Unknown. Final rule; technical amendment

4,190 words·~19 min read·/register/2010/03/31/2010-7211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-03-31.xml --- 75 61 Wednesday, March 31, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16129-16136 2010-6776 2010-6778 2010-6780 Common Formats for Patient Safety Data Collection and Event Reporting, 16140-16142 2010-6781 Meetings: OS ARRA Expansion of Research Capabilities to Study CE Complex Patients; Correction, 16149 2010-6784 Agency Agency for Toxic Substances and Disease Registry NOTICES Proposed Substances To Be Evaluated for Set 24 Toxicological Profiles, 16153-16157 2010-7169 Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16066-16067 2010-7195 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: Cooperative Research Group on Integrated Investigations of Faulting In Carbonate Strata, 16178 2010-7004 Joint Venture Agreement Between Cambridge Major Laboratories, Inc. And Konarka Technologies, Inc., 16178-16179 2010-7003 Census Census Bureau NOTICES Meetings: Census Scientific Advisory Committee, 16078 2010-7241 Reestablishment of the Census Advisory Committee of Professional Associations Reestablishment of the Census Advisory Committee of Professional Associations, 16078-16079 2010-7250 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16128-16129 2010-7171 Centers Centers for Medicare & Medicaid Services NOTICES Meetings: Medicaid and CHIP Programs; CHIP Working Group (April 26, 2010), 16149-16150 2010-7225 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Strengthening Communities Fund Program Evaluation, 16138-16139 2010-6999 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 16070 2010-7313 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Acushnet River, New Bedford and Fairhaven, MA, Event - Road Race, 16009 2010-7246 Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, Chesapeake, VA, 16004-16005 2010-7244 Chehalis River, Aberdeen, WA, Schedule Change, 16002-16004 2010-7166 Hackensack River, Jersey City, NJ, Maintenance, 16009-16010 2010-7238 Lower Grand River, Iberville Parish, LA, 16007-16009 2010-7167 Port of Coos Bay Railroad Bridge, Coos Bay, North Bend, OR, 16005-16006 2010-7159 Sacramento River, Sacramento, CA, 16006-16007 2010-7249 Safety Zones:

Red River, MN, 16010-16012 2010-7158 NOTICES Charter Renewal: Prince William Sound Regional Citizens' Advisory Council, 16159 2010-7157 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16070-16071 2010-7177 Consumer Consumer Product Safety Commission RULES Civil Penalty Factors, 15993-16000 2010-6940 Defense Defense Department See Navy Department Drug Drug Enforcement Administration RULES Electronic Prescriptions for Controlled Substances, 16236-16319 2010-6687 Education Education Department NOTICES Smaller Learning Communities Program, 16082-16088 2010-7255 Election Election Assistance Commission NOTICES Proposed Information Quality Guidelines Policy, 16088 2010-7134 Request for Comments:

Proposed Requirements for Testing of Pilot Voting Systems to Serve UOCAVA Voters, 16088-16090 2010-7199 Employee Employee Benefits Security Administration NOTICES Meetings: Medicaid and CHIP Programs; CHIP Working Group (April 26, 2010), 16149-16150 2010-7225 Employment Employment and Training Administration RULES Temporary Employment of Foreign Workers in the United States; CFR Correction, 16000-16001 2010-7380 NOTICES ETA Program Year 2010 Workforce Investment Act Allotments;

Wagner-Peyser Act Final Allotments, and Workforce Information Grants, 16179-16186 2010-6696 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticide Tolerances: Cloquintocet-mexyl, 16017-16020 2010-6890 Prevention of Significant Deterioration and Nonattainment New Source Review: Inclusion of Fugitive Emissions, 16012-16017 2010-7036 PROPOSED RULES Approval and Promulgation of State Implementation Plan Revisions: North Dakota;

Air Pollution Control Rules, and Interstate Transport of Pollution for the 1997 PM2.5 and 8-hour Ozone NAAQS, etc., 16026-16032 2010-6894 Approval and Promulgation of State Implementation Plans: Colorado; Interstate Transport of Pollution Revisions for the 1997 8-hour Ozone NAAQS, etc., 16032-16037 2010-6893 Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Proposed Exclusion, 16037-16046 2010-7037 NOTICES Antimicrobial Pesticide Registration Review Dockets Opened for Review and Comment, 16100-16102 2010-7239 Application for Emergency Exemption, Solicitation of Public Comment:

Kasugamycin, 16102-16104 2010-6790 Bromine Registration Review Final Decision; Availability, 16104-16105 2010-7045 Cancellation Order for Amendment to Terminate a Use of DCNA Pesticide Registrations: Dicloran, 16105-16106 2010-6887 Draft Toxicological Review of Dichloromethane: In Support of Summary Information on the Integrated Risk Information System, 16106-16108 2010-7210 Meetings: Science Advisory Board Trichloroethylene Review Panel, 16108-16109 2010-7229 Registration Applications:

Antimicrobial Pesticide Products, 16109-16113 2010-6792 2010-6793 Registration Review Final Decision: Bacillus subtilis, 16113-16114 2010-7237 Registration Review; Biopesticides Dockets Opened for Review and Comment, 16114-16116 2010-7234 Registration Review; Pesticide Dockets Opened for Review and Comment, 16117-16119 2010-6888 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Issuance of Exposure Draft on Accrual Estimates for Grant Programs, 16120 2010-7248 FAA Federal Aviation Administration RULES Revision of Prohibited Area P-49;

Crawford, TX, 15992-15993 2010-7242 PROPOSED RULES Airworthiness Directives: Turbomeca S.A. MAKILA 1A and 1A1 Turboshaft Engines, 16022-16023 2010-7160 Proposed Amendment of Norton Sound Low and Control 1234L Offshore Airspace Areas: Alaska, 16024-16026 2010-7266 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16119-16120 2010-7168 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Glen Falls Hydro, LLC, et al., 16091 2010-7142 Grand River Dam Authority, 16090-16091 2010-7145 Lockhart Power Co., 16092-16093 2010-7146 Symbiotics, LLC, et al., 16090 2010-7143 Turnbull Hydro, LLC, 16093-16094 2010-7144 Union Electric Company dba Ameren/UE, 16091-16092 2010-7147 Upper Peninsula Power Co., et al., 16094 2010-7141 Combined Notice of Filings, 16095-16096 2010-7135 Complaints: New England Power Generators Association Inc v. ISO New England Inc. et al., 16096-16097 2010-7150 Environmental Assessments;

Availability, etc.: South Carolina Electric and Gas Company, South Carolina, 16097 2010-7148 Initial Market-Based Rate Filing: NFI Solar LLC, 16097 2010-7138 Patriot Power LLC, 16098 2010-7139 Reliable Power LLC, 16098-16099 2010-7137 Southern Turner Cimarron I, LLC, 16098 2010-7136 Termination of License : Mr. Jerry McMillan and Ms. Christine Smith, 16099-16100 2010-7149 Workshops on Penalty Guidelines: Enforcement of Statutes, Orders, Rules and Regulations, 16100 2010-7140 Federal Procurement Federal Procurement Policy Office NOTICES Work Reserved for Performance by Federal Government Employees, 16188-16197 2010-7329 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16228-16229 2010-7201 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16120-16123 2010-7164 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 16123 2010-7182 FTC Federal Trade Commission NOTICES Analysis of Proposed Consent Order to Aid Public Comment: Dave & Buster's Inc., 16123-16125 2010-7127 Federal Transit Federal Transit Administration NOTICES Final Circular:

Urbanized Area Formula Program, 16229-16233 2010-7083 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Tucson Shovel-Nosed Snake, 16050-16065 2010-7133 Listing Caseys June Beetle as Endangered and Designation of Critical Habitat, 16046-16049 2010-7131 Food Food and Drug Administration RULES New Animal Drugs: Removal of Obsolete and Redundant Regulations, 16001-16002 2010-7108 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Export of Food and Drug Administration Regulated Products; Export Certificates, 16137-16138 2010-7111 Meetings: Anti-Infective Drugs Advisory Committee, 16148-16149 2010-7113 Antiviral Drugs Advisory Committee, 16151 2010-7114 Public Workshop: Pharmaceutical Supply Chain, 16157-16158 2010-7151 Forest Forest Service NOTICES Meetings: Alpine County Resource Advisory Committee, 16069 2010-6998 Southeast Washington Resource Advisory Committee, 16069 2010-7116 Southwest Idaho Resource Advisory Committee, 16070 2010-7006 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Designation:

Amarillo, TX; Cairo, IL; State of Louisiana; State of North Carolina; Belmond, IA; State of New Jersey; and State of New York Areas, 16068-16069 2010-7122 Champaign, IL; Emmett, MI; Davenport, IA; Enid, OK; Keokuk, IA; Marshall, MI; and Omaha, NE Areas, 16067-16068 2010-7120 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health NOTICES Call for Co-Sponsors:

Office of Healthcare Quality Programs to Prevent Healthcare-Associated Infections, 16125-16126 2010-7227 Meetings: HIT Policy Committee, 16126 2010-6601 HIT Standards Committee, 16126-16127 2010-6600 Presidential Commission for the Study of Bioethical Issues; Establishment, 16127 2010-7232 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16136-16137 2010-7251 Homeland Homeland Security Department See Coast Guard See National Communications System See U.S.

