Unknown. Final rule; technical amendment

4,574 words·~21 min read·/register/2021/09/30/2021-21136

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-2021-09-30.xml --- 86 187 Thursday, September 30, 2021 Contents Agriculture Agriculture Department See Commodity Credit Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54149 2021-21310 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Explosives License/Permit Renewal Application, 54242-54243 2021-21217 Firearms Disabilities for Nonimmigrant Aliens, 54241 2021-21216 Licensed Firearms Manufacturers Records of Production, Disposition, and Supporting Data, 54241-54242 2021-21215 Records of Acquisition and Disposition, Registered Importers of Arms, Ammunition and Defense Articles on the United States Munitions Import List, 54243 2021-21214 Report of Firearms Transactions—Demand 2, 54243-54244 2021-21307 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program:

Adjustment to the Amount in Controversy Threshold Amounts for Calendar Year 2022, 54198-54199 2021-21288 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mental Health Care Services for Unaccompanied Children, 54199-54200 2021-21280 Release of Unaccompanied Children from Office of Refugee Resettlement Custody, 54200-54202 2021-21281 Services Provided to Unaccompanied Children, 54202-54205 2021-21282 Coast Guard Coast Guard RULES Safety Zone:

Key West Paddle Classic, Key West, FL, 54072-54074 2021-21272 Ocean Cup, Pacific Rum Run, Catalina Island, CA, 54075-54077 2021-21163 Pacific Airshow Huntington Beach, CA, 54077-54079 2021-21161 Pier 27 Fireworks Display, San Francisco, CA, 54079-54081 2021-21098 Rio Vista Bass Derby Fireworks, Sacramento River, Rio Vista, CA, 54074-54075 2021-21251 Security Zone: Corpus Christi Ship Channel, Corpus Christi, TX, 54070-54072 2021-21294 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Limitations of Duty- and Quota-Free Imports of Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries from Regional and Third-Country Fabric, 54152 2021-21314 Commodity Credit Commodity Credit Corporation NOTICES Climate-Smart Agriculture and Forestry Partnership Program, 54149-54152 2021-21368 Consumer Product Consumer Product Safety Commission NOTICES Meetings:

Prehearing Conference, 54171 2021-21224 Education Department Education Department NOTICES Privacy Act; System of Records, 54171-54178 2021-21283 Employment and Training Employment and Training Administration NOTICES Tribal Consultation; Workforce Innovation and Opportunity Act: Implementation of the Effectiveness in Serving Employers Performance Indicator, 54244 2021-21234 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Missouri; Air Quality Implementation Plans; Revisions to St. Louis 1997 PM2.5 Maintenance Plan, 54106-54107 2021-20972 Missouri; Restriction of Emissions From Batch-Type Charcoal Kilns, 54100-54102 2021-21033 Missouri; Restriction of Particulate Matter Emissions from Fuel Burning Equipment Used for Indirect Heating, 54102-54104 2021-21148 Missouri; Revisions to St. Louis 2008 8-Hour Ozone Maintenance Plan, 54098-54100 2021-20974 South Carolina; Updates to Ambient Air Quality Standards, 54104-54106 2021-21047 Approval of State Underground Storage Tank Program Revisions:

Nevada, 54107-54111 2021-20859 PROPOSED RULES Approval of State Underground Storage Tank Program Revisions: Nevada, 54143-54144 2021-20860 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fuel Use Requirements for Great Lake Steamships, 54185 2021-21287 National Volatile Organic Compound Emission Standards for Aerosol Coatings, 54185-54186 2021-21286 Meetings: Hazardous Waste Electronic Manifest System (e-Manifest), 54188-54190 2021-21231 Supplement to the 2019 Integrated Science Assessment for Particulate Matter, 54186-54188 2021-20504 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Newton, KS, 54042-54043 2021-21245 Salem, MO, 54043-54044 2021-21246 Airworthiness Directives: Airbus Helicopters, 54035-54037 2021-21117 DG Flugzeugbau GmbH Gliders, 54037-54039 2021-21095 Helicopteres Guimbal Helicopters, 54039-54041 2021-21116 RUAG Aerospace Services GmbH (Type Certificate Previously Held by Dornier Luftfahrt GmbH) Airplanes, 54032-54035 2021-21097 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 54139-54142 2021-21199 Airbus SAS Airplanes, 54136-54139 2021-20804 Arrow Falcon Exporters, Inc.

