[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Rules and Regulations]
[Page 5194-5195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-33]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 4163]
RIN 1400-AB43
Visas: Removal of Visa and Passport Waiver for Certain Permanent
Residents of Canada and Bermuda
AGENCY: Department of State.
ACTION: Interim rule, with request for comments.
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SUMMARY: This rule amends the Department of State’s regulation that
allows certain permanent residents of Canada and Bermuda who share a
common nationality with nationals of Canada or with British subjects in
Bermuda to enter the United States without a passport or visa. The
Department is taking this action in conjunction with the Immigration
and Naturalization Service of the Department of Justice (INS) due to
the heightened border security concerns following the events of
September 11, 2001. Aliens affected by this change will hereafter be
required to present a passport and a visa when applying for entry into
the United States. The Department is also changing the reference in the
current regulation to “British subjects in Bermuda”. In the amended
regulation, in accordance with recent legislation adopted by the United
Kingdom, those persons will instead be referred to as “citizens of the
Overseas Territory of Bermuda”. Canadian nationals and citizens of the
Overseas Territory of Bermuda will retain their current waiver
privileges.
DATES: Effective Date: This rule is effective 45 days from the date of
publication in the Federal Register.
Comment Date: Interested persons should submit comments on or
before 60 days from date of publication in the Federal Register.
ADDRESSES: Submit comments, in duplicate, to H. Edward Odom, Chief,
Legislation and Regulations Division, Visa Services, Department of
State, Washington, DC 20522-0113; or by e-mail to visaregs@state.gov.
FOR FURTHER INFORMATION CONTACT: For information regarding the
publication of this regulation under the Administrative Procedures Act
contact Patrick A. Chairge, Legislation and Regulations Division, Visa
Office, Room L603-C, SA-1, Department of State, Washington, DC 20520-
0106, (202) 663-1260; or e-mail:chairgepa@state.gov. For information
regarding the possible effect of this regulation on individual visa
applicants or any group of applicants contact the Public Inquiries
Division of the Directorate for Visa Services at (202) 663-1225, or by
e-mail to usvisa@state.gov.
SUPPLEMENTARY INFORMATION:
On What Authority Has the Department Granted This Waiver?
Section 212(d)(4)(B) of the Immigration and Nationality Act (INA),
8 U.S.C. 1182(d)(4), permits the Secretary of State and the Attorney
General, acting jointly, to waive the passport and visa requirements of
section 212(a)(7) of the INA, 8 U.S.C. 1182(a)(7). This waiver is
granted on the basis of reciprocity with respect to nationals of
foreign contiguous territories or adjacent islands or for residents who
have a common nationality with those nationals.
Who Currently Benefits From This Waiver?
Currently, subsection (b) of 22 CFR 41.2 benefits Canadian
permanent residents who have a common nationality with Canadians,
British subjects in Bermuda and aliens who have a common nationality
with such subjects. The waiver thus includes citizens of Commonwealth
countries as well as citizens of Ireland. Nationals of 54 countries
currently benefit from this waiver.
Why Is the Department Removing Part of This Waiver?
In light of the terrorist attacks of September 11, 2001, the
Department has determined that it is in the public interest to
reconsider this waiver, in part. Findings from the Department’s review
indicate that some beneficiaries of the waiver who are lawful permanent
residents of Canada or Bermuda include nationals from countries
requiring special clearance procedures. Beneficiaries also include
nationals from countries with high rates of fraud and abuse and
nationals from countries with high nonimmigrant refusal rates. In view
of these determinations, the Department is removing that part of its
current regulation that benefits Canadian and Bermudan non-citizen
residents who have a common nationality with Canadian and Bermudan
citizens. Those non-citizen residents will be required to present visas
and passports when attempting to enter the United States, except those
entering pursuant to the permanent Visa Waiver Program who will require
a passport but not a visa.
Why Has the Department Changed the Reference to “British Subjects in
Bermuda”?
The “British Overseas Territory Act of 2002” changed former
references to “dependent territories”, including Bermuda, to
“British Overseas Territories” and established the citizenship of
such territories as “British Overseas Territories Citizenship”.
Therefore citizens of Bermuda will now be referred to in the regulation
as “citizens of the British Overseas Territory of Bermuda”, rather
than “British subjects in Bermuda”.
Request for Comments
The Department is seeking public comments regarding this interim
rule. The Department welcomes comments on all topics contained within
this interim rule.
Interim Rule
This interim rule amends the Department’s regulation at 41.2(b)
that grants visa and passport waivers to certain Canadian permanent
residents, British subjects in Bermuda and certain permanent residents
of Bermuda by removing from its application Canadian and Bermudan
permanent residents.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department’s implementation of this regulation as an interim
rule, with a provision for public comments, is based upon the “good
cause” exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). The
Department believes that immediate implementation of this regulation is
in the public interest to ensure public safety in light of ongoing
security concerns following the terrorist attacks of September 11,
2001. Some beneficiaries of the visa and passport waiver include
nationals from countries requiring special clearance procedures.
Beneficiaries also include nationals from countries with high rates of
fraud and abuse and nationals from countries with high nonimmigrant
refusal rates. The Department has established a 45-day post publication
effective date for this rule in order to allow sufficient time to those
Canadian and Bermudan residents affected by it to obtain the
documentation that it requires they present when applying for entry
into the United States. In this manner the Department hopes to minimize
any disruption to travel along the border and also to minimize strain
on INS and Department resources that might otherwise occur if
significant numbers of aliens did not have sufficient time to obtain
proper documentation.
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 the 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 foreign-based
companies in domestic and export markets.
Executive Order 12866
The Department of State considers this rule to be a “significant
regulatory action” under Executive Order 12866, section 3(f),
Regulatory Planning and Review. Therefore, it was submitted for review
by the Office of Management and Budget.
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.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports and visas.
Accordingly, amend 22 CFR part 41 as follows:
Part 41–[AMENDED]
1. The authority citation for Part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681 et
seq.
2. Revise paragraph (b) of 41.2 to read as follows:
Sec. 41.2 Waiver by Secretary of State and Attorney General of
passport and/or visa requirements for certain categories of
nonimmigrants.
* * * * *
(b) Citizens of the British Overseas Territory of Bermuda. A
passport is not required except after a visit outside the Western
Hemisphere. A visa is not required.
* * * * *
Dated: January 23, 2003.
Timothy Egert,
Federal Register Liaison, Department of State.
[FR Doc. 03-2202 Filed 1-30-03; 8:45 am]
BILLING CODE 4710-06-P
The following list of countries comprises The British Commonwealth::
Antigua and Barbuda, Australia, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Cyprus,
Dominica, Fiji Islands, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Swaziland, The Bahamas, The Gambia, Tonga, Trinidad and Tobago, Tuvalu, Uganda,
United Kingdom, United Republic of Tanzania, Vanuatu, Zambia, and Zimbabwe