Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-10-22.xml --- 77 204 Monday, October 22, 2012 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64462 2012-25967 Air Force Air Force Department NOTICES Application Under P.L. 95-202 and Department of Defense Directive

(DODD)1000.20, 64493 2012-25946 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Relief or Reduction in Royalty Rates, 64535-64538 2012-25971 Census Bureau Census Bureau NOTICES Annual Retail Trade Survey, 64463 2012-25909 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, Wrightsville Beach, NC, 64411 2012-25977 Safety Zones: Cooper T. Smith Fireworks Event; Mobile River; Mobile, AL, 64411-64414 2012-25981 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Conference on International Trade Issues Facing U.S. Machinery Manufacturing Industries, 64462-64463 2012-25930 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64595-64596 2012-25935 Copyright Office Copyright Office, Library of Congress NOTICES Orphan Works and Mass Digitization, 64555-64561 2012-25932 Defense Department Defense Department See Air Force Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Meetings: National Advisory Committee on Institutional Quality and Integrity, 64493-64494 2012-25917 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Southwestern Power Administration NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 64494-64495 2012-25907 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 64495 2012-25906 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Illinois; Greif Packaging, LLC Adjusted Standard, 64422-64425 2012-25819 United States Virgin Islands; Regional Haze Federal Implementation Plan, 64414-64422 2012-25806 Approvals and Promulgations of Implementation Plans: Alaska; Infrastructure Requirements for 1997 8-Hour Ozone National Ambient Air Quality Standard, 64425-64427 2012-25808 Revisions to State Implementation Plans: California; San Joaquin Valley Unified Air Pollution Control District, 64427-64430 2012-25810 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Illinois; Greif Packaging, LLC Adjusted Standard, 64445-64446 2012-25820 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Aluminum, Copper and Other Non-ferrous Metals Foundries, 64511-64512 2012-25922 NESHAP for Mercury, 64508-64509 2012-25918 NESHAP for Metal Furniture Surface Coating, 64510-64511 2012-25921 NSPS for Metal Furniture Coating, 64512-64513 2012-25919 Significant New Use Rules for Existing Chemicals, 64509-64510 2012-25920 Proposed Administrative Agreement for Collection of CERCLA Past Costs, 64513-64514 2012-25974 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bell Helicopter Textron Canada

