1064 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Proposed Rules

at the earliest possible opportunity

before the time set for the hearing. You

must state the reason for your objection

and state the site and/or time you want

the videoconference hearing to be held

or the time and/or place you want the

in-person hearing to be held. If at all

possible, the request should be in

writing. The administrative law judge

will change the site and/or time of the

videoconference hearing or the time

and/or place of the in-person hearing if

you have good cause, as determined

under paragraphs (e)(1) and (2) of this

section. Section 416.1438 of this part

provides procedures we will follow

when you do not respond to a notice of

hearing.

(e) The administrative law judge will

find good cause for changing the site

and/or time of your scheduled

videoconference hearing or the time

and/or place of your scheduled inperson hearing, and will reschedule

your hearing if your reason is one of the

following circumstances and is

supported by the evidence:

(1) You or your representative are

unable to attend or to travel to the

scheduled hearing because of a serious

physical or mental condition,

incapacitating injury, or death in the

family; or

(2) Severe weather conditions make it

impossible to travel to the hearing.

(f) In determining whether good cause

exists in circumstances other than those

set out in paragraph (e) of this section,

the administrative law judge will

consider your reason for requesting the

change, the facts supporting it, and the

impact of the proposed change on the

efficient administration of the hearing

process. Factors affecting the impact of

the change include, but are not limited

to, the effect on the processing of other

scheduled hearings, delays which might

occur in rescheduling your hearing, and

whether any prior changes were granted

to you. Examples of such other

circumstances, which you might give for

requesting a change in the time or place

of the hearing, include, but are not

limited to, the following:

(1) You have attempted to obtain a

representative but need additional time;

(2) Your representative was appointed

within 30 days of the scheduled hearing

and needs additional time to prepare for

the hearing;

(3) Your representative has a prior

commitment to be in court or at another

administrative hearing on the date

scheduled for the hearing;

(4) A witness who will testify to facts

material to your case would be

unavailable to attend the scheduled

hearing and the evidence cannot be

otherwise obtained;

(5) Transportation is not readily

available for you to travel to the hearing;

(6) You live closer to another hearing

location; or

(7) You are unrepresented, and you

are unable to respond to the notice of

hearing because of any physical, mental,

educational, or linguistic limitations

(including any lack of facility with the

English language) which you may have.

8. Section 416.1438 is revised to read

as follows:

§ 416.1438 Notice of a hearing before an

administrative law judge.

(a) General notice information: After

your hearing has been scheduled, we

will mail notice of the hearing to you at

your last known address, or give the

notice to you by personal service, unless

you have indicated in writing that you

do not wish to receive this notice. The

notice will be mailed or served at least

20 days before the hearing. The notice

of hearing will contain a statement of

the specific issues to be decided and tell

you that you may designate a person to

represent you during the proceedings.

The notice will also contain an

explanation of the procedures for

requesting a change in the time or place

of your hearing, a reminder that if you

fail to appear at your scheduled hearing

without good cause, the ALJ may

dismiss your hearing request and other

information about the scheduling and

conduct of your hearing. If you or your

representative do not acknowledge

receipt of the notice of hearing, we will

attempt to contact you for an

explanation. If you tell us that you did

not receive the notice of hearing, an

amended notice will be sent to you by

certified mail. See § 416.1436 of this

part for the procedures we will follow

in deciding whether the time of your

scheduled videoconference hearing or

the time or place of your scheduled inperson hearing will be changed if you

do not respond to the notice of hearing.

(b) Hearing via video conferencing: If

we determine that it is more efficient

and if the technology is available in the

area where you live, we will schedule

your hearing as a video teleconference.

If we schedule a video teleconference

for you, your notice, in addition to the

information in paragraph (a) of this

section, will also clearly state what it

means to have a video teleconference

hearing and if we have scheduled an

expert witness(es) to testify by video

teleconference. The notice will contain

an explanation of how to let us know if

you do not want to have a video

teleconference hearing or do not want

an expert witness to testify via video

teleconference. We will schedule an inperson hearing for you if you tell us that

you do not want a video teleconference

hearing or do not want an expert

witness to testify via video

teleconference. Your notice will also

contain an explanation of the

procedures for requesting a change in

the time of your scheduled

videoconference hearing.

