VISAS: Passports and Visas Not Required for Certain Nonimmigrants

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2409]

VISAS: Passports and Visas Not Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Interim Rule with request for comments.

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SUMMARY: 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. Section 217, as amended, extends the Visa Waiver

Pilot Program to nationals of all countries that qualify under the

provisions of the Pilot Program and which are designated by the

Secretary of State and the Attorney General as countries whose

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

requirement. This amendment extends the Visa Waiver Pilot Program to

Argentina, which has met all of the requirements for the Program.

DATES: This interim rule is effective July 8, 1996. Written comments

are invited and must be received on or before August 7, 1996.

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

Chief, Legislation and Regulations Division, Visa Services, Department

of State, Washington, DC 20520-0113.

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, October

25,1994 and Pub. L. 103-416, 108 Stat. 4305, October 25, 1994.

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 to be designated by the Secretary of State

and the Attorney General, acting jointly through their designees. These

original qualifying countries included: France; the Federal Republic of

Germany; Italy; Japan, the Netherlands; Sweden; Switzerland; and the

United Kingdom. [See Federal Register publications 53 FR 24903-24904,

June 30, 1988; 53 FR 50161-50162, December 13, 1988; and 54 FR 27120-

27121, June 27, 1989.]

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.

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

extended its 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.

Effective October 1, 1991, 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

as participants in the Program. [See 56 FR 46716-46717, 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 26, 1993. On March 28, 1995

the interim rule published at 59 FR 15872-15873 added Ireland as a Visa

Waiver Pilot Program country with probationary status.

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

Argentina as a Visa Waiver Pilot Program country

[[Page 35629]]

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

amended.

Argentina does not require visas for nationals of the United States

entering for ninety (90) days or less. Thus it meets the requirement of

providing reciprocal treatment for United States nationals. 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 have a machine

readable passport program. Argentina meets these additional

requirements. Argentina is, therefore, added effective July 8, 1996 as

a participating country 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 of this interim rule, citizens of Argentina 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 traveling public and United States businesses. Therefore, it

is being made effective 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 from the public requiring the

approval of the Office of Management and Budget under the Paperwork

Reduction Act requirements. This rule has been reviewed as required by

E.O. 12988 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. In Sec. 41.2 the last sentence of paragraph (l)(2) is amended by

removing the period and adding the following text at the end of the

sentence:

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. * * *; and Argentina July 8, 1996.

Dated: July 13, 1996.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96-17194 Filed 7-5-96; 8:45 am]

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