Unknown. Interim final rule; solicitation of comments

4,290 words·~20 min read·/register/2011/03/23/2011-6555

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-2011-03-23.xml --- 76 56 Wednesday, March 23, 2011 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Continuance Referendum: Blueberry Promotion, Research and Information Order, 16324 2011-6827 Cranberries Grown in the States of Massachusetts, Rhode Island, Connecticut, et al., 16322-16323 2011-6833 Irish Potatoes Grown in Washington, 16323-16324 2011-6829 User Fees for 2011 Crop Cotton Classification Services to Growers, 16321-16322 2011-6835 Agricultural Research Agricultural Research Service NOTICES Intent to Grant Exclusive License, 16376 2011-6895 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Food and Nutrition Service See Forest Service Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare, Medicaid, and Children's Health Insurance Programs: 2011 Provider Enrollment Application Fee, 16422-16424 2011-6813 Civil Rights Civil Rights Commission NOTICES Meetings:

New Mexico Advisory Committee, 16378-16379 2011-6818 Vermont Advisory Committee, 16378 2011-6817 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Buffalo Bayou, mile 4.3, Houston, Harris County, TX, 16294-16296 2011-6876 Cerritos Channel, Long Beach, CA, 16297 2011-6880 Pocomoke River, Snow Hill, MD, 16296-16297 2011-6879 NOTICES Committee Establishments: Merchant Marine Personnel Advisory Committee, 16434-16435 2011-6885 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Fees for Reviews of Rule Enforcement Programs of Contract Markets and Registered Futures Associations, 16388-16391 2011-6821 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-6851 16475-16477 2011-6853 2011-6893 Council Council on Environmental Quality NOTICES Call for Innovative National Environmental Policy Act Pilot Project Proposals, 16391 2011-6760 Defense Department Defense Department See Navy Department Delaware Delaware River Basin Commission RULES Water Quality Regulations: Water Code and Comprehensive Plan to Update Water Quality Criteria for Toxic Pollutants in the Delaware Estuary, etc., 16285 2011-6636 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-6841 16392-16393 2011-6842 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance: Delphi Corp., Electronics and Safety Division, et al., Kokomo, IN, 16446 2011-6805 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Ethicon, et al., San Angelo, TX, 16447 2011-6807 Hack Co., Grants Pass, OR, 16448 2011-6806 Lafarge North America, Inc., Seattle, WA, 16447 2011-6801 Silberline Manufacturing Company, Inc., Hometown Facility, Tamaqua, PA, et al., 16446-16447 2011-6802 St.

John Knits, Inc., Irvine, CA, 16447-16448 2011-6800 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 16448-16450 2011-6804 Revised Determinations on Remand: Management Resources Group, Inc., Southbury, CT, 16450-16451 2011-6803 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Exemptions from the Requirements of Tolerances: Aspergillus flavus AF36, 16297-16301 2011-6545 Pesticide Tolerances:

Dichlormid, 16308-16311 2011-6440 Flubendiamide, 16301-16307 2011-6888 PROPOSED RULES Approval and Promulgation of Air Quality Implementation: Connecticut; Maine; New Hampshire and Rhode Island; Infrastructure SIPs for the 1997 Ozone Standard, 16358-16365 2011-6870 Approval and Promulgation of Implementation Plans: Washington; Correction, 16365-16367 2011-6872 NOTICES Data Transfers: Summitec Corp., 16409-16410 2011-6658 Meetings: FIFRA Scientific Advisory Panel, 16410-16413 2011-6550 Local Government Advisory Committee, 16413 2011-6867 Pesticide Products;

Registration Applications, 16413-16415 2011-6661 Product Cancellation Order for Certain Pesticide Registrations, 16415-16419 2011-6544 2011-6890 Environmental Quality Council See Council on Environmental Quality Executive Office of the President See Council on Environmental Quality See Presidential Documents Federal Aviation Federal Aviation Administration RULES Moratorium on New Exemptions for Passenger Carrying Operations Conducted for Compensation and Hire in Other Than Standard Category Aircraft, 16239-16240 2011-6712 Prohibition Against Certain Flights Within the Tripoli Flight Information Region, 16236-16239 2011-6942 PROPOSED RULES Amendment of Class E Airspace:

Duluth, MN, 16348-16349 2011-6847 Policy Regarding Civil Aircraft Operators Providing Contract Support to Government Entities, 16349-16350 2011-6894 NOTICES Meetings: RTCA Special Committee 205/EUROCAE WG-71; Software Considerations in Aeronautical Systems, 16469-16470 2011-6845 RTCA Special Committee 224; Airport Security Access Control Systems, 16470 2011-6843 Federal Communications Federal Communications Commission PROPOSED RULES Implementation of the Truth in Caller ID Act of 2009, 16367-16375 2011-6877 Lifeline and Link Up Reform and Modernization;

Federal-State Joint Board on Universal Service, 16482-16519 2011-6557 Petition for Reconsideration of Action of Rulemaking Proceeding, 16375 2011-5523 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Orderly Liquidation Authority, 16324-16345 2011-6705 Federal Election Federal Election Commission RULES Electronic Contributor Redesignations, 16233 2011-6756 NOTICES Filing Dates for Special Elections: New York 26th Congressional District, 16419-16420 2011-6758 Federal Energy Federal Energy Regulatory Commission RULES Mandatory Reliability Standards for Interconnection Reliability Operating Limits, 16240-16250 2011-6778 Planning Resource Adequacy Assessment Reliability Standard, 16250-16263 2011-6763 Revision to Electric Reliability Organization Definition of Bulk Electric System, 16263-16277 2011-6779 System Restoration Reliability Standards, 16277-16285 2011-6739 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16393-16394 2011-6741 Analysis of Horizontal Market Power under the Federal Power Act, 16394-16398 2011-6738 Combined Filings, 2011-6765 16398-16405 2011-6766 2011-6767 2011-6777 2011-6787 Filings: Brooklyn Union Gas Co., 16405 2011-6740 Meetings: PJM Interconnection LLC; Staff Attendance, 16405-16406 2011-6743 Preliminary Permit Drawings: Lock Plus Hydro Friends Fund XLII; FFP Missouri 10, LLC; Solia 7 Hydroelectric, LLC, 16408 2011-6772 Lock Plus Hydro Friends Fund XLIV;

FFP Missouri 11, LLC; Solia 5 Hydroelectric, LLC, 16407-16408 2011-6774 Lock Plus Hydro Friends Fund XLV; FFP Missouri 9, LLC; Solia 8 Hydroelectric, LLC, 16408-16409 2011-6771 Lock Plus Hydro Friends Fund XLVI; FFP Missouri 17, LLC; Solia 3 Hydroelectric, LLC; Three Rivers Hydro LLC, 16407 2011-6775 Lock Plus Hydro Friends Fund XLVII; FFP Missouri 16, LLC; Solia 7 Hydroelectric, LLC; Three Rivers Hydro LLC, 16409 2011-6769 Lock Plus Hydro Friends Fund XXXIV; FFP Missouri 5, LLC;

Solia 2 Hydroelectric, LLC, 16409 2011-6770 Lock Plus Hydro Friends Fund XXXVI; FFP Missouri 8, LLC; Solia 6 Hydroelectric, LLC, 16406-16407 2011-6776 Lock Plus Hydro Friends Fund XXXVII; FFP Missouri 6, LLC; Solia 1 Hydroelectric, LLC, 16408 2011-6773 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highways: Wisconsin, 16470-16471 2011-6747 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 16420 2011-6859 Ocean Transportation Intermediary License;

Applicants, 16420-16421 2011-6862 Ocean Transportation Intermediary License; Reissuances, 16421 2011-6871 Ocean Transportation Intermediary License; Rescissions of Revocations, 16421 2011-6868 Ocean Transportation Intermediary License; Revocations, 16421-16422 2011-6865 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 16471 2011-6995 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Gentian Pinkroot, Technical/Agency Draft Recovery Plan;

Availability, 16439-16440 2011-6638 Endangered and Threatened Wildlife and Plants; Permits: Town of Apple Valley, San Bernardino County, CA, 16440-16442 2011-6820 Permits: Endangered Species; Marine Mammals, 16442-16443 2011-6831 Food and Drug Food and Drug Administration RULES Food Additives Permitted for Direct Addition to Food for Human Consumption: Bacteriophage Preparation, 16285-16290 2011-6792 Medical Devices; Immunology and Microbiology Devices: Classification of Ovarian Adnexal Mass Assessment Score Test System, 16292-16294 2011-6620 Tolerances for Residues of New Animal Drugs in Food: 2-Acetylamino-5-Nitrothiazole;