(c) For a hearing in-person before an

administrative law judge: If we

determine that it is not more efficient or

if the technology is not available in the

area where you live, an in-person

hearing will be scheduled for you.

[FR Doc. 01–319 Filed 1–4–01; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 3533]

RIN 1400–AA48

Bureau of Consular Affairs; Visas:

Documentation of Nonimmigrants

Under the Immigration and Nationality

Act—Amendment of Transit Without

Visa (TWOV) List.

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Proposed rule, with request for

comments.

SUMMARY: This rule proposes to amend

the Department of State regulation that

allows for a waiver of the visa and

passport requirement under the Transit

Without Visa (TWOV) Program

authorized under section 233 of the

Immigration and Nationality Act (INA)

for citizens of certain countries who are

in immediate and continuous transit

through the United States. The

Department proposes to remove from

the current regulation the list of

countries ineligible to participate in the

TWOV Program and to publish a

separate list which will be updated and

published periodically.

This rule also sets forth the criteria,

which among other factors, will be used

in determining which countries will be

ineligible for the TWOV privilege.

DATES: Interested persons should submit

comments on or before March 6, 2001.

ADDRESSES: Submit comments, in

duplicate, to the Chief, Legislation and

Regulations Division, Visa Services,

Department of State, Washington, D.C.

20522–0113.

FOR FURTHER INFORMATION CONTACT: H.

Edward Odom, Chief, Legislation and

Regulations Division, Visa Office, Room

L603–C, SA–1, Department of State,

Washington, D.C. 20520–0106, (202)

663–1204; or e-mail: odomhe@state.gov.

Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Proposed Rules 1065

SUPPLEMENTARY INFORMATION:

Background/Waiver Authority

Section 212(d)(4)(C) of the

Immigration and Nationality Act (INA)

provides authority for the Secretary of

State, acting jointly with the Attorney

General, to waive the passport and/or

visa requirement for a nonimmigrant

who is in immediate and continuous

transit through the United States and is

using a carrier that has entered into a

Transit Without Visa (TWOV)

Agreement as provided in INA 233(c).

Since TWOV does not involve the

issuance of a visa, the Department’s role

in the day-to-day administration of the

TWOV program is minimal.

Therefore, the Department’s

regulation at 22 CFR 41.2(i), for the most

part, is merely a restatement of the INS

regulation on the same subject. The

Department does become involved,

however, in designating those countries

whose citizens are ineligible for the

TWOV privilege.

How will the Regulation Be Changed

Amending the List of Ineligible

Countries

The current regulation provides a list

of countries whose citizens are

ineligible for the TWOV privilege. The

Department proposes to amend this

regulation by removing the list of

ineligible countries from the regulation

and afterward, periodically, to publish

such a list it in a Federal Register

Notice. This will allow the Department

to review and publish any revised list

more frequently and more easily.

Determining Ineligibility to TWOV

In this rule the Department proposes

criteria which will be used in

determining for the purpose of

publishing the list in the Federal

Register those countries whose citizens

will be ineligible to transit without visa.

The list is not exhaustive. Other

relevant factors, as determined by the

Department and the INS, may be

considered as well.

Based on these criteria, and other

relevant factors, the Department and

INS intend to periodically compile an

updated list of countries whose citizens

are ineligible for the waiver privilege

and to publish the list in a notice in the

Federal Register.

What Is the Authority for Allowing or

Prohibiting Transit Without Visa

Section 212(d)(4)(C) of the

Immigration and Nationality Act (INA)

provides the authority for the Secretary

of State, acting jointly with the Attorney

General, to waive the passport and/or

visa requirement for a nonimmigrant

who is in immediate and continuous

transit through the United States and is

using a carrier that has entered into a

Transit Without Visa (TWOV)

Agreement as provided in INA 233(c)

Who Determines Which Countries Can

Transit Without a Visa

Since TWOV does not involve the

issuance of a visa, the Department’s role

in the day-to-day administration of the

TWOV program is minimal. Therefore,

the Department’s regulation at 22 CFR

41.2(i), for the most part, is merely a

restatement of the INS regulation on the

same subject. The Department does

become involved, however, in the

designation of those countries whose

citizens are ineligible to utilize the

TWOV. The current regulation provides

a list of ineligible countries.

