Adding Slovenia to the List of Countries Authorized To Participate in the Visa Waiver Pilot Program and Designating Ireland as a Permanent Participating Country (Formerly With Probationary Status)

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 1786-96]

RIN 115-AB93

Adding Slovenia to the List of Countries Authorized To

Participate in the Visa Waiver Pilot Program and Designating Ireland as

a Permanent Participating Country (Formerly With Probationary Status)

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 Slovenia to the list of countries

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

thereby permitting nationals of Slovenia 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

interim rule also eliminates probationary entry status in the VWPP and

designates Ireland (the only country formerly designated as a

participating country with probationary status) as a permanent

participating country. This action will facilitate travel to the United

States and benefit United States business.

DATES: Effective Date. This interim rule is effective September 30,

1997.

Comment Date: Written comments must be submitted on or before

December 1, 1997.

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 1786-96 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:

Dominica Gutierrez, Assistant Chief Inspector, Inspections Division,

Immigration and Naturalization Service, 425 I Street NW., Room 4064,

Washington, DC 20536, Telephone number: (202) 305-2969.

SUPPLEMENTARY INFORMATION:

Public Law 99-603

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), 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 Register, the

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

------------------------------------------------------------------------

Federal Register

Country Effective date citation

------------------------------------------------------------------------

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

30, 1988.

(2) Japan....................... Dec. 15, 1988..... 53 FR 50161, Dec.

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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Public Law 101-649

Section 201 of the Immigration Act of 1990 (IMMACT 90), Pub. L.

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 sixteen

(16) additional countries to participate in the VWPP:

------------------------------------------------------------------------

Federal Register

Country Effective date citation

------------------------------------------------------------------------

(1) Andorra..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(2) Austria..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(3) Belgium..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(4) Denmark..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(5) Finland..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(6) Iceland..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(7) Liechtenstein............... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(8) Luxembourg.................. Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(9) Monaco...................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(10) New Zealand................ Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(11) Norway..................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(12) San Marino................. Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

(13) Spain...................... Oct. 1, 1991...... 56 FR 46716, Sept.

13, 1991.

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

29, 1993.

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

8, 1996.

(16) Australia.................. July 29, 1996..... 61 FR 39271, July

29, 1996.

------------------------------------------------------------------------

Public Law 103-416

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 VWPP until September 30, 1996.

Public Law 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 section 217 of the Act

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.

[[Page 50999]]

Requirements for VWPP Participation (Addition of Slovenia)

For a country to qualify as 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 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 Department of State rule published elsewhere in this issue of

the Federal Register.)

Good Cause Exemption

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 for immediate implementation of this

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

interim rule relieves a restriction and will facilitate business and

tourist travel to the United States and Slovenia.

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

traveling 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.

Unfunded Mandates Reform Act of 1995

This rule will not result in expenditure by State, local and tribal

governments, in the aggregate, or by the private sector, of $100

million or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the

Small Business Regulatory Enforcement Act of 1996. This rule will not

result in an annual effect on the economy of $100 million or more; a

major increase in costs or prices; or significant adverse effects on

competition, employment, investment, productivity, innovation, or the

ability of United States-based companies to compete with foreign-based

companies in domestic and export markets.

Executive Order 12988 Civil Justice Reform

This interim rule meets the applicable standards set forth in

sections 3(a) and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 217

Administrative practices and procedures, Aliens, Nonimmigrants,

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. In Sec. 217.2 paragraph (a) is amended by revising the

definition for ``Designated country'' to read as follows:

Sec. 217.2 Eligibility.

(a) * * *

* * * * *

Designated country refers to Andorra, Argentina, Australia,

Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,

Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the

Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden,

Switzerland, and the United Kingdom. The United Kingdom refers only to

British citizens who have the unrestricted right of permanent abode in

the United Kingdom (England, Scotland, Wales, Northern Ireland, the

Channel Islands and the Isle of Man); it does not refer to British

overseas citizens, British dependent territories' citizens, or citizens

of British Commonwealth countries.

* * * * *

Dated: September 25, 1997.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 97-25982 Filed 9-29-97; 8:45 am]

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