[Federal Register: February 16, 2000 (Volume 65, Number 32)]
[Rules and Regulations]
[Page 7715-7716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe00-2]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 214
[INS No. 2038-99]
RIN 1115-AF68
Adding Cleveland, Ohio, Ft. Myers, Florida, and San Jose,
California to the List of Ports-of-Entry Accepting Applications for
Direct Transit Without Visa
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations by adding Cleveland, Ohio, Ft. Myers, Florida,
and San Jose, California, to the list of ports-of-entry where, except
for transit from one part of foreign contiguous territory to another
part of the same territory, an alien must make application for
admission to the United States for direct transit without visa. This
change is necessary to accommodate the increase in international
commerce serving Cleveland, Ohio, Ft. Myers, Florida, and San Jose,
California.
DATES: This rule is effective February 16, 2000.
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 Does This Final Rule Change?
This final rule adds Cleveland, Ohio, Ft. Myers, Florida, and San
Jose, California, to 8 CFR 214.2(c)(1) as ports-of-entry where, except
for transit from one part of foreign contiguous territory to another
part of the same territory, application for direct transit without visa
must be made.
Why Is the Service Making This Change?
The Cleveland Hopkins International Airport in Cleveland, Ohio,
recently began daily nonstop service between Cleveland and the United
Kingdom's London Gatewick Airport. Passengers wishing to travel between
Canada and London via Cleveland will benefit from this rule change. The
Southwest Florida International Airport in Ft. Myers, Florida, has
added additional international passenger service, specifically arrivals
transiting between the German Federal Republic and Mexico. In addition,
the designation of the airport at San Jose, California, as a transit
without visa port-of-entry will allow carriers to accept passengers
transiting between the Far East and Latin America. By allowing these
airports to accept applications for direct transit without visa, they
will be able to accommodate these transit air passengers.
Administrative Procedures Act
Compliance with 5 U.S.C. 553(a)(2) as to notice of proposed
rulemaking and delayed effective date is unnecessary as this rule
relates to agency management, and accordingly, is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore the reporting requirement of 5 U.S.C. 801 does not apply.
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 allows the Cleveland, Ohio, Ft. Myers,
Florida, and San Jose, California, airports to accommodate individual
international passengers by providing authority to carriers to accept
applications for direct transit without visa.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b),
Principles of Regulation. This rule falls within a category of actions
that the Office of Management and Budget (OMB) has determined not to
constitute ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and accordingly
this rule has not been reviewed by OMB.
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 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.
List of Subjects in 8 CFR Part 214
Administrative practice and procedure, Aliens, Passports, and
Visas.
Accordingly, part 214 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221,
1281, 1282; 8 CFR part 2.
Sec. 214.2 [Amended]
2. In Sec. 214.2, paragraph (c)(1) is amended in the fourth
sentence by:
a. Adding ``Cleveland, OH,'' immediately after ``Christiansted,
VI,''
b. Adding ``Ft. Myers, FL,'' immediately after ``Fairbanks, AK,''
and by
c. Adding ``San Jose, CA,'' immediately after ``San Francisco,
CA,''.
[[Page 7716]]
Dated: February 4, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-3584 Filed 2-15-00; 8:45 am]