VISAS: Passports and Visas Not Required for Certain Nonimmigrants

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2177]

VISAS: Passports and Visas Not Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule extends the Visa Waiver Pilot Program to

September 30, 1996 and creates a new probationary status for certain

countries which meet the requirements for that status under the Visa

Waiver Pilot Program and which are designated by the Secretary of State

and the Attorney General, acting jointly, as countries whose nationals

benefit from the waiver of the nonimmigrant B-1/B-2 visa requirement.

The extension of time for the Visa Waiver Pilot Program applies to

those countries already in the program as well as to any countries

which may be designated thereunder in the future. A statistical

analysis was made to determine which countries could become visa waiver

pilot countries with probationary status. As a result of that initial

analysis it has been determined that Ireland, currently, is the only

county which meets the criteria set forth for such countries.

DATES: This interim rule is effective on April 1, 1995. Written

comments are invited and must be received on or before May 30, 1995.

ADDRESSES: Written comments may be submitted, in duplicate, to the

Chief, Legislation and Regulations Division, Visa Services, Department

of State, Washington, DC 20522-0113.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation

and Regulations Division, Visa Office, Department of State, Washington,

DC 20522-0113 (202) 663-1204.

SUPPLEMENTARY INFORMATION: This interim rule amends part 41, title 22

of the Code of Federal Regulations concerning visas for nonimmigrants

pursuant to section 217 of the Immigration and Nationality Act (INA), 8

U.S.C. 1187, as amended by Pub. L. 103-415, 108 Stat. 4299, approved:

10/ [[Page 15873]] 25/94 and Pub. L. 103-416, 108 Stat. 4305, approved:

10/25/94. Pub. L. 103-415 amended section 217 of the INA to extend the

Visa Waiver Pilot Program (VWPP) through September 30, 1995. Pub. L.

103-416 amended section 217 of the INA to extend the Visa Waiver Pilot

Program to September 30, 1996, and to create a new probationary status

for certain countries which meet the requirements for that status under

the Visa Waiver Pilot Program and which are designated by the Secretary

of State and the Attorney General, acting jointly, as countries whose

nationals benefit from the waiver of the nonimmigrant B-1/B-2 visa

requirement. Section 313 of the Immigration Reform and Control Act of

1986 (IRCA), Pub. L. 99-603 added section 217 to the INA. Section 217,

8 U.S.C. 1187, established the nonimmigrant Visa Waiver Pilot Program

(VWPP) which waives the nonimmigrant visa requirement for the admission

of certain aliens into the United States for a period not to exceed

ninety days. That original provision authorized the participation of

eight countries in the VWPP. A final rule containing regulations

designed to implement facilitation of the admission of certain

nonimmigrant alien visitors under the VWPP was published at 53 FR

24903-24904 of the Federal Register of June 30, 1988. Its publication

was codified in part 41 of title 22 of the Code of Federal Regulations

(CFR), 22 CFR 41.2(1). Under that final rule the United Kingdom was the

only county designated to received these benefits for its nationals.

Japan, having agreed to reciprocal treatment for United States citizens

entering Japan under similar circumstances, was added as a designated

country under the Pilot Program effective on December 15, 1988 in a

final rule published at 53 FR 50161-50162 of the Federal Register of

December 13, 1988. France, The Federal Republic of Germany, Italy, The

Netherlands, Sweden, and Switzerland, having met all of the

requirements for participants in the Visa Waiver Pilot Program, were

added later as designated countries participating in the Pilot Program

(i.e., the six remaining countries under the Eight Country Pilot

Program established by section 313 of IRCA). This action was

accomplished by the Secretary of State and the Attorney General, acting

jointly through their designees, in a final rule published at 54 FR

27120-27121 of the Federal Register of June 27, 1989.

On November 29, 1990, the President approved the Immigration Act of

1990 (Pub. L. 101-649, 104 Stat 4978) (IA). Section 201 thereof revised

the Visa Waiver Pilot Program set forth in section 313 of IRCA (Sec.

217 INA, 8 U.S.C. 1187). It removed the eight-country cap and and

extended the program's provisions to all countries that meet the

qualifying provisions of the Visa Waiver Pilot Program and are

designated by the Secretary of State and the Attorney General as Pilot

Program countries thereunder. Section 201 also extended the period of

the pilot program until September 30, 1994 for the eight pilot program

countries already designated under IRCA as well as for any additional

Pilot Program countries that might be designated under the law, as

amended, subject to their continued qualification thereunder. (See

also: section 303 of the Immigration Technical Corrections Act of 1991,

Pub. L. 102-232.)