What Criteria Will Be Considered in

Determining Eligibility to TWOV

Along with other factors which the

Department and the INS have

determined relevant, the Department

will consider.

(i) Whether citizens of the country

have abused this waiver privilege in the

past;

(ii) Whether citizens of the country

have a high nonimmigrant visa refusal

rate;

(iii) Whether there is insurrection or

instability in the country, such that

citizens of the country should apply for

visas to ensure that they are not

intending immigrants;

(iv) Whether a significant number of

citizens of the country are linked to

terrorist activity, narcotics trafficking, or

international criminal activity;

(v) Whether the President has issued

a proclamation under section INA 212(f)

pertaining to citizens of the country; or

(vi) Whether the country poses

significant security concerns.

Proposed Rule

How Will the Department of State

Amend Its Regulations

The Department of State proposes to

amend 22 CFR 41.2(i) by removing the

list of countries for which the transit

without visa privilege is not available.

After consideration of the criteria

outlined above, the Department and the

INS propose to publish and update a list

of countries whose citizens are

ineligible for the TWOV privilege.

What Effect Will This Rule Have on

Aliens Currently Excluded From the

TWOV Privilege

This is a proposed rule and, therefore,

does not affect aliens currently excluded

from the TWOV privilege. Any changes

to the list of ineligible aliens will take

effect upon publication of a final rule.

At the time of publication of the final

rule, the Department will also publish a

separate notice designating those

countries whose citizens are ineligible

for the TWOV privilege. The

Department and the INS will review and

update this list periodically.

Administrative Procedure Act

The Department is publishing this

rule as a proposed rule, with a 60-day

provision for public comments.

Regulatory Flexibility Act

The Department of State, 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.

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 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

costs 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

The Department of State does not

consider this rule, 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 13132

This regulation 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

1066 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Proposed Rules

1Section 420(a)(1) and (2) provide that the trust

that is part of the plan is not treated as failing to

satisfy the qualification requirements of section 401

(a) or (h) of the Code, and no amount is includable

in the gross income of the employer maintaining the

plan, solely by reason of such transfer. Also, section

420(a)(3) provides that a qualified transfer is not

treated as either an employer reversion for purposes

of section 4980 or a prohibited transaction for

purposes of section 4975.

In addition, Title I of the Employee Retirement

Income Security Act of 1974 (88 Stat. 829), as

amended (ERISA), provides that a qualified transfer

pursuant to section 420 is not a prohibited

transaction under ERISA (ERISA section 408(b)(13))

or a prohibited reversion of assets to the employer

(ERISA section 403(c)(1)). ERISA also provides

certain notification requirements with respect to

such qualified transfers.

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.

Paperwork Reduction Act

This rule does not impose any new

reporting or record-keeping

requirements. The information

collection requirement (Form OF–156)

contained by reference in this rule was

previously approved for use by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Passports and

visas.

In view of the foregoing, the

Department amends 22 CFR as follows:

PART 41—[AMENDED]

1. The authority citation continues to

read as follows:

Authority: 8 U.S.C. 1104; Pub. L. 105–277,

112 Stat. 2681 et. seq.

2. Section 41.2 is amended by revising

paragraph (i)(2) and adding paragraph

(i)(3) to read as follows:

§ 41.2 Waiver by Secretary of State and

Attorney General of passport and/or visa

requirements for certain categories of

nonimmigrants.