(Bell)Model Helicopters, 64439-64441 2012-25899 Burkhart GROB Luft-und Raumfahrt GmbH Sailplanes, 64437-64439 2012-25891 PILATUS AIRCRAFT LTD. Airplanes, 64442-64444 2012-25901 Amendments of VOR Federal Airways: V-595, Oregon, 64444-64445 2012-25890 NOTICES Noise Exposure Maps: Van Nuys Airport, Van Nuys, CA, 64580-64581 2012-25888 Petition for Exemption; Summary of Petition Received, 64581-64582 2012-25951 2012-25955 Federal Communications Federal Communications Commission PROPOSED RULES Wireless Microphones Proceedings, 64446-64450 2012-25825 NOTICES Meetings; Sunshine Act, 64514-64515 2012-26036 2012-26037 2012-26060 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64595-64596 2012-25935 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64495-64496 2012-25817 Applications: Freedom Falls, LLC, 64496-64497 2012-25881 Wadsworth, OH, 64497-64498 2012-25812 Combined Filings, 64498-64502 2012-25798 2012-25799 2012-25800 2012-25884 2012-25885 2012-25886 2012-25889 Compliance Filings, 64502-64503 2012-25815 Effectiveness of Exempt Wholesale Generator Status, 64503 2012-25814 Environmental Assessments; Availability, etc.: Questar Pipeline Co. ML 41 Compression Project, 64503-64505 2012-25813 Preliminary Permt Applications: Archon Energy 1, Inc., 64505 2012-25880 Staff Attendances, 64505-64506 2012-25816 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualifications of Drivers; Exemption Applications: Diabetes Mellitus, 64585-64586 2012-25911 Vision, 64582-64584 2012-25912 2012-25913 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 64515 2012-25887 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: Magnesium Elektron, 64519-64521 2012-25960 Watson Pharmaceuticals, Inc.; Actavis Inc.; Actavis Pharma Holding 4 ehf.; and Actavis S.a.r.l., 64515-64519 2012-25957 Federal Transit Federal Transit Administration NOTICES Limitations on Claims against Proposed Public Transportation Projects, 64586-64587 2012-25910 Fish Fish and Wildlife Service NOTICES Draft Comprehensive Conservation Plans and Environmental Assessments; Availability, etc.: Tualatin River National Wildlife Refuge, Washington and Yamhill Counties, OR, 64538-64540 2012-25676 Environmental Assessments; Availabilty, etc.: Trinity River National Wildlife Refuge, Liberty County, TX; Final Comprehensive Conservation Plan, 64541-64543 2012-25942 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prescription Drug User Fee Cover Sheet, 64523-64524 2012-25898 Meetings: Arthritis Advisory Committee, 64524 2012-25878 Foreign Assets Foreign Assets Control Office RULES Iranian Transactions Regulations, 64664-64692 2012-25770 Foreign Trade Foreign-Trade Zones Board NOTICES Establishments of Foreign-Trade Zones under Alternative Site Framework: West Tennessee Area, 64463-64464 2012-25976 General Services General Services Administration RULES Federal Travel Regulation: Per Diem, Miscellaneous Amendments, 64430-64431 2012-25945 Government Ethics Government Ethics Office NOTICES Updated Senior Executive Service Performance Review Board, 64521 2012-25882 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Requirements and Registrations for Health Design Challenge, 64521-64523 2012-25954 Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Infant Mortality, 64524-64525 2012-25947 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection RULES Designation of Taiwan; Visa Waiver Program, 64409-64411 2012-25986 NOTICES Guidances; Availability: Protecting Responders' Health During First Week Following Wide-Area Aerosol Anthrax Attack, 64531-64532 2012-25983 Meetings: Homeland Security Advisory Council, 64532 2012-25985 Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 64464 2012-25883 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau NOTICES Meetings: Secretarial Commission on Indian Trust Administration and Reform, 64534-64535 2012-25916 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Solid Urea from Russian Federation, 64464-64465 2012-25973 Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Circular Welded Carbon-Quality Steel Pipe from India, 64468-64471 2012-25970 Circular Welded Carbon-Quality Steel Pipe from Sultanate of Oman, 64473-64475 2012-25949 Circular Welded Carbon-Quality Steel Pipe from the Socialist Republic of Vietnam, 64471-64473 2012-25956 Circular Welded Carbon-Quality Steel Pipe from United Arab Emirates, 64465-64468 2012-25966 Determinations of Sales at Less Than Fair Values: Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates, 64475-64478 2012-25972 Final Determinations of Sales at Less Than Fair Values: Circular Welded Carbon-Quality Steel Pipe from India, 64478-64480 2012-25959 Circular Welded Carbon-Quality Steel Pipe from Socialist Republic of Vietnam, 64483-64486 2012-25952 Circular Welded Carbon-Quality Steel Pipe from the Sultanate of Oman, 64480-64483 2012-25963 Renewable Energy Policy Business Roundtable in Japan, 64487-64488 2012-25940 International Trade Com International Trade Commission NOTICES Antidumping Duty and Countervailing Duty Investigations: Drawn Stainless Steel Sinks from China, 64545-64546 2012-25953 Investigations: Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing Same, 64546-64547 2012-25863 Justice Department Justice Department NOTICES Requests for United States Assumptions of Concurrent Federal Criminal Jurisdictions: Hoopa Valley Tribe, 64548-64549 2012-25895 Table Mountain Rancheria, 64547-64548 2012-25892 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Mount Hope Project, Eureka County, NV, 64543 C1--2012--25182 Filings of Plats of Surveys: California, 64543 2012-25950 New Mexico, 64543-64544 2012-25900 Legal Legal Services Corporation NOTICES Intent to Award -- Grant Awards for the Provision of Civil Legal Services to Eligible Low-Income Clients Beginning January 1, 2013, 64551-64555 2012-25948 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64587 2012-25903 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council Technology and Innovation Committee, 64561 2012-25926 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64595-64596 2012-25935 