Immigration and Customs Enforcement RULES Designation of Greece for the Visa Waiver Program, 15991-15992 2010-7211 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Allocation of Operating Subsidies Under the Operating Fund Formula, 16160 2010-7102 Availability for the Alaska Native/Native Hawaiian Institutions Assisting Communities Program, 16160-16161 2010-7223 Energy Conservation for PHA-owned or Leased projects - Audits, Utility Allowances, 16161-16162 2010-7101 Environmental Impact Statements;

Availability, etc.: Yesler Terrace Redevelopment Project, 16162-16163 2010-7099 FHA Debenture Call, 16163 2010-7096 Funding Awards: HUD-Veterans Affairs Supportive Housing Program (FY 2008 and 2009), 16163-16171 2010-7219 Privacy Act; Computer Matching Program, 16171-16173 2010-7220 Indian Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Navajo Partitioned Lands Grazing Permits, 16174-16175 2010-7174 Tribal Energy Resource Agreements, 16173-16174 2010-7172 Indian Indian Health Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Indian Health Service Medical Staff Credentials and Privileges Files, 16139-16140 2010-7253 Community-Directed Grant Program: FY 2010 Special Diabetes Program for Indians , 16142-16148 2010-7103 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service International International Trade Administration NOTICES Amended Final Determination Pursuant to Final Court Decision: Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China, 16071-16072 2010-7216 Initiation of Antidumping Duty New Shipper Reviews:

Certain Preserved Mushrooms from the People’s Republic of China, 16075-16076 2010-7355 Meetings: Civil Nuclear Trade Advisory Committee, 16077-16078 2010-7209 Report to Congress: Retrospective Versus Prospective Antidumping and Countervailing Duty Systems; Request for Comment and Public Hearing, 16079-16080 2010-7217 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Juvenile Justice and Delinquency Prevention Office NOTICES Lodging of Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act, 16176-16177 2010-7118 Lodging of Material Modification to Consent Decree Under the Clean Water Act, 16177 2010-7208 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings:

Coordinating Council on Juvenile Justice and Delinquency Prevention, 16177-16178 2010-7175 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 16188 2010-7388 Management Management and Budget Office See Federal Procurement Policy Office Mine Mine Safety and Health Administration NOTICES Affirmative Decisions on Petitions for Modification Granted in Whole or in Part, 16179 2010-7196 Petitions for Modification, 16186-16188 2010-7197 Morris Morris K.

Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 16197 2010-7012 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council Space Operations Committee, 16197-16198 2010-7156 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 16198-16200 2010-7334 National Communications National Communications System NOTICES Meetings:

President's National Security Telecommunications Advisory Committee, 16159-16160 2010-7205 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16227-16228 2010-7130 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 16152 2010-7180 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 16151 2010-7187 National Cancer Institute, 16153 2010-7178 National Heart, Lung, and Blood Institute, 16152 2010-7181 16152 2010-7184 National Institute of Neurological Disorders and Stroke, 16153 2010-7088 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Pollock in the West Yakutat District of the Gulf of Alaska, 16021 2010-7231 NOTICES Availability of Federal Ainancial Assistance: Fisheries Finance Program, 16072-16074 2010-7264 Availability of Seats; Request for Applications: Fagatele Bay National Marine Sanctuary Advisory Council, 16075 2010-7000 Flower Garden Banks National Marine Sanctuary Advisory Council, 16074-16075 2010-7002 Monterey Bay National Marine Sanctuary Advisory Council, 16074 2010-7001 Marine Mammals; File No. 15206;

