15872 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

III. Environmental Impact

The agency has determined under 21

CFR 25.24(a)(9) and (a)(11) that this

action is of a type that does not

individually or cumulatively have a

significant effect on the human

environment. FDA did not receive any

comments on this issue and, thus, is

aware of no reason to alter this

determination.

IV. Analysis of Impacts

FDA has examined the impacts of the

final rule under Executive Order 12866

and the Regulatory Flexibility Act (Pub.

L. 96–354). Executive Order 12866

directs agencies to assess all costs and

benefits of available regulatory

alternatives and, when regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety,

and other advantages; distributive

impacts; and equity). The agency

believes that this final rule is consistent

with the regulatory philosophy and

principles identified in the Executive

Order. In addition, the final rule is not

a significant regulatory action as defined

by the Executive Order and so is not

subject to review under the Executive

Order.

The Regulatory Flexibility Act

requires agencies to analyze regulatory

options that would minimize any

significant impact of a rule on small

entities. Because FDA did not receive

any comments or new information on

this issue, the agency certifies that the

final rule will not have a significant

economic impact on a substantial

number of small entities. Therefore,

under the Regulatory Flexibility Act, no

further analysis is required.

List of Subjects in 21 CFR Part 184

Food ingredients.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 184 is

amended as follows:

PART 184—DIRECT FOOD

SUBSTANCES AFFIRMED AS

GENERALLY RECOGNIZED AS SAFE

1. The authority citation for 21 CFR

part 184 continues to read as follows:

Authority: Secs. 201, 402, 409, 701 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 371).

2. Section 184.1101 is amended by

revising paragraphs (a) and (e) to read as

follows:

§ 184.1101 Diacetyl tartaric acid esters of

mono- and diglycerides.

* * * * *

(a) Diacetyl tartaric acid esters of

mono- and diglycerides, also know as

DATEM, are composed of mixed esters

of glycerin in which one or more of the

hydroxyl groups of glycerin has been

esterified by diacetyl tartaric acid and

by fatty acids. The ingredient is

prepared by the reaction of diacetyl

tartaric anhydride with mono- and

diglycerides that are derived from edible

sources.

* * * * *

(e) Labeling: The acronym ‘‘DATEM’’

may be used on food labeling as the

alternate common or usual name for the

ingredient diacetyl tartaric acid esters of

mono- and diglycerides.

Dated: March 17, 1995.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 95–7616 Filed 3–27–95; 8:45 am]

BILLING CODE 4160–01–F

21 CFR Part 886

[Docket No. 94M–0260]

Medical Devices; Exemptions From

Premarket Notification for Certain

Classified Devices; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

final rule that appeared in the Federal

Register of December 7, 1994 (59 FR

63005). The document exempted 148

generic types of class I devices from the

requirement of premarket notification,

with limitations. The document was

published with an error in the codified

section. This document corrects that

error.

EFFECTIVE DATE: January 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Joseph M. Sheehan, Center for Devices

and Radiological Health (HFZ–84), Food

and Drug Administration, 2094 Gaither

Rd., Rockville, MD 20850, 301–594–

4765, ext. 157.

In FR Doc. 94–30025, appearing on

page 63005 in the Federal Register of

Wednesday, December 7, 1994, the

following correction is made:

§ 886.4350 [Corrected]

On page 63013, in the third column,

in § 886.4350, paragraph (b) is corrected

by removing the words ‘‘only when the

device meets the ANSI standard on

optic radiation limits.’’

Dated: March 17, 1995.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 95–7512 Filed 3–27–95; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2177]

VISAS: Passports and Visas Not

Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule extends the

Visa Waiver Pilot Program to September

30, 1996 and creates 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. The extension of time for

the Visa Waiver Pilot Program applies to

those countries already in the program

as well as to any countries which may

be designated thereunder in the future.

A statistical analysis was made to

determine which countries could

become visa waiver pilot countries with

probationary status. As a result of that

initial analysis it has been determined

that Ireland, currently, is the only

county which meets the criteria set forth

for such countries.

DATES: This interim rule is effective on

April 1, 1995. Written comments are

invited and must be received on or

before May 30, 1995.

ADDRESSES: Written comments may be

submitted, in duplicate, to the Chief,

Legislation and Regulations Division,

Visa Services, Department of State,

Washington, DC 20522–0113.

