Contracts With Transportation Lines; Signatory Authority

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 238

[INS No. 1640-93]

RIN 1115-AC24

Contracts With Transportation Lines; Signatory Authority

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends agency regulations by adding the names

of airlines who have entered into agreements with the Immigration and

Naturalization Service (Service) under the purview of the Immigration

and Nationality Act (the Act). This rule is necessary so that air

carriers who become signatory to preinspection or transit without visa

(TWOV) agreements with the Services are listed in agency regulations.

This rule also adds Aruba and Paradise Island, Bahamas to the list of

preinspection stations.

EFFECTIVE DATE: This rule is effective January 12, 1994.

FOR FURTHER INFORMATION CONTACT: Una Brien, Assistant Chief Inspector,

Inspections Division, Immigration and Naturalization Service, 425 I

Street, NW., room 7228, Washington, DC 20536, telephone (202) 514-2681.

SUPPLEMENTARY INFORMATION: Under the current regulations, air carriers

are required to enter into contracts with the Service in order to

participate in the preinspection and Transit Without Visa (TWOV)

programs. Contracts have been signed using Forms I-425 (Agreement for

Preinspection) and I-426 (Immediate and Continuous Transit Agreement)

under the purview of section 238 of the Immigration and Nationality

Act. Accordingly, Secs. 238.3 and 238.4 of title 8 of the Code of

Federal Regulations are being amended to include these carriers.

The Service's implementation of this rule as a final rule is based

upon the ``good cause'' exception found at 5 U.S.C. 553(b)(B) and

(d)(3). The reasons for immediate implementation of this final rule are

as follows: A notice and comment period for a proposed rule is

unnecessary because this regulation merely updates the listing of

carriers and preinspection stations signatory with the agency.

Moreover, it imposes a benefit rather than a burden or penalty of any

kind to applicable persons.

In accordance with 5 U.S.C. 605(b), the Commissioner of the

Immigration and Naturalization Service certifies that this rule does

not have a significant adverse economic impact on a substantial number

of small entities. It is anticipated that this rule will not have a

significant adverse economic impact since this rule merely amends

agency regulations by adding to the list of airline carriers and

preinspection stations. This rule is not significant within the meaning

of section 3(f) of Executive Order 12866, nor does this rule have

Federalism implications warranting the preparation of a Federalism

Assessment in accordance with Executive Order 12612.

List of Subjects in 8 CFR Part 238

Administrative practice and procedures, Air carriers, Aliens,

Government contracts, Travel.

Accordingly, part 238 of chapter I of title 8 of the Code of

Federal Regulations is amended as follows:

PART 238--CONTRACTS WITH TRANSPORTATION LINES

1. The authority citation for part 238 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1228; 8 CFR part 2.

2. In Sec. 238.3, paragraph (a) is revised to read as follows:

Sec. 238.3 Aliens in immediate and continuous transit.

(a) Form I-426 agreements. A transportation line bringing aliens to

the United States pursuant to Sec. 212.1(f)(1) of this chapter shall

enter into an agreement on Form I-426. Such an agreement shall be

negotiated directly by the Service's Headquarters Inspections Office

and the head offices of the transportation lines.

* * * * *

3. In Sec. 238.3, paragraph (b) is amended by adding the following

airline carriers, in alphabetical sequence, to the list of signatory

lines to read as follows:

Sec. 238.3 Aliens in immediate and continuous transit.

* * * * *

(b) * * *

* * * * *

Aerolineas Centrales De Colombia (ACES).

* * *

Aeroposta, S.A.

* * *

Air Aruba.

* * *

AirBC Limited.

* * *

Air Belgium.

* * *

Air Columbus.

* * *

Air Gambia Limited.

* * *

Alliance Air.

* * *

Asiana Air.

* * *

Atlantic Air BVI.

* * *

Aviateca, S.A.

* * *

Balkan Bulgarian.

* * *

Dominair.

* * *

Eva Air.

* * *

Florida Air, Inc.

* * *

J. D. Valenciana De Aviacion.

* * *

KIWI International Airlines.

* * *

Leisure International Airways.

* * *

Miami Air.

* * *

Nicaraguense De Aviacion S.A. (NICA).

* * *

Polynesian Airlines.

* * *

SAETA.

* * *

Transbrasil Airlines.

* * *

Translift Airways.

* * *

Transworld Express.

* * *

Turkish Airlines.

* * *

VASP Brazilian (Viacao Aerea Sao Paulo S.A.).

* * * * *

Sec. 238.3 [Amended]

4. In Sec. 238.3, paragraph (b) is amended by removing ``Aerovias

Venezolanas, S.A. (AVENSA)'' and ``Avensa Airlines'' from the list of

carriers.

5. Section 238.4 is amended by adding the following preinspection

stations and airline carriers in alphabetical sequence within each

location, to read as follows:

Sec. 238.4 Preinspection outside the United States.

* * * * *

At Aruba

Air Aruba.

Airmark Aviation, Inc.

ALM Antillean Airlines.

American Airlines, Inc.

Jet Fleet Corporation.

Miami Air International, Inc.

Rich International Airways, Inc.

Servicious Avensa S.A. (SERVIVENSA).

At Bermuda

* * * * *

Miami Air International, Inc.

* * * * *

Northwest Airlines, Inc.

* * * * *

At Calgary

* * * * *

Miami Air International, Inc.

* * * * *

At Edmonton

* * * * *

Miami Air International, Inc.

* * * * *

At Freeport

* * * * *

Miami Air International, Inc.

* * * * *

Trinity Air Bahamas

* * * * *

At Montreal

* * * * *

Comair, Inc.

* * * * *

Miami Air International, Inc.

* * * * *

At Nassau

* * * * *

Miami Air International, Inc.

* * * * *

Trinity Air Bahamas

* * * * *

At Paradise Island

Paradise Island Airlines, Inc.

At Toronto

* * * * *

Atlantic Coast Airlines dba United Express

* * * * *

Conifair Aviation Inc. dba Royal Airlines

* * * * *

Miami Air International, Inc.

* * * * *

At Shannon

Aeroflot

* * * * *

Translift Airways Limited

At Vancouver

* * * * *

Miami Air International, Inc.

* * * * *

At Victoria

* * * * *

Miami Air International, Inc.

* * * * *

At Winnipeg

* * * * *

Miami Air International, Inc.

* * * * *

Dated: January 6, 1994.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 94-754 Filed 1-11-94; 8:45 am]

BILLING CODE 4410-10-M