Visa Waiver Pilot Program; Ireland

SUMMARY: The Immigration and Naturalization Service (Service) amends

its regulations by extending the Visa Waiver Pilot Program to permit

nationals of Ireland to apply for admission to the United States for

ninety (90) days or less as nonimmigrant visitors for business or

pleasure without first obtaining a nonimmigrant visa. This action will

facilitate travel to the United States.

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

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

ADDRESSES: Please submit written comments in triplicate, to the

Director, Policy Directives and Instructions Branch, Immigration and

Naturalization Service, 425 I Street NW., Room 5307, Washington, DC

20536. To ensure proper handling, please reference INS No. 1685-95 on

your correspondence. Comments will be available for public inspection

at this location by calling (202) 514-3048 to arrange an appointment.

FOR FURTHER INFORMATION CONTACT:

Ronald J. Hays, Assistant Chief Inspector, Inspections Division,

Immigration and Naturalization Service, 425 I Street NW, Room 7228,

Washington, DC 20536, Telephone number: (202) 514-0912.

SUPPLEMENTARY INFORMATION: Section 313 of the Immigration Reform and

Control Act of 1986 (IRCA), Pub. L. 99-603, added section 217 to the

Immigration and Nationality Act (Act) which established the

nonimmigrant Visa Waiver Pilot Program. The Visa Waiver Pilot Program

waives the nonimmigrant visa requirement for the admission of certain

aliens to the United States for a period not to exceed ninety (90)

days. That original provision authorized the participation of eight

countries in the Pilot Program. Initially, the United Kingdom was the

only country designated to receive 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 December 15, 1988. France,

the Federal Republic of Germany, Italy, the Netherlands, Sweden, and

Switzerland, having met all of the requirements for participation in

the Visa Waiver Pilot Program, were added later as designated countries

participating in the Pilot Program. 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, on

June 27, 1989.

The Immigration Act of 1990, (IMMACT 90), Pub. L. 101-649, dated

November 29, 1990, revised the Visa Waiver Pilot Program as set forth

in section 313 of IRCA by removing the eight-country cap and extending

its provisions to all countries that met the qualifying provisions of

the Visa Waiver Pilot Program and were designated by the Secretary of

State and the Attorney General as Pilot Program countries thereunder.

Section 201 of IMMACT 90 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 were designated under the law, as amended, subject to

their continued qualification.

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

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

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

the requirements for participation in the nonimmigrant Visa Waiver

Pilot Program, were added, effective October 1, 1991. (56 FR 46716).

Subsequently, Brunei was added, effective July 29, 1993. (58 FR 40581).

Section 210 of the Immigration and Nationality Technical

Corrections Act of 1994, Pub. L. 103-416, dated October 25, 1994,

extended the expiration date of the Visa Waiver Pilot Program until

September 30, 1996, and revised the program, as set forth in section

211 of that Act, by adding a probationary program category of

designation. Countries designated for the probationary program are

required to meet a different eligibility standard than those designated

for the pilot program. Probationary program countries are required to

have:

a. A nonimmigrant visitor visa refusal rate average over the

preceding 2 fiscal years that is less than 3.5 percent of the total

number of nonimmigrant visitor visas for nationals of that country

which were granted or refused during those years;

b. A nonimmigrant visitor visa refusal rate that is less than

3.0 percent for the preceding fiscal year; and

c. Have a less than 1.5 percent violation rate which is defined

as the number of those nationals of the proposed country who were

admitted to the United States as nonimmigrant visitors during the

preceding fiscal year and who violated the terms of such admission

or were excluded or withdrew their applications for admission as

nonimmigrant visitors.

Unlike the pilot program, countries designated for the probationary

program are designated for a specific period of time, not to exceed 3

fiscal years.

This interim rule amends 8 CFR part 217 to extend the Visa Waiver

Pilot Program to include the country of Ireland in the newly

established probationary program. The Government of Ireland has agreed

to provide reciprocal treatment for United States citizens entering

Ireland under similar circumstances. The Government of Ireland has also

certified that it has established a program to introduce machine-

readable passports as required by section 217(g)(2)(D) of the Act.

Therefore, having met all of the other requirements of section 217(g)

of the Immigration and Nationality Act, as amended, Ireland is

designated as a country participating in the Probationary Program

portion of the Visa Waiver Pilot Program by the Secretary of State and

the Attorney General, acting jointly through their

[[Page 15856]] designees. (See the Department of State Rule published

elsewhere in this issue of the Federal Register.)

The Service's implementation of this rule as an interim rule, with

a 60-day provision for post-promulgation public comments, is based upon

the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3).

The reasons and the necessity are as follows: this rule relieves a

restriction and is beneficial to both the traveling public and U.S.

businesses.

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 removes a restriction to both the

public and United States businesses.

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, and the Office of Management and Budget

has waived its review process under section 6(a)(3)(A).

Executive Order 12612

The regulation proposed herein 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 Executive Order 12612, it is determined that this rule

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Executive Order 12606

The Commissioner of the Immigration and Naturalization Service

herein certifies that she has assessed this rule in light of the

criteria in Executive Order 12606 and has determined that it will not

have any impact on family well being.

List of Subjects in 8 CFR Part 217

Administrative practice and procedures, Aliens, Passports and

visas.

Accordingly, part 217 of chapter I of title 8 of the Code of

Federal Regulations is amended as follows:

PART 217--VISA WAIVER PILOT PROGRAM

1. The authority citation for part 217 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

2. Section 217.5 is amended by redesignating paragraph (a) as

paragraph (a)(1), revising the heading of newly designated (a)(1) to

read ``Visa Waiver Pilot Program Countries.'' and adding a new

paragraph (a)(2) to read as follows:

Sec. 217.5 Designated countries.

(a)(1) * * *

(2) Visa Waiver Pilot Program Countries with Probationary Status.

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

the Visa Waiver Pilot Program, whichever comes first, Ireland has been

designated as a Visa Waiver Pilot Program country with Probationary

Status in accordance with section 217(g) of the Act.

* * * * *

Dated: March 1, 1995.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 95-7450 Filed 3-27-95; 8:45 am]

BILLING CODE 4410-10-M