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 (INA),

8 U.S.C. 1187, as amended by Pub. L.

103–415, 108 Stat. 4299, approved: 10/
Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15873

25/94 and Pub. L. 103–416, 108 Stat.

4305, approved: 10/25/94. Pub. L. 103–

415 amended section 217 of the INA to

extend the Visa Waiver Pilot Program

(VWPP) through September 30, 1995.

Pub. L. 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. Section 313 of

the Immigration Reform and Control Act

of 1986 (IRCA), Pub. L. 99–603 added

section 217 to the INA. Section 217, 8

U.S.C. 1187, established the

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. That original provision

authorized the participation of eight

countries in the VWPP. A final rule

containing regulations designed to

implement facilitation of the admission

of certain nonimmigrant alien visitors

under the VWPP was published at 53 FR

24903–24904 of the Federal Register of

June 30, 1988. Its publication was

codified in part 41 of title 22 of the Code

of Federal Regulations (CFR), 22 CFR

41.2(1). Under that final rule the United

Kingdom was the only county

designated to received these benefits for

its nationals. Japan, having agreed to

reciprocal treatment for United States

citizens entering Japan under similar

circumstances, was added as a

designated country under the Pilot

Program effective on December 15, 1988

in a final rule published at 53 FR

50161–50162 of the Federal Register of

December 13, 1988. France, The Federal

Republic of Germany, Italy, The

Netherlands, Sweden, and Switzerland,

having met all of the requirements for

participants in the Visa Waiver Pilot

Program, were added later as designated

countries participating in the Pilot

Program (i.e., the six remaining

countries under the Eight Country Pilot

Program established by section 313 of

IRCA). This action was accomplished by

the Secretary of State and the Attorney

General, acting jointly through their

designees, in a final rule published at 54

FR 27120–27121 of the Federal Register

of June 27, 1989.

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 and extended the program’s

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. Section 201 also extended

the period of the pilot program until

September 30, 1994 for the eight pilot

program countries already designated

under IRCA as well as for any additional

Pilot Program countries that might be

designated under the law, as amended,

subject to their continued qualification

thereunder. (See also: section 303 of the

Immigration Technical Corrections Act

of 1991, Pub. L. 102–232.)

As a result of these amendments to

section 217 of the INA, 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, effective on

October 1, 1991. They were so

designated as participants 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 56 FR 46716–

46717 of the Federal Register of

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 29, 1993.

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 Ireland as a

Visa Waiver Pilot Program country with

probationary status since it has met the

requirements for that status under INA

217, as amended.

Under its own laws, Ireland does not

now require visas for nationals of the

United States entering Ireland for ninety

(90) days or less. Thus it meets the

requirement of providing reciprocal

treatment for United States nationals

entering Ireland. Other requirements are

that the country meet statutorily

prescribed limits on visa refusal rates

for the prior two year period as well as

the prior year; that it meet statutorily

prescribed limits on rates of exclusion at

port of entry and on overstay limits, and

that it has a machine readable passport

program. The statutory limits required

to be met are higher than those required

for non-probationary participation in

the visa waiver program. Ireland also

meets the other statutory requirements

for probationary status. Therefore,

Ireland is added, effective April 1, 1995,

as a country with probationary status

participating in the Visa Waiver Pilot

Program. (See the Immigration and

Naturalization Service rule also

published in this issue of the Federal

Register.) Therefore, effective on the

publication date, citizens of Ireland

shall be eligible for participation in the

Visa Waiver Pilot Program.

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

established by 5 U.S.C. 553(b)(B) and

553(d)(3). This rule grants or recognizes

an exemption or relieves a restriction

under 5 U.S.C. 553(d)(1) and is

considered beneficial to both the

travelling public and United States

businesses. Therefore, it is being made

effective less than thirty days after

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 recordkeeping action on the public requiring

the approval of the Office of

Management and Budget under the

Paperwork Reduction Act. Nor does this

rule have federalism implications

warranting the preparation of a

Federalism Assessment in accordance

with E.O. 12612. This rule has been

reviewed as required by E.O. 12778 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. Section 41.2 is amended by revising

paragraph (l) to read as follows:
15874 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

§ 41.2 Waiver by 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, either

as:

(i) A citizen of a pilot program

country; or

(ii) a citizen of a pilot program

country with probationary status,

pursuant to the provisions of section

217 of the Act, as amended.

