Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules and Regulations 1017

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 2020–99]

RIN 1115–AF81

Update of 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

Act. This interim rule updates 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.

This rule also removes certain countries

from the ineligible listing so that aliens

from these countries can have their

passport and visa requirements waived.

This rule is intended to benefit the

travelling public by expanding the

number of countries whose citizens or

nationals may transit the United States

without a visa while preventing an

increase in the abuse of the TWOV

program by citizens or nationals of

countries placed on the ineligible list.

DATES: Effective Date: This interim rule

is effective February 5, 2001.

Comment Date: Written comments

must be submitted on or before March

6, 2001.

ADDRESSES: Please submit written

comments, in triplicate, 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 2020–99 on your

correspondence to ensure proper and

timely handling. 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

Immigration and Nationality Act (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?

As the Service will no longer consider

where a citizen of a particular country

resides in determining under what

conditions he or she may participate in

the TWOV program, this interim rule

amends the regulations by removing

§ 212.1(f)(2). This rule amends

§ 212.1(f)(3) by adding certain countries

to the list of countries whose citizens

are ineligible for TWOV privileges and

re-designates § 212.1(f)(3) as

§ 212.1(f)(2).

How Will This Amendment Affect

Carrier Liability in Pending Cases

Involving the Bringing to the United

States of an Alien Who Was Ineligible

for TWOV Privileges?

This change will not have any effect

on pending cases. The change enters

into force on February 5, 2001, and

applies to cases involving aliens who

arrive in the United States on or after

that date. If, before that date, a carrier

violated the Act by bringing an alien

who did not have a visa and was not

eligible for TWOV privileges, the

carrier’s violation was complete at that

time. The fact that an alien from that

country may now be eligible for TWOV

privileges, therefore, will not relieve the

carrier of liability.

What Countries Will Benefit From This

Action?

In the aftermath of the breakup of the

former Soviet Union, the Service and

the Department of State are waiving the

passport and visa requirements for

citizens of certain former Union of

Soviet Socialist Republics which

request to transit the United States

without a nonimmigrant visa. These

countries, from the former Soviet Union,

include: Armenia, Azerbaijan, Georgia,

Kazakhstan, Kyrgyzstan, Moldova,

Tajikistan, Turkmenistan, Ukraine, and

Uzbekistan. They now will be afforded

TWOV privileges.

Due to the democratization of the

former Warsaw Pact countries, the

citizens from these countries will be

allowed to transit the United States

without a nonimmigrant visa. The

countries that will be afforded this

privilege will include: Albania,

Bulgaria, the Czech Republic, Estonia,

Hungary, Latvia, Lithuania, Poland,

Romania, and Slovakia.

Due to the relative stability of certain

countries that were formerly part of the

Socialist Federal Republic of

Yugoslavia, this rule will allow citizens

of the following countries to use the

TWOV program: Croatia, the Former

Yugoslav Republic of Macedonia, and

Slovenia.

Lastly, the improved stability in

Mongolia and Vietnam will permit

citizens of these countries to apply for

TWOV privileges under this rule.

What Countries Are Being Added to the

Ineligibility List in § 212.1(f)(2), as

Revised?

The following countries are being

added to § 212.1(f)(2) making the waiver

of passport and visa requirement not

available to an alien who is a citizen of

that country (ineligible for TWOV

privileges): Angola, Belarus, Burma,

Burundi, Central African Republic,

People’s Republic of China, Congo

(Brazzaville), Nigeria, Russia, Sierra

Leone, Somalia, and Sudan.

Why Are Citizens From These

Countries Now Ineligible for TWOV

Privileges?

In determining which countries may

or may not transit without visa, the

Service (in conjunction with the

Department of State) takes into

consideration such things as, but not

limited to, past abuse of the transit

without visa privilege; the country’s

nonimmigrant visa refusal rate; whether

the country grants United States

nationals reciprocal treatment; the

country’s crime rate, the stability of the

country; any security concerns; whether

the country has diplomatic relations

with the United States; and other

relevant factors.

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’’ exceptions

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

553(d)(3). A notice and comment period

1018 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules and Regulations

prior to implementation would have

been unnecessary and contrary to the

public interest. A portion of this rule

expands the categories of persons who

may transit the United States without a

visa and is thus considered beneficial to

both the traveling public and the United

States Government. Moreover, this

aspect of the rule grants or recognizes an

exemption or relieves a restriction

within the scope of the exception set

forth at 5 U.S.C. 553(d)(1). Certain other

countries have been added to the

countries ineligible to transit without a

visa. The reason for the necessity for

implementation of this aspect of the

interim rule is as follows: It is necessary

to prevent an anticipated sharp increase

in the abuse of the TWOV program by

citizens of the countries placed on the

list of ineligible TWOV countries. These

countries are placed on the ineligible to

TWOV list for a variety of reasons

including past abuse of the transit

without visa privilege; the country’s

nonimmigrant visa refusal rate; whether

the country grants United States citizens

reciprocal treatment; the country’s

crime rate; the stability of the country;

any security concerns; and, whether the

country has diplomatic relations with

the United States, among other reasons.

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 governs whether a

citizen of a particular country may

transit the United States under the

TWOV program. These aliens are not

considered small entities as that term is

defined under 5 U.S.C. 601(6).

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 1-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.

Executive Order 12866

This rule is not considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory actions’’ 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.

2. Section 212.1 is amended by:

a. Removing paragraph (f)(2);

b. Redesignating paragraphs (f)(3) and

(f)(4) as paragraphs (f)(2) and (f)(3)

respectively; and by

c. Revising newly redesignated

paragraph (f)(2), to read as follows:

§ 212.1 Documentary requirements for

nonimmigrants.

* * * * *

(f) * * *

(2) Unavailability to transit. This

waiver of passport and visa requirement

is not available to an alien who is a

citizen of Afghanistan, Angola,

Bangladesh, Belarus, BosniaHerzegovina, Burma, Burundi, Central

African Republic, People’s Republic of

China, Congo (Brazzaville), Cuba, India,

Iran, Iraq, Libya, Nigeria, North Korea,

Pakistan, Russia, Serbia, Seirra Leone,

Somalia, Sri Lanka, and Sudan.

* * * * *

Dated: December 21, 2000.

Mary Ann Wyrsch,

Acting Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–354 Filed 1–4–01; 8:45 am]

BILLING CODE 4410–10–M

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Parts 303, 337, and 362

RIN 3064–AC38

Activities and Investments of Insured

State Banks

AGENCY: Federal Deposit Insurance

Corporation (FDIC).

ACTION: Final rule and confirmation of

interim final rule with changes.

SUMMARY: The FDIC is adopting a final

rule to implement certain provisions of

the Gramm-Leach-Bliley Act (G–L–B

Act), governing activities and

investments of insured state banks.

Under the final rule, the FDIC adopts a

streamlined certification process for

insured state nonmember banks to

follow before they may conduct

activities as principal through a

financial subsidiary. State nonmember

banks will self-certify that they meet the

requirements to carry out these

activities, which will allow the banks to

conduct the new activities immediately.

There will be no delay for

administrative approval or review,

although the FDIC will evaluate these

activities as part of its normal

supervision process for safety and

soundness standards pursuant to the

FDIC’s authority under section 8 of the

Federal Deposit Insurance Act (FDI Act).

The final rule confirms, with

modifications, an interim rule that has

been in effect since March 11, 2000. To

eliminate unnecessary provisions and

make technical amendments, the FDIC

also has revised its rule implementing

sections 24 and 18(m) of the FDI Act

dealing with other activities and

investments of insured state banks.

EFFECTIVE DATE: January 5, 2001.