This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

32529

Vol. 66, No. 116

Friday, June 15, 2001

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 2144–01]

RIN 1115–AG27

Removing Russia from the List of

Countries Whose Citizens or Nationals

Are Ineligible for Transit Without Visa

(TWOV) Privileges to the United States

Under the TWOV Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: The Transit Without Visa

(TWOV) Program allows certain aliens

to transit the United States en route to

a specified foreign country without a

passport or visa provided they are

traveling on a carrier signatory to an

agreement with the Immigration and

Naturalization Service (Service) in

accordance with section 233(c) of the

Immigration and Nationality Act (Act).

This interim rule removes Russia from

the list of those countries that the

Service, acting on behalf of the Attorney

General and jointly with the Department

of State, has determined to be ineligible

for participation in the TWOV program.

DATES: Effective date: This interim rule

is effective June 15, 2001.

Comment date: Written comments

must be submitted on or before August

14, 2001.

ADDRESSES: Please submit written

comments to the Director, Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street, NW., Room 4034,

Washington, DC 20536. Please include

INS number 2144–01 on your

correspondence to ensure proper and

timely handling. You may also submit

comments to the Service electronically

at http:/www.ins.usdoj.gov. When

submitting comments electronically,

please include INS No. 2144–01 in the

subject line. Comments are available for

public inspection at the above address

by calling (202) 514–3048 to arrange for

an appointment.

FOR FURTHER INFORMATION CONTACT:

Robert F. Hutnick, Assistant Chief

Inspector, Immigration and

Naturalization Service, 425 I Street,

NW., Room 4064, Washington, DC

20536, telephone number (202) 616–

7499.

SUPPLEMENTARY INFORMATION:

What Is the Authority for Participation

in the TWOV Program?

Section 212(d)(4)(C) of the Act

provides authority for the Attorney

General acting jointly with the Secretary

of State (see Department of State

regulation published elsewhere in this

issue of the Federal Register) to waive

nonimmigrant visa requirements for

aliens who are proceeding in immediate

and continuous transit through the

United States and are using a carrier

which has entered into a contract with

the Service authorized under section

233(c) of the Act, in this case an

Immediate and Continuous Transit

Agreement on Form I–426, also known

as a TWOV Agreement.

How Does This Interim Rule Amend the

Regulations?

This rule amends § 212.1(f)(2) by

removing Russia from the list of

countries whose citizens are ineligible

for TWOV privileges.

Why Is Russia Being Removed From the

Ineligibility List in § 212.1(f)(2)?

Upon further review by the Service,

and in consultation with the

Department of State, the Service now

has determined that Russia should be

granted TWOV privileges. This

determination has been made, in light of

the factors that the Service has adopted,

for determining which countries’

citizens and nationals are ineligible to

apply for TWOV privileges. The Service

therefore is removing Russia from the

listing of countries whose citizens are

ineligible for TWOV privileges.

Good Cause Exception

The implementation of this rule as an

interim rule, with a 60-day provision for

post-promulgation public comments, is

based on the ‘‘good cause’’ exception

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

553(d)(3). Since the Service is removing

a country from the list of ineligible

countries, the Service finds that ‘‘good

cause’’ exists under 5 U.S.C. 553(d)(3) to

make this rule effective upon date of

publication. Delaying the effective date

of this interim rule is impractical and

contrary to the public interest because it

would prevent the Service and the

Secretary of State from reinstating

TWOV privileges on a timely basis.

Accordingly, there is ‘‘good cause’’

under 5 U.S.C. 553 to make this rule

effective upon the date of publication in

the Federal Register.

Regulatory Flexibility Act

The Acting 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, although this

rule may have an economic impact on

small entities (air carriers), this rule is

intended to encourage travel by Russian

nationals and thus would have a

positive impact on the air carrier and

port-of-entry revenues.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

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 cost

or prices; or significant adverse effects

on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

32530 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

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.

Accordingly, the Office of Management

and Budget has waived its review

process under section 6(a)(3)(A).

Executive Order 13132

This rule will not have substantial

direct effects on the States, on the

relationship between the Government

and the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

in accordance with section 6 of

Executive Order 13132, it is determined

that this rule does not have sufficient

federalism implications to warrant the

preparation of a federalism summary

impact statement.

Executive Order 12988—Civil Justice

Reform

This final rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of Executive Order 12988.

List of Subjects in 8 CFR Part 212

Administrative practice and

procedure, Aliens, Passports and visas.

Accordingly, part 212 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 212—DOCUMENTARY

REQUIREMENTS: NONIMMIGRANTS;

WAIVERS; ADMISSION OF CERTAIN

INADMISSIBLE ALIENS; PAROLE

1. The authority citation for part 212

continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182,

1184, 1187, 1225, 1226, 1227, 1228, 1252; 8

CFR part 2.

§ 212.1 [Amended]

2. Section 212.1(f)(2) is amended by

removing the country ‘‘Russia,’’ from

the list of countries whose citizens and

nationals are ineligible for TWOV

privileges.

Dated: June 12, 2001.

Kevin D. Rooney,

Acting Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–15133 Filed 6–12–01; 3:47 pm]

BILLING CODE 4410–10–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–303–AD; Amendment

39–12265; AD 2001–12–10]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 777–200 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 777–

200 series airplanes, that requires

repetitive detailed visual and ultrasonic

inspections of the lower flange of the

flaperon inboard support to find

cracking, and corrective actions, if

necessary. This AD also requires a

modification, which terminates the

repetitive inspections. The actions

specified by this AD are intended to

prevent fracture of the inboard support

structure, which could result in an inflight loss of the inboard flaperon,

structural damage, and consequent

reduced controllability of the airplane.

DATES: Effective July 20, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 20,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stan

Wood, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2772;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 777–200 series airplanes was

published in the Federal Register on

January 16, 2001 (66 FR 3521). That

action proposed to require repetitive

detailed visual and ultrasonic

inspections of the lower flange of the

flaperon inboard support to find

cracking; corrective actions, if

necessary; and a modification, which

terminates the repetitive inspections.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received.

Support for the Proposed Rule

One commenter supports the

proposed rule. The second commenter,

an airline, states that the proposed rule

does not apply to its fleet and offers no

further comment.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 9 Boeing

Model 777–200 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 1 airplane of

U.S. registry will be affected by this AD.

It will take approximately 3 work hours

per airplane to accomplish the required

inspections, at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of the

inspections required by this AD on U.S.

operators is estimated to be $180 per

airplane, per inspection cycle.

It will take approximately 6 work

hours per airplane to accomplish the

required terminating action, at an

average labor rate of $60 per work hour.

Required parts will cost approximately

$2,932 per airplane. Based on these

figures, the cost impact of the

terminating action required by this AD

on U.S. operators is estimated to be

$3,292 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.