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: President's Committee on the Arts and the Humanities, 64561-64562 2012-25904 National Highway National Highway Traffic Safety Administration NOTICES Highway Safety Programs: Conforming Products List of Calibrating Units for Breath Alcohol Testers, 64588-64590 2012-25915 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 64527-64528 2012-25838 National Cancer Institute, 64526 2012-25837 National Eye Institute, 64525-64526 2012-25836 National Institute of Diabetes and Digestive and Kidney Diseases, 64526-64527 2012-25833 National Institute of Mental Health, 64527 2012-25831 National Institute on Aging, 64525 2012-25835 National Institute on Deafness and Other Communication Disorders, 64525 2012-25834 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery, 64488-64490 2012-25982 Meetings: National Climate Assessment and Development Advisory Committee, 64491-64492 2012-25958 2012-25961 New England Fishery Management Council, 64490-64491 2012-25874 2012-25875 North Pacific Fishery Management Council, 64490-64491 2012-25876 U.S. Navy Training in the Northwest Training Range Complex: Taking and Importing Marine Mammals, 64492-64493 2012-25980 National Park National Park Service NOTICES Minor Boundary Revision at Chickamauga and Chattanooga National Military Park, 64544 2012-25964 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Import of Non-U.S. Origin Radioactive Sources: Branch Technical Position, 64435-64437 2012-25924 NOTICES Draft Emergency Preparedness Frequently Asked Questions, 64562-64563 2012-25929 Meetings: Advisory Committee on Reactor Safeguards, 64563-64564 2012-25934 Advisory Committee on Reactor Safeguards Subcommittee on Regulatory Policies and Practices, 64563 2012-25923 Staff Guidances: Implementation of Regulatory Guide 1.221 on Design-Basis Hurricane and Hurricane Missiles, 64564-64565 2012-25927 Surveys: Revised Construction Reactor Oversight Process, 64565-64566 2012-25931 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: National Advisory Committee on Occupational Safety and Health, 64549-64551 2012-25938 Office of United States Trade Representative See Trade Representative, Office of United States Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Incorporation of Certain Special Permits and Competent Authorities into Regulations, 64450-64461 2012-25853 NOTICES Safety Advisories: Unauthorized Marking of Compressed Gas Cylinders, 64590-64591 2012-25870 Postal Regulatory Postal Regulatory Commission NOTICES Market Test of Experimental Product—Metro Post, 64566-64567 2012-25841 Product List Changes, 64567-64568 2012-25844 Postal Service Postal Service NOTICES Change in Rates and Classes of General Applicability for Competitive Products, 64600-64661 2012-25679 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act, Water Management Plans, 64544-64545 2012-25933 Securities Securities and Exchange Commission NOTICES Applications: Medley Capital Corporation, et al., 64568-64569 2012-25871 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange Inc., 64569-64571 2012-25864 NASDAQ OMX BX, Inc., 64573-64574 2012-25865 NASDAQ OMX PHLX LLC, 64574-64575 2012-25866 National Stock Exchange, Inc., 64571-64572 2012-25879 Southwestern Southwestern Power Administration NOTICES Rate Orders: Robert D. Willis Hydropower Rates, 64506-64508 2012-25905 State Department State Department NOTICES Meetings: Shipping Coordinating Committee, 64576 2012-25962 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64528-64531 2012-25868 2012-25869 Surface Transportation Surface Transportation Board RULES Civil Monetary Penalty Inflation Adjustment Rule, 64431-64434 2012-25773 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64591 2012-25818 Environmental Impact Statements; Availability, etc.: Rail Construction and Operation, Tongue River Railroad Co., Inc., Custer, Powder River and Rosebud Counties, MT, 64592-64595 2012-25944 Susquehanna Susquehanna River Basin Commission NOTICES Public Hearings, 64576-64578 2012-25914 Trade Representative Trade Representative, Office of United States NOTICES North American Free Trade Agreement: Invitation for Applications for Inclusion on the Chapter 19 Roster, 64578-64580 2012-25993 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Drivers License, 64533 2012-25936 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights, 64533-64534 2012-25897 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Income Verification, 64596-64597 2012-25872 Survey of Chronic Gastrointestinal Illness in Persian Gulf Veterans (Irritable Bowel Syndrome - Diarrhea), 64597-64598 2012-25873 Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 64598 2012-25807 Separate Parts In This Issue Part II Postal Service, 64600-64661 2012-25679 Part III Treasury Department, Foreign Assets Control Office, 64664-64692 2012-25770 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. 77 204 Monday, October 22, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 217 RIN 1601-AA67 Designation of Taiwan for the Visa Waiver Program AGENCY: Office of the Secretary, DHS. ACTION: Final rule. SUMMARY: Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries 1 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 October 2, 2012, the Secretary of Homeland Security, in consultation with the Secretary of State and with reference to the Taiwan Relations Act of 1979, designated Taiwan for participation in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Taiwan. 1 With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Public Law 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. 3303(b)(1). Accordingly, all references to “country” or “countries” in the Visa Waiver Program authorizing legislation, Section 217 of the Immigration and Nationality Act, 8 U.S.C. 1187, are read to include Taiwan. This is consistent with the United States' one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979. DATES: This final rule is effective on November 1, 2012. FOR FURTHER INFORMATION CONTACT: Gianfranco Corti, Department of Homeland Security, Visa Waiver Program Office,

