Bureau of Consular Affairs; Visas: Passports and Visas Not Required for Certain Nonimmigrants

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 2610]

Bureau of Consular Affairs; 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: Section 217 of the Immigration and Nationality Act (INA), as

amended, extends the Visa Waiver Pilot Program (VWPP) 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 interim rule eliminates

probationary entry status in the pilot program, designates Ireland (the

only country formerly designated as a participating country with

probationary status) as a permanent participating country and extends

the VWPP to Slovenia.

DATES: This interim rule is effective September 30, 1997. Written

comments are invited and must be received on or before October 30,

1997.

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

Chief, Legislation and Regulations Division, Visa Services, Room L-

603C, Department of State, Washington, D.C. 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and

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

D.C. 20522-0113 (202) 663-1203.

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 Pub. L. 103-415, (108 Stat. 4299, October

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

L. 104-208, (110 Stat. 3009-702, September 30, 1996).

Pub. L. 99-603

Section 313 of the Immigration Reform and Control Act of 1986

(IRCA), Pub. L. 99-603, amended the INA by adding a new section 217 (8

U.S.C. 1187). Section 217 provides for a 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. This 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 from among

countries meeting specific criteria. These original qualifying

countries included: France; the Federal

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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. 101-649

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

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

set forth in section 313 of IRCA (Sec. 217 INA, 8 U.S.C. 1187). It

removed the eight-country cap and extended the provisions of the VWPP

to all countries that meet the qualifying criteria of the Visa Waiver

Pilot Program and were designated by the Secretary of State and the

Attorney General in consultation with the Secretary of State 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 in an interim rule published at 58 FR 40581-40586 of the

Federal Register of July 26, 1993.

Pub. L. 103-415

Section 1(m) of Pub. L. 103-415 again amended section 217 of the

INA to extend the Visa Waiver Pilot Program through September 30, 1995.

Pub. L. 103-416

Section 210 of the Immigration and Nationality Technical

Corrections Act of 1994 (INTC) (Pub. L. 103-416) amended section 217 of

the INA extending the Visa Waiver Pilot Program to September 30, 1996.

Section 211 of INTC created and established criteria for a new

probationary qualification status for countries which met the criteria

for that status under the VWPP and which were designated by the

Secretary of State and the Attorney General, acting jointly, as

countries whose nationals benefitted from the waiver of the

nonimmigrant B-1/B-2 visa requirement.

The Department published an interim rule [59 FR 15872] to implement

the provisions of sections 210 and 211 (Pub. L. 103-416) on March 28,

1995. Ireland was determined to be the only country which met the

criteria set forth for such probationary qualification status. On July

8, 1996 Argentina was added as a non-probationary VWPP country (61 FR

35628-35629) and Australia became a non-probationary participating

country on July 29, 1996 (61 FR 39318).

Pub. L. 104-208

On September 30, 1996 the President signed Pub. L. 104-208, the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996,

(IIRIRA). Section 635 of this law again amended INA 217 by extending

the Program until September 30, 1997. This law also named the Attorney

General as the principal designator of VWPP countries, eliminated

probationary VWPP qualification status and made countries then in such

status (Ireland being the only country) permanent participating VWPP

countries subject to the same disqualification criteria established for

other VWPP countries.

Requirements for VWPP Participation

For a country to qualify as a participant in the VWPP, the country

must agree to waive the visa requirement for nationals of the United

States entering for business or pleasure 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 ports of entry and on

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

Attorney General, in consultation with the Secretary of State, has

determined that Slovenia has met these requirements, and Slovenia,

therefore, is added effective September 30, 1997 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 tourist and business

travel to and from Slovenia, delay for 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 (Regulatory

Planning and Review) but has been coordinated with the Immigration and

Naturalization Service because action by 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

(Civil Justice Reform) and is certified to be in compliance therewith.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Visas, Passports, Temporary Visitors,

Waivers.

This interim rule, with request for comments, amends Part 41, Title

22 by eliminating the pilot program which allowed countries to

participate in the Program with probationary status and by adding

Ireland and Slovenia to the list of participating countries in the Visa

Waiver Pilot Program.

PART 41--[AMENDED]

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

Authority: 8 U.S.C. 1104.

2. Accordingly, paragraph (l) of Sec. 41.2 is revised to read as

follows:

Sec. 41.2 Waiver by the 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.

(2) Countries designated as pilot program countries under paragraph

(l)(1), 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); Brunei (effective July 29, 1993);

Ireland (effective April 1, 1995); Argentina (effective July 8, 1996);

Australia (effective July 29, 1996) and Slovenia (effective September

30, 1997).

* * * * *

[[Page 51032]]

Dated: September 25, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 97-25951 Filed 9-29-97; 8:45 am]

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