35628 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

Orange, MA, Orange Muni, GPS RWY 32,

Orig

Jackson, MS, Hawkins Field, GPS RWY 16,

Orig

Jackson, MS, Hawkins Field, GPS RWY 34,

Orig

Forsyth, MT, Tillitt Field, GPS RWY 26, Orig

Rochester, NY, Greater Rochester

International, GPS RWY 10, Orig

Lebanon, TN, Lebanon Muni, GPS RWY 19,

Orig

[FR Doc. 96–17227 Filed 7–5–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Parts 119, 121, and 135

[Docket No. 28154; Amendments Nos. 119–

2, 121–256, 135–65 and SFAR 38–13]

RIN 2120–AG03

Operating Requirements: Domestic

Flag, Supplemental, Commuter, and

On-Demand Operations: Corrections

and Editorial Changes

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final rule published in

the Federal Register on June 14, 1996

(61 FR 30432). The final rule adopted

changes that were editorial or

typographical in nature in parts 119,

121, and 135. The changes were

necessary to correct errors or clarify the

intent of the regulations published in

December 20, 1996 (60 FR 65832).

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Linda William, (202) 267–9685.

Correction of Publication

In rule document 96–14565, on page

30432, in the issue of Friday, June 14,

1996, make the following correction:

On page 30432, in the first column, in

the heading, Amendment No. ‘‘121–

259’’ should read ‘‘121–256’’, and SFAR

38–13 should be added to the heading.

Issued in Washington, DC, on July 1, 1996.

Joseph A. Conte,

Acting Chief Counsel for Regulations.

[FR Doc. 96–17226 Filed 7–5–96; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2409]

VISAS: Passports and Visas Not

Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs,

DOS.

ACTION: Interim Rule with request for

comments.

SUMMARY: 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.

Section 217, as amended, extends the

Visa Waiver Pilot Program to nationals

of all countries that qualify under the

provisions of the Pilot Program and

which are designated by the Secretary of

State and the Attorney General as

countries whose nationals benefit from

the waiver of the nonimmigrant B–1/B–

2 visa requirement. This amendment

extends the Visa Waiver Pilot Program

to Argentina, which has met all of the

requirements for the Program.

DATES: This interim rule is effective July

8, 1996. Written comments are invited

and must be received on or before

August 7, 1996.

ADDRESSES: Written comments may be

submitted, in duplicate, to the Chief,

Legislation and Regulations Division,

Visa Services, Department of State,

Washington, DC 20520–0113.

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, October

25,1994 and Pub. L. 103–416, 108 Stat.

4305, October 25, 1994.

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 to be

designated by the Secretary of State and

the Attorney General, acting jointly

through their designees. These original

qualifying countries included: France;

the Federal Republic of Germany; Italy;

Japan, the Netherlands; Sweden;

Switzerland; and the United Kingdom.

[See Federal Register publications 53

FR 24903–24904, June 30, 1988; 53 FR

50161–50162, December 13, 1988; and

54 FR 27120–27121, June 27, 1989.]

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.

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 extended its 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.

Effective October 1, 1991, 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 as participants in

the Program. [See 56 FR 46716–46717,

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 26,

1993. On March 28, 1995 the interim

rule published at 59 FR 15872–15873

added Ireland as a Visa Waiver Pilot

Program country with probationary

status.

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 Argentina as

a Visa Waiver Pilot Program country
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations 35629

since it meets the requirements for that

status under INA 217, as amended.

Argentina does not require visas for

nationals of the United States entering

for ninety (90) days or less. Thus it

meets the requirement of providing

reciprocal treatment for United States

nationals. 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

have a machine readable passport

program. Argentina meets these

additional requirements. Argentina is,

therefore, added effective July 8, 1996 as

a participating country 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 of this interim

rule, citizens of Argentina 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

traveling public and United States

businesses. Therefore, it is being made

effective 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 record-keeping action from

the public requiring the approval of the

Office of Management and Budget under

the Paperwork Reduction Act

requirements. This rule has been

reviewed as required by E.O. 12988 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. In § 41.2 the last sentence of

paragraph (l)(2) is amended by removing

the period and adding the following text

at the end of the sentence:

§ 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. * * *;

and Argentina July 8, 1996.

Dated: July 13, 1996.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96–17194 Filed 7–5–96; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 630

[FHWA Docket No. 94–30]

RIN 2125–AD43

Federal-Aid Project Authorization

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule.

SUMMARY: The FHWA is amending its

regulation on Federal-aid program

approval and project authorization. In

light of changes made by the Intermodal

Surface Transportation Efficiency Act of

1991, in the area of statewide planning

and transportation improvement

programs, and the joint FHWA/Federal

Transit Administration (FTA)

regulations implementing those

changes, this regulation removes the

obsolete project programming

provisions from this part. This

regulation provides more flexible

funding arrangements and a more

flexible Federal-aid authorization

process. Changes contained in related

laws are included.

EFFECTIVE DATE: This final rule is

effective August 7, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack Wasley, Office of Engineering, 202–

366–4658, or Wilbert Baccus, Office of

the Chief Counsel, 202–366–0780,

FHWA, 400 Seventh Street, SW.,

Washington, D.C. 20590. Office Hours

are from 7:45 a.m. to 4:15 p.m., e.t.,

Monday through Friday except Federal

holidays.

SUPPLEMENTARY INFORMATION: The

amendments in this final rule are based

primarily on the notice of proposed

rulemaking (NPRM) published in the

February 17, 1995, Federal Register at

60 FR 9306 (FHWA Docket No. 94–30).

All comments received in response to

this NPRM have been considered in

adopting these amendments.

The initiation of work for

transportation projects funded under the

Federal-aid highway program is a twostep process. First, the State, in

cooperation and consultation with local

officials, as appropriate, through the

metropolitan and statewide planning

process, determines activities which

will be advanced with Federal funds

made available under title 23, United

States Code, and the Federal Transit Act

(49 U.S.C. 5301–5338) and develops a

Statewide program of projects for these

activities. Prior to passage of the

Intermodal Surface Transportation

Efficiency Act of 1991 (Pub. L. 102–240,

105 Stat. 1914) (ISTEA), the

requirements for developing the

program of projects were found in 23

U.S.C. 105 and the implementing

regulations in 23 CFR part 630, subpart

A. With passage of the ISTEA, title 23,

U.S.C., was modified and the new

requirements concerning development

of a program of projects, now referred to

as the Statewide transportation

improvement program, are contained in

23 U.S.C. 135. The implementing

regulation for this section is in 23 CFR

part 450 and was initiated through

previous rulemaking actions.

Accordingly, those requirements

pertaining to a program of projects in 23

CFR part 630, subpart A, no longer need

to be retained. This final rule therefore

eliminates these programming

references.

The second step in initiation of work

is the project authorization process. The

State highway agency (SHA) requests

FHWA authorization to proceed with a

proposed Federal-aid highway project.

The FHWA authorization commits the

Federal government to participate in the

funding of a project, except in those

instances where the State requests

FHWA authorization without the

commitment of Federal funds. In

addition, FHWA authorization also

establishes a point in time after which

costs incurred on a project are eligible

for Federal participation. The

requirements covering project

authorization are contained in this final

rule. The following is a section-bysection analysis of the amendments