Buquinolate; Chlorobutanol; Estradiol and Related Esters, etc.; Correcting Amendments, 16290-16291 2011-6796 PROPOSED RULES Medical Devices Ovarian Adnexal Mass Assessment Score Test System; Labeling; Black Box Restrictions, 16350-16353 2011-6621 NOTICES Draft Guidance for Industry; Availability: Compliance With Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, 16424 2011-6794 Testing for Salmonella Species in Human Foods and Direct-Human-Contact Animal Foods, 16425 2011-6793 Guidance for Industry and Food and Drug Administration Staff;

Availability: Class II Special Controls Guidance Document: Ovarian Adnexal Mass Assessment Score Test System, 16425-16426 2011-6622 Meetings: Risk Communication Advisory Committee, 16427 2011-6788 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nutrition Assistance in Farmers' Markets; Understanding Current Operations, 16376-16377 2011-6896 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Manufacturing Authority:

Best Chair, Inc. d/b/a Best Home Furnishings, Foreign-Trade Zone 177, Evansville, IN, 16379 2011-6882 Forest Forest Service NOTICES Meetings: Chippewa National Forest Resource Advisory Committee, 16377-16378 2011-6521 Mendocino Resource Advisory Committee, 16378 2011-6815 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Strengthening the Scientific Understanding of Climate Change Impacts on Freshwater Resources, 16443 2011-6798 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services RULES Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program: Clarification of Countries and Geographic Areas Eligible for Participation, 16231-16233 2011-6555 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Choice Neighborhoods, 16437-16438 2011-6764 Reallocation of Capital Funds to Grant Program, 16438-16439 2011-6762 Indian Health Indian Health Service NOTICES Memorandum of Agreement, 16427-16430 2011-6826 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Final Results: Certain Steel Nails from People's Republic of China, 16379-16384 2011-6728 Extension of Preliminary Results of Antidumping Duty New Shipper Reviews: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 16384 2011-6883 Initiation of Antidumping Duty New Shipper Reviews: Certain Frozen Warmwater Shrimp form the Socialist Republic of Vietnam, 16384-16385 2011-6881 International Trade Com International Trade Commission NOTICES Investigations: Certain Gemcitabine and Products Containing Same, 16445-16446 2011-6799 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Filing of Plat of Survey:

Minnesota, 16444 2011-4045 Meetings: Southeast Oregon Resource Advisory Council, 16444 2011-6721 Realty Actions: Extension of Temporary Segregation of Public Lands for Proposed Disposal in Blaine County, ID, 16444-16445 2011-6751 National Credit National Credit Union Administration RULES Corporate Credit Unions, 16235-16236 2011-6755 Prompt Corrective Action; Amended Definition of Low-Risk Assets, 16234-16235 2011-6754 PROPOSED RULES Net Worth and Equity Ratio, 16345-16348 2011-6757 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16472 2011-6849 Consumer Information; Program for Child Restraint Systems: Correction, 16472 2011-6729 Petitions for Exemptions from Vehicle Theft Prevention Standard: Ford Motor Co., 16472-16474 2011-6724 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2011-6860 16431-16432 2011-6861 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 16433 2011-6873 National Cancer Institute, 16431 2011-6863 National Center for Complementary and Alternative Medicine, 16433 2011-6866 National Institute of Diabetes and Digestive And Kidney Diseases, 16432-16433 2011-6874 National Institute of Neurological Disorders and Stroke, 16432 2011-6858 National Library of Medicine, 16431 2011-6864 National Oceanic National Oceanic and Atmospheric Administration RULES Takes of Marine Mammals Incidental to Specified Activities:

Space Vehicle and Missile Launch Operations at Kodiak Launch Complex, AK, 16311-16320 2011-6886 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 16385-16386 2011-6878 NOAA Policy on Prohibited and Approved Uses of the Asset Forfeiture Fund, 16386-16387 2011-6869 Whaling Provisions: Aboriginal Subsistence Whaling Quotas, 16388 2011-6889 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16456 2011-6808 Navy Navy Department NOTICES Meetings:

Ocean Research and Resources Advisory Panel, 16391-16392 2011-6822 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Combined Licenses: South Carolina Electric and Gas Co., Fairfield County, SC, 16456-16457 2011-6846 Meetings: ACRS Subcommittee on Advanced Boiling Water Reactor, 16458-16459 2011-6834 ACRS Subcommittee on U.S. Evolutionary Power Reactor, 16458 2011-6828 Advisory Committee on Reactor Safeguards, 16457-16458 2011-6838 Meetings; Sunshine Act, 16459 2011-6960 Prohibiting Exports Involving Libya by Executive Order, 16459-16460 2011-6891 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories;

Recognitions: TUV Rheinland PTL, LLC, 16452-16456 2011-6856 Postal Regulatory Postal Regulatory Commission NOTICES Mail Classification Change for Priority Mail Flat Mail, 16460 2011-6784 Parcel Select Price and Classification Changes, 16460-16461 2011-6797 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Poison Prevention Week (Proc. 8638), 16521-16524 2011-7057 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16461-16462 2011-6809 2011-6810 Orders of Suspension of Trading: Heli Electronics Corp., 16462 2011-6943 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 16468-16469 2011-6836 EDGX Exchange, Inc., 16466-16468 2011-6837 International Securities Exchange, LLC, 16464-16466 2011-6786 NASDAQ OMX BX LLC, 16462-16464 2011-6785 State Department State Department PROPOSED RULES Amendment to the International Traffic in Arms Regulations:

Exemption for Temporary Export of Chemical Agent Protective Gear, 16353-16354 2011-6850 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Union Pacific Railroad Co., Riverside and San Bernardino Counties, CA, 16474-16475 2011-6649 Discontinuances of Service Exemptions: Northern Lines Railway, LLC, Stearns County, MN, 16475 2011-6666 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

General Reporting and Recordkeeping by Savings Associations and Savings and Loan Holding Companies, 16477-16478 2011-6753 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Applications for Commuter Authority: Air Charter, Inc. d/b/a Air Flamenco, 16469 2011-6814 Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: E-Verify Program Data Collection, 16435 2011-6780 Civics and Citizenship Toolkit/Teacher Training Registration, 16436-16437 2011-6782 HRIFA Instructions for Form I-485, Supplement C, 16436 2011-6781 Veteran Affairs Veterans Affairs Department PROPOSED RULES Per Diem Payments for Care Provided to Eligible Veterans Evacuated from a State Home Due to Emergency, 16354-16358 2011-6737 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disability Benefits Questionnaires - Group 2, 16478-16479 2011-6759 Separate Parts In This Issue Part II Federal Communications Commission, 16482-16519 2011-6557 Part III Presidential Documents, 16521-16524 2011-7057 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. 76 56 Wednesday, March 23, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 212 [USCBP-2011-0007;

CBP Dec. 11-07] RIN 1651-AA81 Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program AGENCY: U.S. Customs and Border Protection, DHS. ACTION: Interim final rule; solicitation of comments. SUMMARY: This interim final rule amends Department of Homeland Security regulations to clarify that individuals holding British National (Overseas) (BN(O)) passports as a result of their connection to the Hong Kong Special Administrative Region (Hong Kong) are eligible for participation in the Guam-Commonwealth of the Northern Mariana Islands

(CNMI)Visa Waiver Program. The Guam-CNMI Visa Waiver Program allows certain nonimmigrant aliens to enter Guam and/or the CNMI as nonimmigrant visitors for business or pleasure without a visa for a period of authorized stay not to exceed forty-five days. This interim final rule provides that beginning May 23, 2011, individuals holding BN(O) passports as a result of their connection to Hong Kong and traveling to Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program on such BN(O) passport must present it and a Hong Kong identification card. DATES: *Effective Date:* The effective date of the rule is May 23, 2011. *Comment Date:* Comments must be received by May 23, 2011. ADDRESSES: Please submit comments, identified by docket number, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments via docket number USCBP-2011-0007. • *Mail:* Border Security Regulations Branch, Office of International Trade, U.S. Customs and Border Protection, Mint Annex, 799 9th Street, NW., Washington, DC 20229-1179. *Instructions:* All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov.* Comments submitted will be available for public inspection in accordance with the Freedom of Information Act (5 U.S.C. 552) and 19 CFR 103.11(b) on normal business days between the hours of 9 a.m. and 4:30 p.m. at the Border Security Regulations Branch, Office of International Trade, U.S. Customs and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at

