 60 
days after publication could lead to the counter-productive result of a 
surge of individuals attempting to make fraudulent use of the TWOV 
privilege. Since prior notice and public comments with respect to this 
interim rule are impractical and contrary to public interest, there is 
good cause under 5 U.S.C. 553 to make this rule effective on April 2, 
2001.

Regulatory Flexibility Act

    The Acting 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 governs whether a 
citizen of a particular country may transit the United States under the 
TWOV program. These aliens are not considered small entities as that 
term is defined under 5 U.S.C. 601(6).

[[Page 17322]]

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 cost 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. Accordingly, the Office of Management 
and Budget has waived its review process under section 6(a)(3)(A).

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the 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.

Executive Order 12988--Civil Justice Reform

    This final rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

List of Subjects in 8 CFR Part 212

    Administrative practice and procedure, Aliens, Passports and Visas.

    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. Section 212.1(f)(3), currently in effect, is amended by adding 
``Colombia,'' in proper alphabetical sequence effective April 2, 2001.

    3. Section 212.1(f)(2), as redesignated and revised at 66 FR 1018, 
effective April 6, 2001, is amended by adding ``Colombia,'' in proper 
alphabetical sequence effective April 6, 2001.

    Dated: March 23, 2001.
Mary Ann Wyrsch,
Acting Commissioner, Immigration and Naturalization, Service.
[FR Doc. 01-7914 Filed 3-29-01; 8:45 am]
BILLING CODE 4410-10-P