Visas: Passports and Visas Not Required for Certain Nonimmigrants

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2415]

Visas: Passports and Visas Not Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs, State.

ACTION: Interim rule with request for comments.

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SUMMARY: Section 217 of the Immigration and Nationality Act (INA), 8

U.S.C. 1187, as amended, extends the Visa Waiver Pilot Program (VWPP)

to nationals of all countries that qualify

[[Page 39319]]

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. The interim rule extends the Visa Waiver Pilot Program to

Australia which the Department has determined has met all of the

requirements for participation in the Program.

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

are invited and must be received on or before August 28, 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, 8

U.S.C. 1187, as amended by Public Law 103-415, 108 Stat. 4299, October

25, 1994 and Public Law 103-416, 108 Stat. 4305, October 25, 1994.

Section 313 of the Immigration Reform and Control Act of 1986 (IRCA),

Public Law 99-603, added section 217 to the INA. Section 217, 8 U.S.C.

1187, established the nonimmigrant Visa Waiver Pilot Program 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. 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.)

Public Law 103-415 amended section 217 of the INA to extend the

Visa Waiver Pilot Program through September 30, 1995. Public Law 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. Argentina was

added as a Visa Waiver Pilot Program country on July 8, 1996 (see 61 FR

35628-35629).

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

Australia as a Visa Waiver Pilot Program country.

For a country to qualify as a participant in the Visa Waiver Pilot

Program, the country must agree to waive the visa requirement for

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

must meet statutorily prescribed limits on visa refusal rates for the

prior two year period as well as the prior year; must meet statutorily

prescribed limits on rates of exclusion at port of entry and on

overstay limits, and must have a machine readable passport program. The

Department has determined that Australia has met these requirements,

and Australia, therefore, is added effective (enter date of publication

in the Federal Register) 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.)

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 set forth at 5 U.S.C. 553(b)(B) and

553(d)(3). Because this rule will facilitate U.S. tourist and business

travel to Australia, pre-promulgation public comment would be contrary

to the public interest. This rule will, therefore, become effective

upon 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. 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) * * * (2) * * * ``; and Australia effective July 29, 1996.''

* * * * *

Dated: July 23, 1996.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96-19172 Filed 7-26-96; 8:45 am]

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