(202)325-0118. FOR FURTHER INFORMATION CONTACT: Cheryl C. Peters, U.S. Customs and Border Protection, Office of Field Operations,

(202)344-1438. SUPPLEMENTARY INFORMATION: I. Public Comments Interested persons are invited to submit written comments on all aspects of this interim final rule. U.S. Customs and Border Protection

(CBP)also invites comments on the economic, environmental or federalism effects of this rule. We urge commenters to reference a specific portion of the rule, explain the reason for any recommended change, and include data, information, or authorities that support such recommended change. II. Background A. Guam-CNMI Visa Waiver Program Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, 122 Stat. 754, 854, subject to a transition period, extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands

(CNMI)and provides for a visa waiver program for travel to Guam and/or the CNMI. *See* sections 212 and 214 of the Immigration and Nationality Act (INA), as amended (8 U.S.C. 1182 and 1184). On January 16, 2009, the Department of Homeland Security (DHS), through CBP, issued an interim final rule in the **Federal Register** replacing the then-existing Guam Visa Waiver Program with the Guam-CNMI Visa Waiver Program and setting forth the requirements for nonimmigrant visitors seeking admission into Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program. *See* 74 FR 2824. The January 2009 rule provided that, beginning June 1, 2009, DHS would begin the administration and enforcement of the Guam-CNMI Visa Waiver Program. This program allows nonimmigrant visitors to seek admission for business or pleasure for entry into Guam and/or the CNMI without a visa for a period of authorized stay not to exceed forty-five days. On March 31, 2009, the Secretary of Homeland Security, after the necessary consultations, announced the delayed start of the transition period until November 28, 2009. On May 28, 2009, a technical amendment to the January 2009 rule was published, extending the implementation date of the Guam-CNMI Visa Waiver Program from June 1, 2009 to November 28, 2009. *See* 74 FR 25387. The January 2009 rule lists the countries and geographic areas from which otherwise eligible individuals may travel to Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program. Among those countries and geographic areas listed are Hong Kong and the United Kingdom. The January 2009 rule allows individuals possessing a Hong Kong Special Administrative Region

