35598 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

the processing of over 1,800 bad checks

were provided by the Administrative

Centers.

As a result of our study, we have

determined that the average cost to the

Service to process each bad check

received is $30.11. We have rounded off

the cost to $30.00.

The Service notes that the United

States Customs Service has recently

completed a review of the costs incurred

in processing bad checks and has also

concluded that a $30.00 fee for bad

checks is appropriate compensation for

the costs it incurs in processing bad

checks.

On September 28, 1995, at 60 FR

50145, the Immigration and

Naturalization Service published a

proposed rule with request for

comments in the Federal Register, to

allow the Service to recoup the

administrative costs incurred in

processing all returned checks and other

defaulted payments. Written comments

were requested by November 27, 1995.

The Service did not receive any

comments to the proposed rule and is

amending Section 103.7(a) to make the

bad check charge consistent with the

actual costs incurred by the Service in

processing returned checks and other

defaulted payments. Accordingly, the

bad check charge is being increased

from ‘‘$5.00’’ to ‘‘$30.00.’’

Regulatory Flexibility Act and

Executive Order 12866

Pursuant to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601,

et seq.), and for the reasons stated in the

preamble, it is certified that the rule

would not have a significant impact on

a substantial number of small entities.

Accordingly, this rule is not subject to

the regulatory analysis or other

requirements of 5 U.S.C. 603 and 604.

This rule will not result in a ‘‘significant

regulatory action’’ under Executive

Order 12866.

Executive Order 12612

The regulations 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 implication to

warrant the preparation of a Federal

Assessment.

List of Subjects in 8 CFR Part 103

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Privacy, Reporting and

recordkeeping requirements, Surety

bonds.

Accordingly, part 103 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 103—POWERS AND DUTIES OF

SERVICE OFFICERS; AVAILABILITY

OF SERVICE RECORDS

1. The authority citation for part 103

continues to read as follows:

Authority: 5 U.S.C. 552, 552(a); 8 U.S.C.

1101, 1103, 1201, 1252 note, 1252(b), 1304,

1356; 31 U.S.C. 9701; E.0. 12356, 47 FR

14874, 15557;3 CFR, 1982 Comp., p. 166; 8

CFR part 2.

2. Section 103.7 is amended by:

a. Redesignating the text of paragraph

(a) following the heading as paragraph

(a)(1);

b. Removing in the sixth sentence of

newly designated paragraph (a)(1) the

term ‘‘$5’’ and adding in its place the

term ‘‘$30.00’’; and

c. Removing the seventh sentence of

newly designated paragraph (a)(1); and

d. Adding a new paragraph (a)(2), to

read as follows:

§ 103.7 Fees.

(a) * * * (1) * * *

(2) A charge of $30.00 will be

imposed if a check in payment of a fee,

fine, penalty, and/or any other matter is

not honored by the bank or financial

institution on which it is drawn. A

receipt issued by a Service officer for

any such remittance shall not be

binding upon the Service if the

remittance is found uncollectible.

Furthermore, credit for meeting legal

and statutory deadlines will not be

deemed to have been met if payment is

not made within 10 business days after

notification by the Service of the

dishonored check.

* * * * *

Dated: April 30, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–17156 Filed 7–5–96; 8:45 am]

BILLING CODE 4410–10–M

8 CFR Part 217

[INS No. 1777–96]

RIN 1115–AB93

Adding Argentina to the List of

Countries Authorized to Participate in

the Visa Waiver Pilot Program

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

Argentina to the list of countries

designated to participate in the Visa

Waiver Pilot Program (VWPP), thereby

permitting nationals of Argentina 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 and

benefit United States businesses.

EFFECTIVE DATES: July 8, 1996. Written

comments must be submitted on or

before September 6, 1996.

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 1777–96 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:

Tom Graber, Assistant Chief Inspector,

Inspections Division, Immigration and

Naturalization Service, 425 I Street NW.,

Room 7228, Washington, DC 20536,

Telephone number: (202) 616–7496.

SUPPLEMENTARY INFORMATION: Section

313 of the Immigration Reform and

Control Act of 1986 (IRCA), Public Law

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:
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations 35599

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.

Section 201 of the Immigration Act of

1990 (IMMACT 90), Public Law 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 fourteen (14) additional

countries to participate in the VWPP:

Country Effective date Federal Register citation

(1) Andorra ............................................................. Oct. 1, 1991 ..... 56 FR 46716, Sept. 13, 1991.

(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.

Section 210 of the Immigration and

Nationality Technical Corrections Act of

1994, Public Law 103–416, dated

October 25, 1994, extended the

expiration date of the VWPP until

September 30, 1996.

Addition of Argentina to the VWPP

Argentina does not require visas for

citizens and nationals of the United

States entering for ninety (90) days or

less. Thus it meets the requirement of

providing reciprocal treatment for

United States citizens and nationals.

Argentina also meets the statutorily

prescribed limits on visa refusal rates

for the prior 2-year period and for each

of those two years. Argentina also has a

machine-readable passport program and

the Attorney General has determined

that law enforcement interests would

not be compromised by the designation

of Argentina. Accordingly, this interim

rule amends 8 CFR part 217 to extend

the VWPP to include the country of

Argentina, which meets all the

requirements for that status. Argentina

is, therefore, designated as a country

participating in the VWPP by the

Secretary of State and the Attorney

General, acting jointly through their

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 provisions

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 is

beneficial to both the traveling public

and United States 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 for 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 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.

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. § 217.5, paragraph (a)(1) is revised

to read as follows:
35600 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

§ 217.5 Designated countries.

