Adding Australia to the List of Countries Authorized To Participate in the Visa Waiver Pilot Program

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 1782-96]

RIN 1115-AB93

Adding Australia to the List of Countries Authorized To

Participate in the Visa Waiver Pilot Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service

(``Service'') regulations by adding Australia to the list of countries

designated to participate in the Visa Waiver Pilot Program (VWPP),

thereby permitting nationals of Australia 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 and benefit United

States businesses.

DATES: This interim rule is effective July 29, 1996. Written comments

must be submitted on or before September 27, 1996.

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 number 1782-96 on

your correspondence. Comments are available for public inspection at

the above address by calling (202) 514-3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Tom Graber, Assistant Chief Inspector, Inspections Division,

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

Washington, DC 20536, Telephone number: (202) 616-7496.

SUPPLEMENTARY INFORMATION: Section 313 of the Immigration Reform and

Control Act of 1986 (IRCA), Public Law 99-603, added section 217 to the

Immigration and Nationality Act (Act), 8 U.S.C. 1187, which established

the VWPP. The VWPP 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. Accordingly, the

Service designated by regulations published in the Federal

[[Page 39272]]

Register, the following eight (8) countries to participate in the VWPP:

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Country Effective date Federal Register citation

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(1) United Kingdom....................... July 1, 1988............................. 53 FR 24901, June 30, 1988.

(2) Japan................................ December 15, 1988........................ 53 FR 50161, December 13, 1988.

(3) France............................... July 1, 1989............................. 54 FR 27120, June 27, 1989.

(4) Switzerland.......................... July 1, 1989............................. 54 FR 27120, June 27, 1989.

(5) Germany.............................. July 15, 1989............................ 54 FR 27120, June 27, 1989.

(6) Sweden............................... July 15, 1989............................ 54 FR 27120, June 27, 1989.

(7) Italy................................ July 29, 1989............................ 54 FR 27120, June 27, 1989.

(8) Netherlands.......................... July 29, 1989............................ 54 FR 27120, June 27, 1989.

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Section 201 of the Immigration Act of 1990 (IMMACT 90), Public Law

101-649, dated November 29, 1990, further amended the VWPP removing the

eight-country cap and extending the provisions to all countries that

met the qualifying provisions contained in section 217 of the Act. In

addition, section 201 of IMMACT 90 also extended the period for the

VWPP until September 30, 1994. Subsequently, the Service designated by

regulations published in the Federal Register, the following fifteen

(15) additional countries to participate in the VWPP:

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Country Effective date Federal Register citation

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(1) Andorra.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(2) Austria.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(3) Belgium.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(4) Denmark.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(5) Finland.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(6) Iceland.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(7) Liechtenstein........................ October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(8) Luxembourg........................... October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(9) Monaco............................... October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(10) New Zealand......................... October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(11) Norway.............................. October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(12) San Marino.......................... October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(13) Spain............................... October 1, 1991.......................... 56 FR 46716, September 13, 1991.

(14) Brunei.............................. July 29, 1993............................ 58 FR 40581, July 29, 1993.

(15) Argentina........................... July 8, 1996............................. 61 FR 35598, July 8, 1996.

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Section 210 of the Immigration and Nationality Technical

Corrections Act of 1994, Public Law 103-416, dated October 25, 1994,

extended the expiration date of the VWPP until September 30, 1996.

Addition of Australia to the VWPP

Australia does not require visas for citizens and nationals of the

United States entering for ninety (90) days or less. Thus it meets the

requirement of providing reciprocal treatment for United States

citizens and nationals. Australia also meets the statutorily prescribed

limits on visa refusal rates for the prior 2-year period and for each

of those two years. Australia also has a machine-readable passport

program and the Attorney General has determined that law enforcement

interests would not be compromised by the designation of Australia.

Accordingly, this interim rule amends 8 CFR part 217 to extend the VWPP

to include the country of Australia, which meets all the requirements

for that status. Australia is, therefore, designated as a country

participating in the VWPP by the Secretary of State and the Attorney

General, acting jointly through their 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

provisions 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 for immediate implementation of this interim

rule without prior notice and comment are as follows: This interim rule

relieves a restriction and is beneficial to both the traveling public

and United States 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 for 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 adopted 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.

List of Subjects in 8 CFR Part 217

Administrative practices and procedures, Aliens, Nonimmigrants,

Passports and visas.

[[Page 39273]]

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. In Sec. 217.5, paragraph (a)(1) is revised to read as follows:

Sec. 217.5 Designated countries.

(a)(1) Visa Waiver Pilot Program Countries. United Kingdom

(effective July 1, 1988); Japan (effective December 15, 1988); France

and Switzerland (effective July 1, 1989); 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); Brunei (effective July 29, 1993);

Argentina (effective July 8, 1996); and Australia [Insert date of

publication in the Federal Register] have been designated as Visa

Waiver Pilot Program countries based on the criteria set forth at

sections 217(a)(2)(A) and 217(c) of the Act.

* * * * *

Dated: July 24, 1996.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 96-19169 Filed 7-26-96; 8:45 am]

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