(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 visitor visa refusals 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)the 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 current designated countries in the VWP include Andorra, Australia, Austria, Belgium, 2 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. 3 *See* 8 CFR 217.2(a). 2 After May 15, 2003, citizens of Belgium must present a machine-readable passport in order to be granted admission under the Visa Waiver Program. 3 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; 4 4 For countries designated as VWP countries prior to November 17, 2008, passports issued before October 26, 2006, need not contain the electronic chip that includes the biographic and biometric information of the passport holder provided the passports comply with International Civil Aviation Organization machine readable standards. *See* 8 U.S.C. 1732(c)(2).

(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). ESTA is an automated system that determines the eligibility of visitors to travel to the U.S. under the Visa Waiver Program. 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. B. Designation of Taiwan The Department of Homeland Security (DHS), in consultation with the Department of State, has evaluated Taiwan 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, Public Law 110-53 (9/11 Act). The Secretary has determined that Taiwan has satisfied the statutory requirements for initial VWP designation; therefore, the Secretary, in consultation with the Secretary of State and with reference to the Taiwan Relations Act of 1979 (Pub. L. 96-8), has designated Taiwan for participation in the VWP. 5 5 The Secretary of State nominated Taiwan for participation in the VWP on December 22, 2011. This final rule adds Taiwan to the list of countries authorized to participate in the VWP. Accordingly, beginning November 1, 2012, eligible travelers possessing Taiwan electronic passports with valid personal identification numbers (household registration numbers) 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. II. 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 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 conforming change to update the list of VWP countries. Notice and comment for this rule is unnecessary and contrary to the public interest, because the rule merely conforms the regulatory text to reflect the Secretary's designation of Taiwan as a VWP participant; it is technical in nature; and it 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. DHS is of the opinion that 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 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 and 13563 As discussed above, DHS is of the opinion that the subject of this rulemaking constitutes a foreign affairs function of the United States, and thus is exempt from the provisions of Executive Order 12866. The Department has nevertheless reviewed this rulemaking to ensure its consistency with the regulatory philosophy and principles set forth in Executive Orders 12866 and 13563. DHS does not consider this final rule to be a “significant regulatory action” under Executive Order 12866, Sec. 3(f), *Regulatory Planning and Review,* and Executive Order 13563. DHS plans to issue a final rule on the Electronic System for Travel Authorization

(ESTA)and that final rule will respond to public comments received on the interim final rules related to ESTA. The final rule's economic analysis will address the costs and benefits associated with the ESTA program, including the addition of Taiwan to the VWP. The VWP offers numerous security and economic benefits to the United States by promoting legitimate travel while enhancing security standards and information sharing with international partners. 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. G. Paperwork Reduction Act The Department of Homeland Security is modifying OMB Control Number 1651-0111, Arrival and Departure Record, to allow eligible Taiwan passport holders to use the Electronic System for Travel Authorization

(ESTA)to apply for authorization to travel under the VWP prior to departing for the United States. CBP uses the information to assist in determining if an applicant is eligible for travel under the VWP. The Department is requesting emergency processing of this change to 1651-0111 as the information is essential to the mission of the agency and is needed prior to the expiration of time periods established under the PRA. Because of the designation of Taiwan for participation in the VWP, the Department is requesting OMB approval of this information collection in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The addition of Taiwan to the Visa Waiver Program will result in an estimated annual increase to information collection 1651-0111 of 240,000 responses and 60,000 burden hours. The total burden hours for ESTA, including Taiwan, is as follows: *Estimated annual reporting burden:* 4,785,000 hours. *Estimated number of respondents:* 19,140,000 respondents. *Estimated average annual burden per respondent:* 15 minutes. 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 § 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, Taiwan, 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. Taiwan (designated consistent with the Taiwan Relations Act of 1979, Pub. L. 96-8 and the United States' one-China policy) refers only to individuals who have unrestricted right of permanent abode on Taiwan and are in possession of an electronic passport bearing a personal identification (household registration) number. Janet Napolitano, Secretary. [FR Doc. 2012-25986 Filed 10-19-12; 8:45 am]

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