[Federal Register: January 5, 2001 (Volume 66, Number 4)]
[Rules and Regulations]
[Page 1017-1018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja01-2]
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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.
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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 Sec. 212.1(f)(2). This rule amends
Sec. 212.1(f)(3) by adding certain countries to the list of countries
whose citizens are ineligible for TWOV privileges and re-designates
Sec. 212.1(f)(3) as Sec. 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
Sec. 212.1(f)(2), as Revised?
The following countries are being added to Sec. 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
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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 foreign-
based 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:
Sec. 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, Bosnia-Herzegovina, 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]