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

15855

Vol. 60, No. 59

Tuesday, March 28, 1995

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 1685–95]

RIN 1115–AB93

Visa Waiver Pilot Program; Ireland

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: The Immigration and

Naturalization Service (Service) amends

its regulations by extending the Visa

Waiver Pilot Program to permit

nationals of Ireland 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 action will facilitate travel to the

United States.

DATES: This interim rule is effective

April 1, 1995. Written comments are

invited and must be received on or

before May 30, 1995.

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

No. 1685–95 on your correspondence.

Comments will be available for public

inspection at this location by calling

(202) 514–3048 to arrange an

appointment.

FOR FURTHER INFORMATION CONTACT:

Ronald J. Hays, Assistant Chief

Inspector, Inspections Division,

Immigration and Naturalization Service,

425 I Street NW, Room 7228,

Washington, DC 20536, Telephone

number: (202) 514–0912.

SUPPLEMENTARY INFORMATION: 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)

which established the nonimmigrant

Visa Waiver Pilot Program. The Visa

Waiver Pilot Program 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. Initially,

the United Kingdom was the only

country designated to receive 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 December 15, 1988.

France, the Federal Republic of

Germany, Italy, the Netherlands,

Sweden, and Switzerland, having met

all of the requirements for participation

in the Visa Waiver Pilot Program, were

added later as designated countries

participating in the Pilot Program. 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, on June 27, 1989.

The Immigration Act of 1990,

(IMMACT 90), Pub. L. 101–649, dated

November 29, 1990, revised the Visa

Waiver Pilot Program as set forth in

section 313 of IRCA by removing the

eight-country cap and extending its

provisions to all countries that met the

qualifying provisions of the Visa Waiver

Pilot Program and were designated by

the Secretary of State and the Attorney

General as Pilot Program countries

thereunder. Section 201 of IMMACT 90

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 were designated under

the law, as amended, subject to their

continued qualification.

As a result of these amendments to

section 217 of the Act, Andorra, Austria,

Belgium, Denmark, Finland, Iceland,

Liechtenstein, Luxembourg, Monaco,

New Zealand, Norway, San Marino, and

Spain, having met all of the

requirements for participation in the

nonimmigrant Visa Waiver Pilot

Program, were added, effective October

1, 1991. (56 FR 46716). Subsequently,

Brunei was added, effective July 29,

1993. (58 FR 40581).

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 Visa Waiver Pilot Program until

September 30, 1996, and revised the

program, as set forth in section 211 of

that Act, by adding a probationary

program category of designation.

Countries designated for the

probationary program are required to

meet a different eligibility standard than

those designated for the pilot program.

Probationary program countries are

required to have:

a. A nonimmigrant visitor visa refusal rate

average over the preceding 2 fiscal years that

is less than 3.5 percent of the total number

of nonimmigrant visitor visas for nationals of

that country which were granted or refused

during those years;

b. A nonimmigrant visitor visa refusal rate

that is less than 3.0 percent for the preceding

fiscal year; and

c. Have a less than 1.5 percent violation

rate which is defined as the number of those

nationals of the proposed country who were

admitted to the United States as

nonimmigrant visitors during the preceding

fiscal year and who violated the terms of

such admission or were excluded or

withdrew their applications for admission as

nonimmigrant visitors.

Unlike the pilot program, countries

designated for the probationary program

are designated for a specific period of

time, not to exceed 3 fiscal years.

This interim rule amends 8 CFR part

217 to extend the Visa Waiver Pilot

Program to include the country of

Ireland in the newly established

probationary program. The Government

of Ireland has agreed to provide

reciprocal treatment for United States

citizens entering Ireland under similar

circumstances. The Government of

Ireland has also certified that it has

established a program to introduce

machine-readable passports as required

by section 217(g)(2)(D) of the Act.

