50998 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

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.

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:

Country Effective date Federal Register 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.

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 eightcountry 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:

Country Effective date Federal Register citation

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

Sept. 13,

1991.

Country Effective date Federal Register citation

(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.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 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-ofEntry 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 foreignbased 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 § 217.2 paragraph (a) is amended

by revising the definition for

‘‘Designated country’’ to read as follows:

§ 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]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Executive Office for Immigration

Review

8 CFR Part 245

[EOIR No. 119I; A.G. ORDER No. 2117–97]

RIN 1125–AA20

Adjustment of Status to That of Person

Admitted for Permanent Residence

AGENCY: Executive Office for

Immigration Review, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule enables the

Executive Office for Immigration

Review to complete adjudication of

timely filed section 245(i) adjustment

applications after September 30, 1997.

DATES: Effective Date: This rule is

effective September 30, 1997. Comment

Date: Written comments must be

received on or before December 1, 1997.

ADDRESSES: Please submit written

comments to Margaret M. Philbin,

General Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia,

22041.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, General Counsel,

Executive Office for Immigration

Review, 5107 Leesburg Pike, Suite 2400,

Falls Church, Virginia, 22041, telephone

(703) 305–0470.

SUPPLEMENTARY INFORMATION: On August

26, 1994, Congress enacted the

Department of Commerce, Justice, State,

and the Judiciary and Related Agencies

Appropriations Act of 1995, Pub. L.

103–317. Section 506(b) of this law

added a new section 245(i) to the

Immigration and Nationality Act (the

Act) which allows certain persons

already in the United States to adjust