* * * * *

(i) Aliens in immediate transit without

visa (TWOV). * * *

(2) Notwithstanding the provisions of

paragraph (i)(1) of this section, an alien

is not eligible for this waiver if the alien

is a national of a country whose citizens

the Secretary of State and/or the

Attorney General have designated to be

ineligible to transit the United States

without a visa. The Department and the

INS may designate such nationalities

based on a variety of considerations

including, but not limited to, the

following:

(i) Whether citizens of the country

have abused this waiver privilege in the

past;

(ii) Whether citizens of the country

have a high nonimmigrant visa refusal

rate;

(iii) Whether there is insurrection or

instability in the country, such that

citizens of the country should apply for

visas to ensure that they are not

intending immigrants;

(iv) Whether a significant number of

citizens of the country are linked to

terrorist activity, narcotics trafficking, or

international criminal activity;

(v) Whether the President has issued

a proclamation under section INA 212(f)

pertaining to citizens of the country; or

(vi) Whether the country poses

significant security concerns.

(3) The Secretary of State, acting

jointly with the Attorney General, will

review periodically and publish in the

Federal Register an updated list of

countries whose citizens they have

determined are ineligible to transit

without visa.

Dated: September 15, 2000.

Maura Harty,

Acting Assistant Secretary for Consular

Affairs.

[FR Doc. 01–357 Filed 1–4–01; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–116468–00]

RIN 1545–AY43

Minimum Cost Requirement Permitting

the Transfer of Excess Assets of a

Defined Benefit Pension Plan to a

Retiree Health Account

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking

and notice of public hearing.

SUMMARY: This document contains

proposed Income Tax Regulations

relating to the minimum cost

requirement under section 420, which

permits the transfer of excess assets of

a defined benefit pension plan to a

retiree health account. Pursuant to

section 420(c)(3)(E), these proposed

regulations provide that an employer

who significantly reduces retiree health

coverage during the cost maintenance

period does not satisfy the minimum

cost requirement of section 420(c)(3). In

addition, these proposed regulations

clarify the circumstances under which

an employer is considered to have

significantly reduced retiree health

coverage during the cost maintenance

period. This document also provides a

notice of public hearing on these

regulations.

DATES: Written or electronic comments

must be received by March 6, 2001.

Requests to speak (with outlines of oral

comments to be discussed) at the public

hearing scheduled for March 15, 2001,

must be received by February 21, 2001.

ADDRESSES: Send submissions to:

CC:M&SP:RU (REG–116468–00), room

5226, Internal Revenue Service, POB

7604, Ben Franklin Station, Washington,

DC 20044. Submissions may be hand

delivered Monday through Friday

between the hours of 8 a.m. and 5 p.m.

to: CC:M&SP:RU (REG–116468–00),

Courier’s Desk, Internal Revenue

Service, 1111 Constitution Avenue,

NW., Washington, DC. Alternatively,

taxpayers may submit comments

electronically via the Internet by

selecting the ‘‘Tax Regs’’ option on the

IRS Home Page, or by submitting

comments directly to the IRS Internet

site at http://www.irs.gov/taxlregs/

regslist.html.

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Vernon S.

Carter or Janet A. Laufer, (202) 622–

6060; concerning submissions, Treena

Garrett, (202) 622–7180 (not toll-free

numbers).

SUPPLEMENTARY INFORMATION:

Background

The Revenue Reconciliation Act of

1990 (Pub. L. 101–508)(104 Stat. 1388),

section 12011, added section 420 of the

Internal Revenue Code (Code), a

temporary provision permitting certain

qualified transfers of excess pension

assets from a non-multiemployer

defined benefit pension plan to a health

benefits account (defined as an account

established and maintained under

section 401(h) of the Code (401(h)

account)) that is part of the plan.1 One

of the conditions of a qualified section

420 transfer was that the employer

satisfy a maintenance of effort

requirement in the form of a ‘‘minimum

cost requirement’’ under which the

employer was required to maintain

employer-provided retiree health

expenditures for covered retirees, their

spouses, and dependents at a minimum

dollar level for a 5-year cost

maintenance period, beginning with the

taxable year in which the qualified

transfer occurs.

The Uruguay Round Agreements Act

(Pub. L. 103–465)(108 Stat. 4809)