[Federal Register: June 15, 2001 (Volume 66, Number 116)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Rules and Regulations
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 212
[INS No. 2144-01]
Removing Russia from 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.
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 Immigration
and Nationality Act (Act). This interim rule removes Russia from 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.
DATES: Effective date: This interim rule is effective June 15, 2001.
Comment date: Written comments must be submitted on or before
August 14, 2001.
ADDRESSES: Please submit written comments 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 2144-01 on your correspondence to ensure proper and
timely handling. You may also submit comments to the Service
electronically at http:/www.ins.usdoj.gov. When submitting comments
electronically, please include INS No. 2144-01 in the subject line.
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.
What Is the Authority for Participation in the TWOV Program?
Section 212(d)(4)(C) of the 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?
This rule amends Sec. 212.1(f)(2) by removing Russia from the list
of countries whose citizens are ineligible for TWOV privileges.
Why Is Russia Being Removed From the Ineligibility List in
Upon further review by the Service, and in consultation with the
Department of State, the Service now has determined that Russia should
be granted TWOV privileges. This determination has been made, in light
of the factors that the Service has adopted, for determining which
countries' citizens and nationals are ineligible to apply for TWOV
privileges. The Service therefore is removing Russia from the listing
of countries whose citizens are ineligible for TWOV privileges.
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'' exception found at 5 U.S.C. 553(b)(B) and 553(d)(3). Since the
Service is removing a country from the list of ineligible countries,
the Service finds that ``good cause'' exists under 5 U.S.C. 553(d)(3)
to make this rule effective upon date of publication. Delaying the
effective date of this interim rule is impractical and contrary to the
public interest because it would prevent the Service and the Secretary
of State from reinstating TWOV privileges on a timely basis.
Accordingly, there is ``good cause'' under 5 U.S.C. 553 to make this
rule effective upon the date of publication in the Federal Register.
Regulatory Flexibility Act
The Acting 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, although this rule may have an economic impact on small entities
(air carriers), this rule is intended to encourage travel by Russian
nationals and thus would have a positive impact on the air carrier and
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 one 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
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 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 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
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
Sec. 212.1 [Amended]
2. Section 212.1(f)(2) is amended by removing the country
``Russia,'' from the list of countries whose citizens and nationals are
ineligible for TWOV privileges.
Dated: June 12, 2001.
Kevin D. Rooney,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 01-15133 Filed 6-12-01; 3:47 pm]
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