[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Rules and Regulations]
[Pages 32529-32530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15133]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules 
and Regulations  

[[Page 32529]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 2144-01]
RIN 1115-AG27


Removing Russia from 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.

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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 removes Russia from 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 date: This interim rule is effective June 15, 2001.
    Comment date: Written comments must be submitted on or before 
August 14, 2001.

ADDRESSES: Please submit written comments 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 2144-01 on your correspondence to ensure proper and 
timely handling. You may also submit comments to the Service 
electronically at http:/www.ins.usdoj.gov. When submitting comments 
electronically, please include INS No. 2144-01 in the subject line. 
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)(2) by removing Russia from the list 
of countries whose citizens are ineligible for TWOV privileges.

Why Is Russia Being Removed From the Ineligibility List in 
Sec. 212.1(f)(2)?

    Upon further review by the Service, and in consultation with the 
Department of State, the Service now has determined that Russia should 
be granted TWOV privileges. This determination has been made, in light 
of the factors that the Service has adopted, for determining which 
countries' citizens and nationals are ineligible to apply for TWOV 
privileges. The Service therefore is removing Russia from the listing 
of countries whose citizens are ineligible for TWOV privileges.

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'' exception found at 5 U.S.C. 553(b)(B) and 553(d)(3). Since the 
Service is removing a country from the list of ineligible countries, 
the Service finds that ``good cause'' exists under 5 U.S.C. 553(d)(3) 
to make this rule effective upon date of publication. Delaying the 
effective date of this interim rule is impractical and contrary to the 
public interest because it would prevent the Service and the Secretary 
of State from reinstating TWOV privileges on a timely basis. 
Accordingly, there is ``good cause'' under 5 U.S.C. 553 to make this 
rule effective upon the date of publication in the Federal Register.

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, although this rule may have an economic impact on small entities 
(air carriers), this rule is intended to encourage travel by Russian 
nationals and thus would have a positive impact on the air carrier and 
port-of-entry revenues.

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 one 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.

[[Page 32530]]

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.


Sec. 212.1  [Amended]

    2. Section 212.1(f)(2) is amended by removing the country 
``Russia,'' from the list of countries whose citizens and nationals are 
ineligible for TWOV privileges.

    Dated: June 12, 2001.
Kevin D. Rooney,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 01-15133 Filed 6-12-01; 3:47 pm]
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