Application, 16076-16077 2010-7260 Marine Mammals; File No. 15430; Application, 16077 2010-7257 National Park National Park Service NOTICES Inventory Completion: Museum of Cultural and Natural History, Central Michigan University, Mt. Pleasant, MI, 16175-16176 2010-7254 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Basewide Water Infrastructure et al. Replacement Projects, Marine Corps Base Camp Pendleton, San Diego County, CA, 16080-16082 2010-7183 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16200 2010-7190 Exemption: FPL Energy Point Beach, LLC; Point Beach Nuclear Plant (Units 1 and 2), 16201-16202 2010-7189 Interim Staff Guidance: Ensuring Hazard-Consistent Seismic Input for Site Response and Soil Structure Interaction Analyses, 16202 2010-7202 Issuance of Regulatory Guide, 16202-16203 2010-7226 Meetings: ACRS Subcommittee on Power Uprates, 16203-16204 2010-7188 Advisory Committee on Reactor Safeguards; ACRS Subcommittee on EPR, 16203 2010-7224 RUS Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16067 2010-7125 SEC Securities and Exchange Commission NOTICES Application: MCG Capital Corp., 16211-16212 2010-7206 MetLife Insurance Company of Connecticut, et al., 16205-16211 2010-7207 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 16216-16217 2010-7203 NASDAQ OMX BX, Inc., 16213-16214 2010-7104 NASDAQ OMX PHLX, Inc., 16219-16221 2010-7109 NASDAQ Stock Market LLC, 16221-16222, 16224-16225 2010-7105 2010-7107 National Securities Clearing Corp., 16214-16215 2010-7204 NYSE Amex LLC, 16222-16224 2010-7106 NYSE Arca, Inc., 16217-16219 2010-7110 SBA Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16204 2010-7247 Meetings: Region II Buffalo District Advisory Council, 16204-16205 2010-6816 State State Department NOTICES Certifications Pursuant to Section 609 of Public Law (101-162), 16225 2010-7221 Meetings: Organization of American States Specialized Conference on Private International Law Study Group, 16225-16226 2010-7218 Waiver of Restriction on Assistance to the Government of Libya, 16226 2010-7222 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B, 16226 2010-7176 Aviation Proceedings, Agreements Filed, 16226-16227 2010-7179 Immigration U.S.

Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Relating to Beneficiary of Private Bill, 16158 2010-7186 Separate Parts In This Issue Part II Justice Department, Drug Enforcement Administration, 16236-16319 2010-6687 Part III Readers Aids, Cumulative List of Public Laws, 111th Congress, First Session, 16322-16324 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 61 Wednesday, March 31, 2010 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 217 RIN 1601-AA54 Designation of Greece for the Visa Waiver Program AGENCY: Office of the Secretary, DHS. ACTION: Final rule; technical amendment.

SUMMARY: Citizens and eligible nationals of participating Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On March 4, 2010, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Greece as a country that is eligible to participate in the Visa Waiver Program.

Accordingly, this rule updates the list of countries authorized to participate in the Visa Waiver Program by adding Greece. DATES: This final rule is effective on April 5, 2010. FOR FURTHER INFORMATION CONTACT: Gianfranco Corti, Department of Homeland Security, Office of Policy,

(202)282-8732. SUPPLEMENTARY INFORMATION: I. Background A. The Visa Waiver Program Pursuant to section 217 of the Immigration and Nationality Act (INA), 8 U.S.C. 1187, the Secretary of Homeland Security (the Secretary), in consultation with the Secretary of State, may designate certain countries as Visa Waiver Program

(VWP)countries if certain requirements are met. Those requirements include, without limitation:

(1)Meeting the statutory rate of nonimmigrant visa refusal for nationals of the country;

(2)a government certification that it issues machine-readable passports that comply with internationally accepted standards;

(3)a U.S. government determination that the country's designation would not negatively affect U.S. law enforcement and security interests;

(4)an agreement to report, or make available through other designated means, to the U.S. government information about the theft or loss of passports;

(5)government acceptance for repatriation any citizen, former citizen, or national not later than three weeks after the issuance of a final order of removal; and

(6)an agreement with the United States to share information regarding whether citizens or nationals of the country represent a threat to the security or welfare of the United States or its citizens. The INA also sets forth requirements for continued eligibility and, where appropriate, probation and/or termination of program countries. The designated countries in the VWP include Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. 1 *See* 8 CFR 217.2(a). 1 The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man); it does not refer to British overseas citizens, British dependent territories' citizens, or citizens of British Commonwealth countries. Citizens and eligible nationals of VWP countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. To travel to the United States under the VWP, an alien must be from a participating country and must satisfy the following:

(1)Be seeking entry as a tourist for ninety days or less;

(2)Be a national of a program country;

(3)Present an electronic passport or a machine-readable passport issued by a designated VWP participant country to the air or vessel carrier before departure; 2 2 For countries designated as VWP member countries prior to November 17, 2008, passports issued before October 26, 2006 [see 8 U.S.C. 1732(c)(2)], need not contain the electronic chip that includes the biographic and biometric information of the passport holder provided the passports comply with the International Civil Aviation Organization's machine-readable standards.

