This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

1053

Vol. 66, No. 4

Friday, January 5, 2001

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS. No. 1696–95]

RIN 1115–AD96

Establishing Criteria for Determining

Countries Whose Citizens Are

Ineligible for the Transit Without Visa

(TWOV) Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Proposed rule.

SUMMARY: The Transit Without Visa

(TWOV) program allows the

Immigration and Naturalization Service

(Service), acting jointly with the

Department of State, to waive the

passport and visa requirement for aliens

from certain countries who request

immediate and continuous transit

privileges through the United States.

This rule proposes to amend Service

regulations by removing the list of those

countries that are ineligible to

participants in the TWOV program from

the regulation. In its place the Service

proposes to publish and update the list

of countries that are ineligible to

participate in the TWOV Program by

Federal Register notice. This rule also

sets forth a non-exhaustive list of factors

that may be considered in determining

those countries whose citizens or

nationals are ineligible for the TWOV

program.

The criteria established in this rule

will allow the Service to identify

ineligible countries and provide for a

regular review of all countries to

determine their eligibility for

participation in the TWOV program.

DATES: 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 5307,

Washington, DC 20536. To ensure

proper handling please reference INS

No. 1696–95 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:

Robert Hutnick, Assistant Chief

Inspector, Inspections Division,

Immigration and Naturalization Service,

425 I Street, NW., Room 4064,

Washington, DC 20536, telephone (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 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. This contract is an Immediate and

Continuous Transit Agreement, Form I–

426, also known as a TWOV Agreement.

What Changes Are Proposed in This

Rule?

This rule proposes to amend

§ 212.1(f)(2) by removing the list of

countries ineligible to participate in the

TWOV program (see Department of

State regulation published elsewhere in

this issue of the Federal Register).

Instead, the Service, in conjunction with

the Department of State, is proposing to

publish and update the list of countries

whose citizens or nationals are

ineligible to participate in the TWOV

Program by notice published in the

Federal Register. This rule also sets

forth the authority of the Service and

the Department of State to designate

citizens or nationals of certain countries

to be ineligible to participate in the

TWOV program. It also provides a nonexhaustive list of factors to be

considered in determining whether

citizens or nationals of a particular

country should not be eligible for

participation in the TWOV program.

How Will Citizens From Ineligible

Countries Know They Are Ineligible for

the TWOV Programs?

The Service and the Department of

State will compile a revised list of

countries ineligible for the TWOV

privilege and from time to time, will

publish this list as a notice in the

Federal Register. The Service and

Department of State will review this list

periodically and publish by notice in

the Federal Register any additions or

deletions. The list will be made

available upon written request to the

Service’s Headquarters Office of

Inspections or on the Service’s website.

What Other Changes Is the Service

Making in This Proposed Rule?

This rule also proposes to amend

§ 212.1(f)(1) by revising the reference to

section ‘‘238(d)’’ of the Act to read

‘‘233(c)’’. This is a necessary conforming

change to reflect the current provision

of law, as amended by the Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996, which grants

the Attorney General the power to enter

into contracts with transportation lines

to guarantee the passage through the

United States in immediate and

continuous transit of aliens destined for

foreign countries.

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 or national from a participant

country may use the TWOV program.

These aliens are not considered small

entities as that term is defined under in

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.

1054 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Proposed Rules

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 action’’ 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 National

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 proposed 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 proposed to be 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. Revising the reference to ‘‘238(d)’’

to read: ‘‘233(c)’’ in the first sentence in

paragraph (f)(1); and by

b. Revising paragraph (f)(2), to read as

follows:

§ 212.1 Documentary requirements for

nonimmigrants.

* * * * *

(f) * * *

(2) Unavailability to transit. (i)

Notwithstanding the provisions of

paragraph (f)(1) of this section, the

waiver of the passport and visa

requirement is not available to an alien

who is a citizen or national of a country

designated by the Service and the

Department of State to be ineligible. The

Service and Department of State may

designate such countries based on a

variety of considerations including, but

not limited to, the following:

(A) Whether citizens or nationals of

the country have abused the transit

without visa privilege in the past;

(B) Whether citizens or nationals of

the country have a high nonimmigrant

visa refusal rate;

(C) Whether there is an insurrection

or instability in the country, such that

citizens or nationals of the country

should apply for nonimmigrant visas to

ensure that they are not intending

immigrants;

(D) Whether a significant number of

citizens or nationals of the country are

linked to terrorist activity, narcotics

trafficking, or international criminal

activity;

(E) Whether the President has issued

a proclamation under section 212(f) of

the Act suspending or restricting the

entry of citizens or nationals of the

country; or,

(F) Whether the country poses

significant security concerns.

(ii) By notice in the Federal Register,

the Service, acting jointly with the

Department of State, shall review

periodically and publish an updated list

of countries ineligible for transit

without visa privileges.

(iii) A list of countries whose citizens

or nationals are ineligible for TWOV

privileges will be maintained by the

Service’s Headquarters Office of

Inspections and is available upon

written request.

Dated: December 21, 2000.

Mary Ann Wyrsch,

Acting Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–355 Filed 1–4–01; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–284–AD]

RIN 2120–AA64

Airworthiness Directives; Various

Transport Category Airplanes

Equipped With Certain Air Traffic

Control (ATC) Transponders

Manufactured by Rockwell Collins

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of Proposed Rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

various transport category airplanes

equipped with certain Mode C air traffic

control (ATC) transponders

manufactured by Rockwell Collins, Inc.

This proposal would require testing

each transponder; replacing certain

parts in any transponder which fails the

initial test and performing additional

test(s); and making repairs, as necessary

so that the transponder passes the test.

This proposal is prompted by reports

that indicate that the equipment used to

conduct earlier tests of certain

transponders did not detect certain

malfunctions. An airplane equipped

with such malfunctioning transponders

could transmit inaccurate data

concerning its altitude to a nearby

airplane equipped with the traffic alert

and collision avoidance system (TCAS

II), causing the TCAS II to issue an

erroneous resolution advisory to the

pilot. The actions specified by the

proposed AD are intended to prevent

transmission of inaccurate data

concerning altitude from one airplane to

another, which could cause the pilot

receiving the data to change course,

either ascending or descending, and

possibly lead to a mid-air collision or

near mid-air collision.

DATES: Comments must be received by

February 20, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

284–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the