(2) Countries designated as pilot

program countries under paragraph

(l)(1), (i) 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; and

Brunei (effective July 29, 1993).

Countries designated as pilot program

countries with probationary status

under paragraph (1)(l)(ii) of this section

are: Ireland effective April 1, 1995 until

September 30, 1998 or the expiration of

the Visa Waiver Pilot Program,

whichever comes first.

Dated: March 3, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 95–7050 Filed 3–27–95; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8581]

RIN 1545–AQ87

Certain Cash or Deferred

Arrangements and Employee and

Matching Contributions Under

Employee Plans; Correction

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Correction to final regulations.

SUMMARY: This document contains

corrections to final regulations (TD

8581), which were published in the

Federal Register for Friday, December

23, 1994, (59 FR 66165) relating to

certain cash or deferred arrangements

and employee and matching

contributions under employee plans.

EFFECTIVE DATE: December 23, 1994.

FOR FURTHER INFORMATION CONTACT:

Catherine Livingston Fernandez (202)

622–4606 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections are under

sections 401(a)(30), 401(k), 401(m),

402(a)(8), 402(g), 411(d)(6), 415(c), 416,

and 4979 of the Internal Revenue Code.

Need for Correction

As published, the final regulations

contain an error which may prove to be

misleading and is in need of

clarification.

Correction of Publication

Accordingly, the publication of the

final regulations (TD 8581), which was

the subject of FR Doc. 94–31427, is

corrected as follows:

§ 1.401(k)–1 [Corrected]

On page 66169, column 2, in

instructional Par.3, item (2)(iv)(c), the

amendatory language ‘‘c. Revising

Example 4, paragraph (i).’’ is corrected

to read ‘‘c. Revising Example 4,

paragraph (i), introductory text.’’.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–7501 Filed 3–27–95; 8:45 am]

BILLING CODE 4830–01–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. 95–2]

Registration of Claims to Copyright;

Group Registration of Daily

Newsletters

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule.

SUMMARY: The Copyright Office of the

Library of Congress is adopting a new

regulation that permits group

registration of daily newsletters.

Publishers of daily newsletters, which

are issued routinely at least two times

per week, may register these newsletters

in groups at a reduced fee, on a single

application, if they meet certain

requirements. The group registration

privilege is contingent upon the

publisher or claimant meeting the

conditions specified in the regulation.

The final rule implements a portion of

section 408(c)(1) of the Copyright Act of

1976 relating to the deposit

requirements for copyright registration.

EFFECTIVE DATE: This rule will become

effective March 28, 1995.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Acting General

Counsel, Copyright GC/I&R, P.O. Box

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: Under

section 407 of the Copyright Act of

1976, title 17 of the U.S. Code, the

owner of copyright, or of the exclusive

right of publication, in a work published

in the United States is required to

deposit two copies of the work in the

Copyright Office for the use or

disposition of the Library of Congress.

The deposit is to be made within three

months after such publication. Failure

to make the required deposit does not

affect the copyright in the work, but

may subject the copyright owner to fines

and other monetary liability if the

failure is continued after a demand for

deposit is made by the Register of

Copyrights.

Section 408 of title 17 requires

deposit of material in connection with

applications for voluntary registration of

claims to copyright in unpublished and

published works. Subsection 408(c)(1)

authorizes the Register of Copyrights to

establish by regulation the nature of the

deposit that is required. These

regulations may require or permit ‘‘a

single registration for a group of related

works.’’

On December 7, 1990, the Copyright

Office issued regulations permitting

group registration of serials (55 FR

50556 (Dec. 7, 1990)) and on September

1, 1992, it issued regulations permitting

group registration of daily newspapers

(57 FR 39615 (Sept. 1, 1992)). Both of

those regulations are unchanged and

continue to govern group registration of

serials, other than daily newsletters. For

purposes of this regulation, a daily

newsletter is defined as a serial

published and distributed by mail or

electronic media (telefacsimile, cassette

tape, diskette or CD–ROM). Publication

must occur at least two days per week

and the newsletter must contain news or

information of interest chiefly to a

special group (for example, trade and

professional associations, corporate