As a result of these amendments to section 217 of the INA, Andorra,

Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, Luxembourg,

Monaco, New Zealand, Norway, San Marino, and Spain, having met all of

the requirements for participants in the nonimmigrant Visa Waiver Pilot

Program, were added, effective on October 1, 1991. They were so

designated as participants in the Visa Waiver Pilot Program by the

Secretary of State and the Attorney General, acting jointly through

their designees, in an Interim Rule published at 56 FR 46716-46717 of

the Federal Register of September 13, 1991.

Brunei was designated as a participant in the Visa Waiver Pilot

Program by the Secretary of State and the Attorney General, acting

jointly through their designees, in an interim rule published at 58 FR

40581-40586 of the Federal Register of July 29, 1993.

Each of the above rules amended 22 CFR 41.2. This interim rule,

with request for comments, further amends part 41, title 22 to include

Ireland as a Visa Waiver Pilot Program country with probationary status

since it has met the requirements for that status under INA 217, as

amended.

Under its own laws, Ireland does not now require visas for

nationals of the United States entering Ireland for ninety (90) days or

less. Thus it meets the requirement of providing reciprocal treatment

for United States nationals entering Ireland. Other requirements are

that the country meet statutorily prescribed limits on visa refusal

rates for the prior two year period as well as the prior year; that it

meet statutorily prescribed limits on rates of exclusion at port of

entry and on overstay limits, and that it has a machine readable

passport program. The statutory limits required to be met are higher

than those required for non-probationary participation in the visa

waiver program. Ireland also meets the other statutory requirements for

probationary status. Therefore, Ireland is added, effective April 1,

1995, as a country with probationary status participating in the Visa

Waiver Pilot Program. (See the Immigration and Naturalization Service

rule also published in this issue of the Federal Register.) Therefore,

effective on the publication date, citizens of Ireland shall be

eligible for participation in the Visa Waiver Pilot Program.

Interim Rule

The implementation of this rule as an interim rule, with a 30-day

provision for post-promulgation public comments, is based upon the

``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and

553(d)(3). This rule grants or recognizes an exemption or relieves a

restriction under 5 U.S.C. 553(d)(1) and is considered beneficial to

both the travelling public and United States businesses. Therefore, it

is being made effective less than thirty days after publication in the

Federal Register.

In accordance with 5 U.S.C. 605(b) (Regulatory Flexibility Act), it

is certified that this rule does not have a ``significant adverse

economic impact'' on a substantial number of small entities, because it

is inapplicable. This rule is exempt from E.O. 12866, but has been

coordinated with the Immigration and Naturalization Service because

joint action of the Secretary of State and the Attorney General is

required under section 217 of the INA, as amended. The rule imposes no

reporting or record-keeping action on the public requiring the approval

of the Office of Management and Budget under the Paperwork Reduction

Act. Nor does this rule have federalism implications warranting the

preparation of a Federalism Assessment in accordance with E.O. 12612.

This rule has been reviewed as required by E.O. 12778 and is certified

to be in compliance therewith.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Visas, Passports, Temporary visitors,

Waivers.

In view of the foregoing, 22 CFR part 41 is amended as follows:

PART 41--[AMENDED]

1. The authority citation for part 41 continues to read:

Authority: 8 U.S.C. 1104, 66 Stat. 174; 8 U.S.C. 1187, 108 Stat.

4312 and 4313.

2. Section 41.2 is amended by revising paragraph (l) to read as

follows: [[Page 15874]]

Sec. 41.2 Waiver by Secretary of State and Attorney General of

passport and/or visa requirements for certain categories of

nonimmigrants.

* * * * *

(l) Visa Waiver Pilot Program. (1) Notwithstanding the provisions

of paragraphs (a) through (k) of this section, a visa is not required

of any person who seeks admission to the United States for a period of

90 days or less as a visitor for business or pleasure and who is

eligible to apply for admission to the United States as a Visa Waiver

Pilot Program applicant, either as:

(i) A citizen of a pilot program country; or

(ii) a citizen of a pilot program country with probationary status,

pursuant to the provisions of section 217 of the Act, as amended.

(2) Countries designated as pilot program countries under paragraph

(l)(1), (i) of this section, are: the United Kingdom (effective July 1,

1988): Japan (effective December 15, 1988); France and Switzerland

(effective July 1, 1989); The Federal Republic of Germany and Sweden

(effective July 15, 1989); Italy and The Netherlands (effective July

29, 1989); Andorra, Austria, Belgium, Denmark, Finland, Iceland,

Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, San Marino, and

Spain (effective October 1, 1991; and Brunei (effective July 29, 1993).

Countries designated as pilot program countries with probationary

status under paragraph (1)(l)(ii) of this section are: Ireland

effective April 1, 1995 until September 30, 1998 or the expiration of

the Visa Waiver Pilot Program, whichever comes first.

Dated: March 3, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 95-7050 Filed 3-27-95; 8:45 am]

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