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Rules and Regulations Federal Register Vol. 77, No. 204

Monday, October 22, 2012

This section of the FEDERAL REGISTER Homeland Security, Visa Waiver Citizens and eligible nationals of VWP contains regulatory documents having general Program Office, (202) 282–8732. countries may apply for admission to applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: the United States at U.S. ports of entry are keyed to and codified in the Code of as nonimmigrant visitors for a period of Federal Regulations, which is published under I. Background ninety days or less for business or 50 titles pursuant to 44 U.S.C. 1510. A. The pleasure without first obtaining a The Code of Federal Regulations is sold by Pursuant to section 217 of the nonimmigrant visa, provided that they the Superintendent of Documents. Prices of Immigration and Act (INA), are otherwise eligible for admission new books are listed in the first FEDERAL 8 U.S.C. 1187, the Secretary of under applicable statutory and REGISTER issue of each week. Homeland Security (the Secretary), in regulatory requirements. To travel to the consultation with the Secretary of State, United States under the VWP, an alien may designate certain countries as Visa must be from a participating country DEPARTMENT OF HOMELAND and must satisfy the following: SECURITY Waiver Program (VWP) countries if certain requirements are met. Those (1) Be seeking entry as a tourist for ninety days or less; 8 CFR Part 217 requirements include, without limitation: (1) Meeting the statutory rate (2) Be a national of a program country; RIN 1601–AA67 of nonimmigrant visitor visa refusals for (3) Present an electronic or a nationals of the country; (2) a machine-readable passport issued by a Designation of for the Visa designated VWP participant country to Waiver Program government certification that it issues machine-readable that comply the air or vessel carrier before 4 AGENCY: Office of the Secretary, DHS. with internationally accepted standards; departure; (4) Execute the required immigration ACTION: Final rule. (3) a U.S. government determination that the country’s designation would not forms; SUMMARY: Eligible citizens, nationals negatively affect U.S. law enforcement (5) If arriving by air or sea, arrive on and passport holders from designated and security interests; (4) an agreement an authorized carrier; 1 Visa Waiver Program countries may to report, or make available through (6) Not represent a threat to the apply for admission to the United States other designated means, to the U.S. welfare, health, safety or security of the at U.S. ports of entry as nonimmigrant government information about the theft United States; aliens for a period of ninety days or less or loss of passports; (5) the government (7) Have not violated U.S. for business or pleasure without first acceptance for repatriation any citizen, immigration law during a previous obtaining a nonimmigrant visa, former citizen, or national not later than admission under the VWP; provided that they are otherwise eligible three weeks after the issuance of a final (8) Possess a round-trip ticket; for admission under applicable statutory order of removal; and (6) an agreement (9) Waive the right to review or appeal and regulatory requirements. On with the United States to share a decision regarding admissibility or to October 2, 2012, the Secretary of information regarding whether citizens contest, other than on the basis of an Homeland Security, in consultation or nationals of the country represent a application for asylum, any action for with the Secretary of State and with threat to the security or welfare of the removal; and reference to the of United States or its citizens. (10) Obtain an approved travel 1979, designated Taiwan for The INA also sets forth requirements authorization via the Electronic System participation in the Visa Waiver for continued eligibility and, where for Travel Authorization (ESTA). ESTA Program. Accordingly, this rule updates appropriate, probation and/or is an automated system that determines the list of countries designated for termination of program countries. the eligibility of visitors to travel to the participation in the Visa Waiver The current designated countries in U.S. under the Visa Waiver Program. Program by adding Taiwan. the VWP include Andorra, Australia, For more information about the ESTA, DATES: This final rule is effective on Austria, Belgium,2 Brunei, Czech please see the interim final rule at 73 FR November 1, 2012. Republic, Denmark, Estonia, Finland, 32440 (June 9, 2008), and implementing FOR FURTHER INFORMATION CONTACT: France, Germany, Greece, Hungary, notice at 73 FR 67354 (November 13, Gianfranco Corti, Department of Iceland, Ireland, Italy, Japan, Latvia, 2008). See sections 217(a) and 217(b) of Liechtenstein, Lithuania, Luxembourg, the Immigration and Nationality Act 1 With respect to all references to ‘‘country’’ or Malta, Monaco, the Netherlands, New (INA), 8 U.S.C. 1187(a)–(b). See also 8 ‘‘countries’’ in this document, it should be noted CFR part 217. that the Taiwan Relations Act of 1979, Public Law Zealand, Norway, Portugal, Republic of 96–8, Section 4(b)(1), provides that ‘‘[w]henever the Korea, San Marino, Singapore, Slovak laws of the United States refer or relate to foreign Republic, Slovenia, Spain, Sweden, Islands and the Isle of Man); it does not refer to countries, nations, states, governments, or similar Switzerland, and the United British overseas citizens, British dependent entities, such terms shall include and such laws 3 territories’ citizens, or citizens of British shall apply with respect to Taiwan.’’ 