(4)Execute the required immigration forms;

(5)If arriving by air or sea, arrive on an authorized carrier;

(6)Not represent a threat to the welfare, health, safety or security of the United States;

(7)Have not violated U.S. immigration law during a previous admission under the VWP;

(8)Possess a round-trip ticket;

(9)Waive the right to review or appeal a decision regarding admissibility or to contest, other than on the basis of an application for asylum, any action for removal; and

(10)Obtain an approved travel authorization via the Electronic System for Travel Authorization

(ESTA)in advance of travel. For more information about the ESTA, please see the interim final rule at 73 FR 32440 (June 9, 2008), and implementing notice at 73 FR 67354 (November 13, 2008). *See* Sections 217(a) and 217(b) of the Immigration and Nationality Act (INA), 8 U.S.C. 1187(a)-(b). *See also* 8 CFR part 217. DHS, in consultation with the Department of State, has evaluated the country of Greece for VWP designation to ensure that it meets the requirements set forth in section 217 of the INA, as amended by section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). The Secretary has determined that Greece has satisfied the statutory requirements to be a VWP country; therefore, the Secretary, in consultation with the Secretary of State, has designated Greece as a program country. 3 3 The Secretary of State nominated Greece for participation in the VWP on August 31, 2007. This final rule adds Greece to the list of countries authorized to participate in the VWP. Accordingly, beginning April 5, 2010, citizens and eligible nationals from Greece may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. III. Statutory and Regulatory Requirements A. Administrative Procedure Act Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. The final rule merely lists a country that the Secretary of Homeland Security, in consultation with the Secretary of State, has designated as a VWP eligible country in accordance with 8 U.S.C. 1187(c). This amendment is a technical change simply updating the list of VWP eligible countries. Therefore, notice and comment for this rule are unnecessary and contrary to the public interest because the rule has no substantive impact, is technical in nature, and relates only to management, organization, procedure, and practice. For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. This final rule is also excluded from the rulemaking provisions of 5 U.S.C. 553 as a foreign affairs function of the United States, because it advances the President's foreign policy goals, involves a bilateral agreement that the United States has entered into with Greece, and directly involves relationships between the United States and its alien visitors. Accordingly, DHS is not required to provide public notice and an opportunity to comment before implementing the requirements under this final rule. B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)(5 U.S.C. 603(b)), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996 (SBREFA), requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required “to publish a general notice of proposed rulemaking for any proposed rule.” Because this rule is being issued as a final rule, on the grounds set forth above, a regulatory flexibility analysis is not required under the RFA. DHS has considered the impact of this rule on small entities and has determined that this rule will not have a significant economic impact on a substantial number of small entities. The individual aliens to whom this rule applies are not small entities as that term is defined in 5 U.S.C. 601(6). Accordingly, there is no change expected in any process as a result of this rule that would have a direct effect, either positive or negative, on a small entity. C. 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 1995. D. Executive Order 12866 This amendment does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866. E. Executive Order 13132 The rule 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, DHS has determined that this final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. F. Executive Order 12988 Civil Justice Reform This 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 217 Air carriers, Aliens, Maritime carriers, Passports and visas. Amendments to the Regulations For the reasons stated in the preamble, DHS amends part 217 of title 8 of the Code of Federal Regulations (8 CFR part 217), as set forth below. PART 217—VISA WAIVER PROGRAM 1. The general authority citation for part 217 continues to read as follows: Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2. 2. In section 217.2 the definition of the term “Designated country” in paragraph

(a)is revised to read as follows: § 217.2 Eligibility.

(a)* * * *Designated country* refers to Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man); it does not refer to British overseas citizens, British dependent territories' citizens, or citizens of British Commonwealth countries. After May 15, 2003, citizens of Belgium must present a machine-readable passport in order to be granted admission under the Visa Waiver Program. Janet Napolitano, Secretary. [FR Doc. 2010-7211 Filed 3-30-10; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

U.S. Code