Adding Argentina to the List of Countries Authorized to Participate in the Visa Waiver Pilot Program [61 FR 35598] [FR 48-96]

DOCUMENT NUMBER: FR 48-96

FEDERAL REGISTER CITE: 61 FR 35598

DATE PUBLISHED: July 8, 1996

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:

	Effective
Country	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 eight-country 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 countri es to participate in the VWPP:

	Effective
Country	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 compro mised 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:

§ 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 b ased on the criteria set forth at sections 217(a)(2)(A) and 217(c) of the Act.

* * * * *

June 24, 1996 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.