22 U.S.C. Kingdom. See 8 CFR 217.2(a). Commonwealth countries. 3303(b)(1). Accordingly, all references to ‘‘country’’ 4 For countries designated as VWP countries prior or ‘‘countries’’ in the Visa Waiver Program 2 After May 15, 2003, citizens of Belgium must to November 17, 2008, passports issued before authorizing legislation, Section 217 of the present a machine-readable passport in order to be October 26, 2006, need not contain the electronic Immigration and Nationality Act, 8 U.S.C. 1187, are granted admission under the Visa Waiver Program. chip that includes the biographic and biometric read to include Taiwan. This is consistent with the 3 The refers only to British information of the passport holder provided the United States’ one- policy, under which the citizens who have the unrestricted right of passports comply with International Civil Aviation United States has maintained unofficial relations permanent abode in the United Kingdom (England, Organization machine readable standards. See 8 with Taiwan since 1979. Scotland, Wales, Northern Ireland, the Channel U.S.C. 1732(c)(2).

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B. Designation of Taiwan rulemaking provisions of 5 U.S.C. 553 as consider this final rule to be a The Department of Homeland a foreign affairs function of the United ‘‘significant regulatory action’’ under Security (DHS), in consultation with the States, because it advances the Executive Order 12866, Sec. 3(f), Department of State, has evaluated President’s foreign policy goals and Regulatory Planning and Review, and Taiwan for VWP designation to ensure directly involves relationships between Executive Order 13563. that it meets the requirements set forth the United States and its alien visitors. DHS plans to issue a final rule on the in section 217 of the INA, as amended Accordingly, DHS is not required to Electronic System for Travel by section 711 of the Implementing provide public notice and an Authorization (ESTA) and that final rule Recommendations of the 9/11 opportunity to comment before will respond to public comments Commission Act of 2007, Public Law implementing the requirements under received on the interim final rules 110–53 (9/11 Act). The Secretary has this final rule. related to ESTA. The final rule’s determined that Taiwan has satisfied B. Regulatory Flexibility Act economic analysis will address the costs the statutory requirements for initial and benefits associated with the ESTA The Regulatory Flexibility Act (RFA) program, including the addition of VWP designation; therefore, the (5 U.S.C. 603(b)), as amended by the Secretary, in consultation with the Taiwan to the VWP. The VWP offers Small Business Regulatory Enforcement numerous security and economic Secretary of State and with reference to and Fairness Act of 1996 (SBREFA), the Taiwan Relations Act of 1979 (Pub. benefits to the United States by requires an agency to prepare and make promoting legitimate travel while L. 96–8), has designated Taiwan for available to the public a regulatory 5 enhancing security standards and participation in the VWP. flexibility analysis that describes the This final rule adds Taiwan to the list information sharing with international effect of a proposed rule on small partners. of countries authorized to participate in entities (i.e., small businesses, small the VWP. Accordingly, beginning organizations, and small governmental E. Executive Order 13132 November 1, 2012, eligible travelers jurisdictions) when the agency is The rule will not have substantial possessing Taiwan electronic passports required ‘‘to publish a general notice of direct effects on the States, on the with valid personal identification proposed rulemaking for any proposed relationship between the National numbers (household registration rule.’’ Because this rule is being issued Government and the States, or on the numbers) may apply for admission to as a final rule, on the grounds set forth distribution of power and the United States at U.S. ports of entry above, a regulatory flexibility analysis is responsibilities among the various as nonimmigrant visitors for a period of not required under the RFA. ninety days or less for business or DHS has considered the impact of this levels of government. Therefore, in pleasure without first obtaining a rule on small entities and has accordance with section 6 of Executive nonimmigrant visa, provided that they determined that this rule will not have Order 13132, DHS has determined that are otherwise eligible for admission a significant economic impact on a this final rule does not have sufficient under applicable statutory and substantial number of small entities. federalism implications to warrant the regulatory requirements. The individual aliens to whom this rule preparation of a federalism summary impact statement. II. Statutory and Regulatory applies are not small entities as that Requirements term is defined in 5 U.S.C. 601(6). F. Executive Order 12988 Civil Justice Accordingly, there is no change Reform A. Administrative Procedure Act expected in any process as a result of Under the Administrative Procedure this rule that would have a direct effect, This rule meets the applicable Act (5 U.S.C. 553(b)), an agency may either positive or negative, on a small standards set forth in sections 3(a) and waive the normal notice and comment entity. 3(b)(2) of Executive Order 12988. requirements if it finds, for good cause, C. Unfunded Mandates Reform Act of G. Paperwork Reduction Act that they are impracticable, 1995 unnecessary, or contrary to the public The Department of Homeland interest. The final rule lists a country This rule will not result in the Security is modifying OMB Control that the Secretary of Homeland Security, expenditure by State, local, and tribal Number 1651–0111, Arrival and in consultation with the Secretary of governments, in the aggregate, or by the Departure Record, to allow eligible State, has designated as a VWP eligible private sector, of $100 million or more Taiwan passport holders to use the country in accordance with 8 U.S.C. in any one year, and it will not Electronic System for Travel 1187(c). This amendment is a significantly or uniquely affect small Authorization (ESTA) to apply for conforming change to update the list of governments. Therefore, no actions were authorization to travel under the VWP VWP countries. Notice and comment for deemed necessary under the provisions prior to departing for the United States. this rule is unnecessary and contrary to of the Unfunded Mandates Reform Act CBP uses the information to assist in the public interest, because the rule of 1995. determining if an applicant is eligible for travel under the VWP. The merely conforms the regulatory text to D. Executive Order 12866 and 13563 reflect the Secretary’s designation of Department is requesting emergency Taiwan as a VWP participant; it is As discussed above, DHS is of the processing of this change to 1651–0111 technical in nature; and it relates only opinion that the subject of this as the information is essential to the to management, organization, rulemaking constitutes a foreign affairs mission of the agency and is needed procedure, and practice. For the same function of the United States, and thus prior to the expiration of time periods reasons, pursuant to 5 U.S.C. 553(d)(3), is exempt from the provisions of established under the PRA. Because of a delayed effective date is not required. Executive Order 12866. The Department the designation of Taiwan for DHS is of the opinion that this final has nevertheless reviewed this participation in the VWP, the rule is also excluded from the rulemaking to ensure its consistency Department is requesting OMB approval with the regulatory philosophy and of this information collection in 5 The Secretary of State nominated Taiwan for principles set forth in Executive Orders accordance with the Paperwork participation in the VWP on December 22, 2011. 12866 and 13563. DHS does not Reduction Act of 1995 (44 U.S.C. 3507).

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The addition of Taiwan to the Visa bearing a personal identification (a)(4), to facilitate the structural repair Waiver Program will result in an (household registration) number. of the bridge. estimated annual increase to In the closed position to vessels, the Janet Napolitano, information collection 1651–0111 of S.R. 74 Bridge, at Atlantic Intracoastal 240,000 responses and 60,000 burden Secretary. Waterway (AIWW) mile 283.1, at hours. The total burden hours for ESTA, [FR Doc. 2012–25986 Filed 10–19–12; 8:45 am] Wrightsville Beach, NC has a vertical including Taiwan, is as follows: BILLING CODE P clearance of 20 feet, above mean high Estimated annual reporting burden: water. Under this temporary deviation, from 4,785,000 hours. DEPARTMENT OF HOMELAND October 22, 2012, through March 15, Estimated number of respondents: SECURITY 19,140,000 respondents. 2013, the S.R. 74 Bridge will be closed Estimated average annual burden per Coast Guard to navigation each day, from 7 p.m. to respondent: 15 minutes. 