Visas; nonimmigrant documentation: Waiver by Secretary of State and Attorney General of passport and/or visa requirements— British Virgin Islands nationals entering U.S. through St. Thomas, U.S. Virgin Islands,

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Federal Register: February 18, 1999 (Volume 64, Number 32)Rules and RegulationsPage 7998-7999From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr18fe99-7

DEPARTMENT OF STATE

22 CFR Part 41

Public Notice 2926Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended--Waiver by Secretary of State and Attorney General of Passport and/or Visa Requirements for Certain Categories of Nonimmigrants

AGENCY: Department of State.

ACTION: Interim rule.

SUMMARY: Current regulations contain a joint Secretary of State/ Attorney General (Secretary/AG) list of waivers of visas and/or passports for certain nonimmigrants including a provision for nationals of the British Virgin Islands (BVI) entering the United States (U.S.) Virgin Islands. This rule extends that provision to include nationals of the BVI who seek to enter the U.S. mainland temporarily for business or pleasure through the port-of-entry at St. Thomas, U.S. Virgin Islands.

DATES: This rule is effective February 18, 1999.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and Regulations Division, Visa Services, Department of State, Washington, D.C. 20520-0106, (202) 663-1204.

SUPPLEMENTARY INFORMATION:

Why Is This Being Done?

The U.S. consulate at St. Johns, Antigua, is one of a number of small posts the State Department has closed in recent years for budgetary reasons. This has created a serious inconvenience for nationals of the BVI who, if they wished to visit the United States, have had to apply for a nonimmigrant visa by either going to Barbados, the nearest consular office, or applying by mail which is time- consuming. The BVI government asked that some ameliorating action be taken if possible. The Department and the Immigration and Naturalization Service (INS), after a joint study, decided that waiving the nonimmigrant visa for visitors for business and pleasure was the most appropriate way to ease the situation and still maintain the safeguards of the Immigration and Nationality Act (INA).

What Is the Legal Basis for This Action?

Section 212(d)(4) of the INA provides that the Secretary and AG may jointly waive visa and/or passport requirements on the basis of reciprocity for nationals of foreign contiguous territories or adjacent islands and residents thereof who have a common nationality with such nationals. That is the basis for the current regulations at 22 CFR 41.2 and for their expansion with this rule.

What Is the Difference Between This and What Is Now in the Regulations?

The current regulation only permits the entry of BVI nationals not in possession of a valid visitor's visa into the U.S. Virgin Islands. If they wish to enter any other part of the United States, they must not only have a passport, but also a visa. This amendment will permit visitors for business or pleasure, that is, persons described in INA 101(a)(15)(B), to enter without a visa if they meet certain other requirements. They must have a Certificate of Good Character issued by the Royal Virgin Islands Police Department, must leave through the port of St. Thomas by air directly for the United States, and must satisfy the immigration officer at that pre-inspection station that they are admissible in all respects. A BVI national wishing to enter the United States for any other purpose as a nonimmigrant must have a nonimmigrant visa. See the Immigration and Naturalization Service rule published elsewhere in this issue of the Federal Register.

Regulatory Analysis and Notices

Interim Rule

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 set forth at 5. U.S.C. 553(b)(3)(B) and 553(d)(3). It provides a benefit to the persons affected and thus to U.S. businesses patronized by them. It also provides a significant workload reduction for the Department. Delay of

[Page 7999]the benefit for public notice and comment is unnecessary.

The Regulatory Flexibility Act

Pursuant to Sec. 605 of the Regulatory Flexibility Act, the Department has assessed the potential impact of this rule, and the Assistant Secretary for Consular Affairs hereby certifies that it is not expected to have a significant economic impact on a substantial number of small entities.

E.O. 12988 and E.O. 12866

This rule has been reviewed as required under E.O. 12998 and determined to be in compliance therewith. This rule is exempt from review under E.O. 12866, but has been reviewed internally by the Department to ensure consistency therewith. The rule does not directly affect states or local governments or Federal relationships and does not create unfunded mandates.5 U.S.C. 8As required by 5 U.S.C., chapter 8, the Department has screened this rule and determined that it is not a major rule, as defined in5 U.S.C. 80412.Paperwork Reduction Act

This rule will eliminate certain paperwork requirements, rather than adding to them.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Passports and visas.

In view of the foregoing, 22 CFR part 41 is amended as follows:

PART 41--[AMENDED]

1. The authority citation for part 41 continues to read:

Authority:8 U.S.C. 1104.2. Section 41.2(f) is revised 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.

  (f) Nationals and residents of the British Virgin Islands.

  (1) A national of the British Virgin Islands and resident therein requires a passport but not a visa if proceeding to the United States Virgin Islands.

  (2) A national of the British Virgin Islands and resident therein requires a passport but does not require a visa to apply for entry into the United States if such applicant:

  (i) Is proceeding by aircraft directly from St. Thomas, U.S. Virgin Islands;

  (ii) Is traveling to some other part of the United States solely for the purpose of business or pleasure as described in INA 101(a)(15)(B);

  (iii) Satisfies the examining U.S. Immigration officer at that port of entry that he or she is admissible in all respects other than the absence of a visa; and

  (iv) Presents a current Certificate of Good Conduct issued by the Royal Virgin Islands Police Department indicating that he or she has no criminal record. * * * * *

Dated: November 2, 1998. Mary A. Ryan, Assistant Secretary for Consular Affairs.

FR Doc. 99-3983Filed2-17-99; 8:45 amBILLING CODE 4710-06-P

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