(a)(1) Visa Waiver Pilot Program

Countries. United Kingdom (effective

July 1, 1988); Japan (effective December

15, 1988); France and Switzerland

(effective July 1, 1989); 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); Brunei

(effective July 29, 1993); and Argentina

July 8, 1996, have been designated as

Visa Waiver Pilot Program countries

based on the criteria set forth at sections

217(a)(2)(A) and 217(c) of the Act.

* * * * *

Dated: June 24, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–16624 Filed 7–5–96; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 110

RIN 3150–AF51

Export of Nuclear Equipment and

Materials

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations pertaining to the export of

nuclear equipment and materials. These

amendments are necessary to conform

the export controls of the United States

to the international export control

guidelines of the Nuclear Suppliers

Group, of which the United States is a

member, and to reflect the nuclear

nonproliferation policies of the

Department of State.

EFFECTIVE DATE: August 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Elaine O. Hemby, Office of International

Programs, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, telephone (301) 415–2341, e-mail

EOH@NRC.GOV.

SUPPLEMENTARY INFORMATION: The

Nuclear Regulatory Commission (NRC)

is amending its regulations pertaining to

the export of nuclear materials and

equipment. Cambodia and Vietnam are

removed from the list of embargoed

destinations; Algeria, Comoros, Guyana,

Mauritania, Niger, St. Kitts, United Arab

Emirates, Vanuatu, and Yemen Arab

Republic are removed from the list of

restricted destinations; Brazil, New

Zealand, Republic of Korea, South

Africa, and Ukraine are added as

member countries of the Nuclear

Suppliers Group (NSG) eligible to

receive radioactive materials under

certain general licenses for export;

Austria and Finland are added as

eligible countries to receive nuclear

reactor components under general

license for export; plants for the

conversion of uranium and especially

designed or prepared equipment for

uranium conversion are added to the

export controls of the NRC; the kinds of

uranium conversion equipment and

uranium enrichment equipment under

NRC export licensing authority are

added for clarification; exports of less

than one kilogram of source or special

nuclear material exported under the

U.S.-IAEA Agreement for Cooperation

no longer require Executive Branch

review before an NRC license is issued;

a general license to export source

material and a general license for import

are amended to correct inadvertent

errors; a reference is added to clarify

that some imports and exports of

nuclear items are under Department of

State controls; and Appendices B and L

to Part 110 are amended to correct

errors.

Section 110.1, which describes the

scope of 10 CFR Part 110, is revised to

add a reference that nuclear items on

the U.S. Munitions List are subject to

the export controls of the Department of

State.

In § 110.8, which lists the nuclear

facilities and equipment under NRC

export authority, and in the appendices

to Part 110, which describe the

especially designed and prepared

equipment under NRC export controls,

the word ‘‘specially’’ where it appears is

changed to ‘‘especially’’ to conform to

the NSG guidelines.

Section 110.8 is amended to add

uranium conversion plants and

especially designed or prepared

equipment for uranium conversion

plants to the export authority of the

NRC to conform to the NSG guidelines.

Recently, the United States and other

member countries of the NSG agreed to

add to the NSG Trigger List (INFCIRC/

254/Part 1) uranium conversion plants.

This includes conversion of uranium

ore concentrates to UO3, conversion of

UO3 to UO2, conversion of uranium

oxides to UF4 or UF6, conversion of

UF4 to UF6, conversion of UF6 to UF4,

conversion of UF4 to uranium metal,

and conversion of uranium fluorides to

uranium oxides. The nuclear materials

and equipment designated as ‘‘trigger

list’’ items are controlled by the NRC.

Conversion of uranium is an essential

step of the nuclear fuel cycle for both

civil and military programs, including

the production of highly enriched

uranium and plutonium. In § 110.2, a

definition of ‘‘conversion facility’’ is

added for clarification.

Exports of uranium conversion plants

and equipment are presently controlled

by the Department of Commerce (DOC).

The addition of uranium conversion

plants to the NRC licensing authority

will allow the DOC to remove this item

from its nuclear referral list.

Accordingly, § 110.1(b)(3), which

describes nuclear-related commodities

that are subject to DOC export controls,

is revised to remove the reference to

DOC controls on conversion plants.

In § 110.22, paragraph (c) is amended

to delete the word ‘‘not’’ where it first

appears. This action is necessary to

correct an inadvertent error in a final

rule published July 21, 1995 (60 FR

37556). As corrected, § 110.22(c)

authorizes the export of uranium or

thorium, other than U–230, U–232, Th–

227, or Th–228, in individual shipments

of one kilogram or less to any country

listed in § 110.29, not to exceed 100

kilograms per year to any one country,

except for source material in radioactive

waste.

In § 110.26, Austria and Finland are

added as eligible recipients of nuclear

reactor components under the NRC’s

general license authority for export.

These countries are now members of

EURATOM. EURATOM has provided

the necessary written assurances to the

U.S. Government to permit these kinds

of exports.

In § 110.27, which describes the

general licenses for import, paragraph

(4) is amended to delete the term

‘‘advance’’ to describe the kind of

notification required. For some

activities under § 73.27, advance

notification would not apply.

In § 110.28, which lists the embargoed

destinations, Cambodia and Vietnam are

removed. Because President Clinton

lifted the U.S. general trade embargo

against Vietnam on February 3, 1995,

and the embargo restrictions for

Cambodia in 1993, the Executive Branch

recently recommended that Cambodia

and Vietnam be removed from the

embargoed destinations. Both Cambodia

and Vietnam are adherents to the Treaty

on the Non-Proliferation of Nuclear

Weapons (NPT). Exports to Cambodia

and Vietnam now qualify for the NRC

general licensing authorizations

specified in §§ 110.21 through 110.25.

In § 110.29, Algeria, Comoros,

Guyana, Mauritania, Niger, St. Kitts,

United Arab Emirates, Vanuatu, and

Yemen Arab Republic are removed from