7 a.m., except vessel openings will be 33 CFR Part 117 provided with a 2-hour advance notice List of Subjects in 8 CFR Part 217 to the bridge tender. [Docket No. USCG–2012–0932] Air carriers, Aliens, Maritime carriers, Vessel traffic along this part of the AIWW consists of commercial and Passports and visas. Drawbridge Operation Regulations; pleasure craft including sail boats, Atlantic Intracoastal Waterway (AIWW), Amendments to the Regulations fishing boats, and tug and barge traffic, Wrightsville Beach, NC For the reasons stated in the that transit mainly during the daylight preamble, DHS amends part 217 of title AGENCY: Coast Guard, DHS. hours with the occasional tug and barge 8 of the Code of Federal Regulations (8 ACTION: Notice of deviation from traffic at night. There are no alternate CFR part 217), as set forth below. drawbridge regulation. routes for vessels transiting this section of the AIWW. Vessels that can pass PART 217—VISA WAIVER PROGRAM SUMMARY: The Coast Guard has issued a under the bridge without a drawbridge temporary deviation from the operating opening may do so at all times and the ■ 1. The general authority citation for schedule that governs the S.R. 74 Bridge bridge will be able to open in an part 217 continues to read as follows: across the Atlantic Intracoastal emergency. Authority: 8 U.S.C. 1103, 1187; 8 CFR part Waterway, mile 283.1, at Wrightsville The Coast Guard has carefully 2. Beach, NC. The deviation is necessary to coordinated the restrictions with facilitate the structural repair of the ■ 2. In § 217.2 the definition of the term commercial and recreational waterway bridge. This deviation allows the bridge users. The Coast Guard will inform all ‘‘Designated country’’ in paragraph (a) is to be closed to navigation for 12 hours revised to read as follows: users of the waterway through our Local each day beginning in the evening. and Broadcast Notice to Mariners of the § 217.2 Eligibility. DATES: This deviation is effective from closure periods for the bridge so that (a) * * * 7 p.m. on October 22, 2012, until 7 a.m. vessels can arrange their transits to Designated country refers to Andorra, on March 15, 2013. minimize any impacts caused by the Australia, Austria, Belgium, Brunei, ADDRESSES: Documents mentioned in temporary deviation. Czech Republic, Denmark, Estonia, this preamble as being available in the In accordance with 33 CFR 117.35(e), Finland, France, Germany, Greece, docket USCG–2012–0932 and are the draw must return to its original Hungary, Iceland, Ireland, Italy, Japan, available online by going to http:// operating schedule immediately at the Latvia, Liechtenstein, Lithuania, www.regulations.gov, inserting USCG– end of the effective period of this Luxembourg, Malta, Monaco, the 2012–0932 in the ‘‘Search’’ box, and deviation. This deviation from the Netherlands, New Zealand, Norway, then clicking ‘‘Search’’. This material is operating regulations is authorized Portugal, Republic of Korea, San also available for inspection or copying under 33 CFR 117.35. Marino, Singapore, Slovak Republic, the Docket Management Facility (M–30), Dated: October 10, 2012. U.S. Department of Transportation, Slovenia, Spain, Sweden, Switzerland, Waverly W. Gregory, Jr., Taiwan, and the United Kingdom. The West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Bridge Program Manager, Fifth Coast Guard United Kingdom refers only to British District. citizens who have the unrestricted right Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, [FR Doc. 2012–25977 Filed 10–19–12; 8:45 am] of permanent abode in the United BILLING CODE 9110–04–P Kingdom (England, Scotland, Wales, except Federal holidays. Northern Ireland, the Channel Islands FOR FURTHER INFORMATION CONTACT: If and the Isle of Man); it does not refer to you have questions on this temporary DEPARTMENT OF HOMELAND British overseas citizens, British deviation from regulations, call or email SECURITY dependent territories’ citizens, or Mr. Bill H. Brazier, Bridge Management citizens of British Commonwealth Specialist, Fifth Coast Guard District, Coast Guard countries. After May 15, 2003, citizens telephone (757) 398–6422, email of Belgium must present a machine- [email protected]. If you have 33 CFR Part 165 readable passport in order to be granted questions on reviewing the docket, call admission under the Visa Waiver Renee V. Wright, Program Manager, [Docket Number USCG–2012–0869] Program. Taiwan (designated consistent Docket Operations, (202) 366–9826. RIN 1625–AA00 with the Taiwan Relations Act of 1979, SUPPLEMENTARY INFORMATION: The North Pub. L. 96–8 and the United States’ one- Carolina Department of Transportation, Safety Zone; Cooper T. Smith China policy) refers only to individuals who owns and operates this bascule lift Fireworks Event; Mobile River; Mobile, who have unrestricted right of bridge, has requested a temporary AL permanent abode on Taiwan and are in deviation from the current operating possession of an electronic passport regulations set out in 33 CFR 117.821 AGENCY: Coast Guard, DHS.

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