Therefore, having met all of the other

requirements of section 217(g) of the

Immigration and Nationality Act, as

amended, Ireland is designated as a

country participating in the

Probationary Program portion of the

Visa Waiver Pilot Program by the

Secretary of State and the Attorney

General, acting jointly through their
15856 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

designees. (See the Department of State

Rule published elsewhere in this issue

of the Federal Register.)

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 are as follows: this rule

relieves a restriction and is beneficial to

both the traveling public and U.S.

businesses.

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 to both the 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 proposed 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.

Executive Order 12606

The Commissioner of the Immigration

and Naturalization Service herein

certifies that she has assessed this rule

in light of the criteria in Executive

Order 12606 and has determined that it

will not have any impact on family well

being.

List of Subjects in 8 CFR Part 217

Administrative practice and

procedures, Aliens, 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. Section 217.5 is amended by

redesignating paragraph (a) as paragraph

(a)(1), revising the heading of newly

designated (a)(1) to read ‘‘Visa Waiver

Pilot Program Countries.’’ and adding a

new paragraph (a)(2) to read as follows:

§ 217.5 Designated countries.

(a)(1) * * *

(2) Visa Waiver Pilot Program

Countries with Probationary Status.

Effective April 1, 1995, until September

30, 1998 or the expiration of the Visa

Waiver Pilot Program, whichever comes

first, Ireland has been designated as a

Visa Waiver Pilot Program country with

Probationary Status in accordance with

section 217(g) of the Act.

* * * * *

Dated: March 1, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–7450 Filed 3–27–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 93–061–2]

Certificate for Importation of Milk and

Milk Products

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations concerning the importation

of milk and milk products to require

that any milk or milk product imported

into the United States from countries

declared free of rinderpest and foot-andmouth disease be accompanied by a

certificate stating that the milk was

produced and processed in a country

declared free of rinderpest and foot-andmouth disease, or that the milk product

was processed in a country declared free

of rinderpest and foot-and-mouth

disease from milk produced in a country

declared free of rinderpest and foot-andmouth disease. The certificate must

name the country in which the milk was

produced and the country in which the

milk or milk product was processed.

Also, the certificate must state that,

except for certain movement under seal,

the milk or milk product has never been

in any country in which rinderpest or

foot-and-mouth disease exists.

Requiring a certificate will help ensure

that milk or milk products imported

into the United States do not introduce

rinderpest or foot-and-mouth disease

into the United States.

EFFECTIVE DATE: April 27, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

John Gray, Senior Staff Veterinarian,

Import-Export Products Staff, National

Center for Import-Export, VS, APHIS,

Suite 3B05, 4700 River Road Unit 40,

Riverdale, MD 20737–1228, (301) 734–

4401.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as ‘‘the regulations’’)

govern the importation into the United

States of specified animals and animal

products in order to prevent the

introduction into the United States of

various diseases, including rinderpest

and foot-and-mouth disease (FMD).

These are dangerous and destructive

communicable diseases of ruminants

and swine.

The regulations in § 94.1(a)(2) list

countries that are declared free of

rinderpest and FMD. Milk and milk

products have the potential to spread

rinderpest and FMD if they are

produced or processed in or have

transited a country where these diseases

exist. Therefore, under § 94.16, milk and

milk products are restricted entry into

the United States unless they are

imported from countries listed in

§ 94.1(a)(2).

On June 21, 1994, we published in the

Federal Register (59 FR 31957–31959,

Docket No. 93–061–2) a proposal to

amend § 94.16 to require that, except for

milk and milk products imported from

Canada, milk or milk products imported

into the United States from a country

listed in § 94.1(a)(2) as free of rinderpest

and FMD must be accompanied by a

certificate endorsed by a full-time,

salaried veterinarian employed by the

country of export. The certificate was to

state that the milk was produced and

processed in a country listed in

§ 94.1(a)(2), or that the milk product was

processed in a country listed in

§ 94.1(a)(2) from milk produced in a

country listed in § 94.1(a)(2). The

certificate was to name the country in

which the milk was produced and the

country in which the milk or milk

product was processed. Further, the

certificate was to state that, except for

movement under seal as described in