(SAR)passport and Hong Kong identification card as a result of their connection to Hong Kong to travel under the Guam-CNMI Visa Waiver Program. The January 2009 rule does not address the eligibility of individuals holding British National (Overseas) (BN(O)) passports as a result of their connection to Hong Kong for travel to Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program, and questions have arisen about their eligibility for travel under that program. B. British Nationals (Overseas) On July 1, 1997, sovereignty over Hong Kong reverted from the United Kingdom to the People's Republic of China, establishing Hong Kong as a Special Administrative Region of the People's Republic of China. In the years prior to the reversion, the United Kingdom created a new category of British nationality, British National (Overseas) (BN(O)). A person who was considered a British national by his or her connection with Hong Kong, as defined in the Hong Kong (British Nationality) Order 1986, was entitled to apply for BN(O) status, and to hold a passport in that status, by registration. BN(O) status is for life, but is not transferable, and registration ended in 1997. BN(O) passports, while British travel documents, do not confer the same rights as regular United Kingdom passports. BN(O) passports are issued to permanent residents of Hong Kong and do not confer the right of abode in the United Kingdom. C. The Amendment Under the Guam Visa Waiver Program, the predecessor to the current Guam-CNMI Visa Waiver Program, BN(O) passport holders were eligible to participate in the program as citizens of “the United Kingdom (including the citizens of the colony of Hong Kong).” 8 CFR 212.1(e)(3)(i). As a result of the reversion of sovereignty, Hong Kong and the United Kingdom are listed separately for the Guam-CNMI Visa Waiver Program. 8 CFR 212.1(q)(2)(ii). In light of the questions that have arisen regarding whether BN(O) passport holders qualify under the Guam-CNMI Visa Waiver Program in the absence of a specific reference in the regulation to BN(O) passport holders, CBP believes it is appropriate to amend the regulations to clarify this issue. The amended regulation explicitly allows Hong Kong individuals holding BN(O) passports as a result of their connection to Hong Kong to travel to Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program. This clarification is based on the political changes in Hong Kong, the idiosyncrasies of the law of the United Kingdom discussed above, and the status of BN(O) passport holders as permanent residents of Hong Kong. Like Hong Kong SAR passport holders, BN(O) passport holders must present a Hong Kong identification card to travel to Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program. In order to provide BN(O) passport holders sufficient time to become aware of and adjust to the Hong Kong identification card requirement for participation in the Guam-CNMI Visa Waiver Program, the effective date of the amended regulation is May 23, 2011. In addition, to provide further clarity in the regulation, DHS is relocating the existing regulatory requirements applicable to travelers from Taiwan under the Guam-CNMI Visa Waiver Program, from a parenthetical regarding Taiwan within the country list at 8 CFR 212.1(q)(2)(ii) in place since the January 2009 rule, to a new paragraph, 8 CFR 212.1(q)(2)(ii)(B). This new paragraph contains substantively identical text to the parenthetical in the January 2009 rule. The regulation continues to require that in order to participate in the program as a result of a connection to Taiwan, an individual must be a resident of Taiwan who begins his or her travel in Taiwan and who travels on direct flights from Taiwan to Guam or the CNMI without an intermediate layover or stop, except that the flights may stop in a territory of the United States en route. III. Statutory and Regulatory Requirements A. Administrative Procedure Act Section 702(b) of the CNRA directs that all regulations necessary to implement the Guam-CNMI Visa Waiver Program shall be considered a foreign affairs function for purposes of section 553(a) of the Administrative Procedure Act (APA). *See* section 212 of the INA, as amended (8 U.S.C. 1182(l)(3)). As was the case with the January 2009 rule that replaced the Guam Visa Waiver Program with the Guam-CNMI Visa Waiver Program, this interim final rule is exempt from the notice and comment and 30-day delayed effective date requirements of the APA. *See* 74 FR 2824. DHS is nevertheless providing the opportunity for public comments. Further, a 60-day delayed effective date is provided in order to allow BN(O) passport holders sufficient time to become aware of and adjust to the Hong Kong identification card requirement for participation in the Guam-CNMI Visa Waiver Program. B. Executive Order 12866 Section 3(d)(2) of Executive Order 12866 provides that the Executive Order does not apply to a regulation that involves a foreign affairs function of the United States, and thus it does not apply to this rule. Accordingly, the Office of Management and Budget has not reviewed this regulation under that Executive Order. C. Regulatory Flexibility Act Because this rule is being issued as an interim final rule on the foreign affairs function of the United States, as set forth above, a regulatory flexibility analysis is not required under the Regulatory Flexibility Act (5 U.S.C. 601-612). List of Subjects in 8 CFR Part 212 Administrative practice and procedure, Aliens, Immigration, Passports and visas, Reporting and recordkeeping requirements. Amendments to Regulations Part 212 of title 8 of the Code of Federal Regulations is amended as set forth below: PART 212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANT; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE 1. The authority citation for part 212 is revised to read as follows: Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255, 1359; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); 8 CFR part 2. Section 212.1(q) also issued under section 702, Public Law 110-229, 122 Stat. 754, 854. 2. Section 212.1(q)(2)(ii) is revised to read as follows: § 212.1 Documentary Requirements for Nonimmigrants.

(q)* * *

(2)* * *

(ii)*Eligible Countries and Geographic Areas.* Nationals of the following countries are eligible to participate in the Guam-CNMI Visa Waiver Program for purposes of admission to both Guam and the CNMI: Australia, Brunei, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, and the United Kingdom. Travelers with a connection to one of the following geographic areas—the Hong Kong Special Administrative Region (Hong Kong) or Taiwan—may also be eligible to participate in the Guam-CNMI Visa Waiver Program for purposes of admission to both Guam and the CNMI, *see* paragraphs (q)(2)(ii)(A) and (q)(2)(ii)(B) respectively.

(A)*Hong Kong Special Administrative Region (Hong Kong).* To be eligible to participate in the program as a result of a connection to Hong Kong, the following documentation is required: A Hong Kong Special Administrative Region

(SAR)passport with a Hong Kong identification card; or a British National (Overseas) (BN(O)) passport with a Hong Kong identification card.

(B)*Taiwan.* To be eligible to participate in the program as a result of a connection to Taiwan, one must be a resident of Taiwan who begins his or her travel in Taiwan and who travels on direct flights from Taiwan to Guam or the CNMI without an intermediate layover or stop, except that the flights may stop in a territory of the United States en route. Dated: March 16, 2011. Janet Napolitano, Secretary. [FR Doc. 2011-6555 Filed 3-22-11; 8:45 am]

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