(previously Utah State University); California Department of Forestry; Firefly Aviation Helicopter Services (previously Erickson Air-Crane Co.); et al., 54135-54136 2021-21050 Goodrich Externally-Mounted Hoist Assemblies, 54129-54135 2021-21076 Honda Aircraft Company, LLC Airplanes, 54126-54128 2021-21104 Leonardo S.p.a. Helicopters, 54124-54126 2021-21102 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: License Requirements for Operation of a Launch Site, 54280-54281 2021-21279 Release from Federal Grant Assurance Obligations:

Hayfork Airport, Hayfork, Trinity County, CA, 54281 2021-21327 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Fort Bragg, CA, 54144-54145 2021-20636 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54190-54194 2021-21260 2021-21262 2021-21271 Meetings, 54194-54195 2021-21258 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receivership, 54195-54196 2021-21263 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 54179-54180 2021-21298 Environmental Assessments;

Availability, etc.: Idaho Irrigation District; New Sweden Irrigation District, 54181-54182 2021-21267 Environmental Impact Statements; Availability, etc.: Commonwealth LNG, LLC, 54182-54185 2021-21268 Tennessee Gas Pipeline Co., LLC; East 300 Upgrade Project, 54178-54179 2021-21265 Meetings: Reliability Technical Conference, 54179 2021-21266 Petition for Declaratory Order: Transcontinental Gas Pipe Line Co., LLC, 54178 2021-21264 Request under Blanket Authorization: Texas Eastern Transmission, LP, 54180-54181 2021-21269 Federal Highway Federal Highway Administration NOTICES Buy America Waiver Notification, 54281-54283 2021-21293 Federal Mediation Federal Mediation and Conciliation Service NOTICES Senior Executive Service Performance Review Board, 54196 2021-21205 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers, 54283-54285 2021-21195 Hours of Service of Drivers; Parts and Accessories; Exemption Applications: Cleveland-Cliffs Steel, LLC, formerly known as ArcelorMittal Indiana Harbor, LLC, 54285-54287 2021-21233 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removal of 23 Extinct Species from the Lists of Endangered and Threatened Wildlife and Plants, 54298-54338 2021-21219 Removing the Braken Bat Cave Meshweaver from the List of Endangered and Threatened Wildlife, 54145-54148 2021-20911 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: ArcGIS Online Platform, 54230-54231 2021-21278 Food and Drug Food and Drug Administration NOTICES Fee Rate for Using a Material Threat Medical Countermeasure Priority Review Voucher in Fiscal Year 2022, 54215-54217 2021-21317 Fee Rate for Using a Rare Pediatric Disease Priority Review Voucher in Fiscal Year 2022, 54217-54219 2021-21329 Fee Rate for Using a Tropical Disease Priority Review Voucher in Fiscal Year 2022, 54213-54215 2021-21328 Guidance:

Benefit-Risk Assessment for New Drug and Biological Products, 54211-54213 2021-21194 Interpreting Sameness of Gene Therapy Products Under the Orphan Drug Regulations, 54206-54207 2021-21324 Investigator Responsibilities—Safety Reporting for Investigational Drugs and Devices, 54208-54210 2021-21316 Microbiological Quality Considerations in Non-Sterile Drug Manufacturing, 54210-54211 2021-21222 Real-World Data: Assessing Electronic Health Records and Medical Claims Data to Support Regulatory Decision-Making for Drug and Biological Products, 54219-54221 2021-21315 Studying Multiple Versions of a Cellular or Gene Therapy Product in an Early Phase Clinical Trial, 54207-54208 2021-21322 Issuance of Priority Review Voucher;

Rare Pediatric Disease Product, 54219 2021-21311 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Contract Administration, Quality Assurance, 54196-54197 2021-21273 Acquisition Regulation; Solicitation Provisions and Contract Clauses; Placement of Orders Clause; and Ordering Information Clause, 54197 2021-21274 General Services Administration Acquisition Regulation;

Environmental Conservation, Occupational Safety, and Drug-Free Workplace, 54197-54198 2021-21270 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Presidential Advisory Council on HIV/AIDS, 54223-54224 2021-21275 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Community-Based Outreach Reporting Module, 54221-54223 2021-21207 Charter Renewal: Advisory Committee on Infant and Maternal Mortality, 54221 2021-21277 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection RULES Designation of Croatia for the Visa Waiver Program, 54029-54031 2021-21136 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Protection and Enhancement of Environmental Quality, 54229-54230 2021-21434 Interior Interior Department See Fish and Wildlife Service See Ocean Energy Management Bureau See Office of Natural Resources Revenue See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp from India, 54156-54157 2021-21256 Thermal Paper from Germany, 54152-54154 2021-21301 Thermal Paper from Japan, 54157-54159 2021-21302 Thermal Paper from Spain, 54162-54164 2021-21304 Thermal Paper from the Republic of Korea, 54154-54156 2021-21303 Certain Fall 2021 Scheduled Trade Missions, 54159-54162 2021-21230 Determination of Sales at Less Than Fair Value:

Certain Mobile Access Equipment and Subassemblies Thereof from the People's Republic of China, 54164-54167 2021-21257 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Tissue Paper from China, 54238-54239 2021-21305 Complaint: Certain Composite Baseball and Softball Bats and Components Thereof, 54239-54240 2021-21313 Certain Tunable Lenses and Products Containing the Same, 54240-54241 2021-21312 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Advisory Opinion Procedure, 54246-54247 2021-21235 Annual Information Return/Report of Employee Benefit Plan, 54244-54245 2021-21237 Blackout Period Notice, 54248 2021-21239 Participant Assistance Program Customer Survey, 54245-54246 2021-21240 Registration for EFAST-2 Credentials, 54247 2021-21238 Technical Release, 54246 2021-21236 NASA National Aeronautics and Space Administration NOTICES Meetings: Astrophysics Advisory Committee, 54248-54249 2021-21296 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

Arts Advisory Panel, 54249-54250 2021-21259 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Incident Reporting for Automated Driving Systems and Level 2 Advanced Driver Assistance Systems, 54287-54291 2021-21203 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Cybersecurity Center of Excellence Participant Letter(s) of Interest, 54168-54169 2021-21243 National Voluntary Laboratory Accreditation Program Information Collection System, 54167-54168 2021-21285 National Institute National Institutes of Health NOTICES Meetings: Clinical Center, 54225 2021-21204 Request for Information: Research Opportunities and Operational Activities Related to the Strategic Plan to Advance Research on the Health and Well-being of Sexual and Gender Minorities, Fiscal Years 2021-2025, 54224-54225 2021-21319 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 54170-54171 2021-21332 Pacific Fishery Management Council, 54169 2021-21330 2021-21331 South Atlantic Fishery Management Council, 54170 2021-21333 National Science National Science Foundation RULES Conservation of Antarctic Animals and Plants; Correction, 54111 2021-21079 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54250-54252 2021-21254 2021-21326 Antarctic Conservation Act Permits, 54251, 54253 2021-21201 2021-21202 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

NAC International NAC-UMS Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 8, 54031 2021-21063 NOTICES Guidance: Acceptability of American Society of Mechanical Engineers Code Section XI, Division 2, Requirements for Reliability and Integrity Management Programs for Nuclear Power Plants, for Non-Light Water Reactors, 54253-54254 2021-21295 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.:

Atlantic Shores Offshore Wind Projects Offshore New Jersey, 54231-54235 2021-21300 Natural Resources Office of Natural Resources Revenue RULES 2020 Valuation Reform and Civil Penalty Rule; Withdrawal, 54045-54070 2021-20979 Postal Service Postal Service PROPOSED RULES Periodicals Pending Authorization Postage, 54142-54143 2021-21078 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Voter Registration Day (Proc. 10265), 54027-54028 2021-21449 Securities Securities and Exchange Commission NOTICES Application:

Deregistration under the Investment Company Act, 54254-54255 2021-21206 Optimum Fund Trust, et al, 54267-54269 2021-21321 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 54269-54275 2021-21211 Nasdaq BX, Inc., 54259-54262 2021-21210 NYSE Arca, Inc., 54257-54259 2021-21209 The Nasdaq Stock Market, LLC, 54255-54257, 54262-54267 2021-21208 2021-21212 Small Business Small Business Administration NOTICES Disaster Declaration: Florida, 54276 2021-21248 Georgia, 54276 2021-21247 Major Disaster Declaration:

California, 54277 2021-21320 Michigan; Amendment No. 2, 54277 2021-21323 Pennsylvania; Amendment 1, 54276 2021-21325 Surrender of License of Small Business Investment Company, 54275, 54277 2021-21297 2021-21299 Social Social Security Administration NOTICES Senior Executive Service Performance Review Board Membership, 54277-54278 2021-21200 State Department State Department RULES International Traffic in Arms Regulations: Temporary Update to Republic of Cyprus Country Policy; Extension of Effective Period, 54044-54045 2021-21255 NOTICES Delegation of Authority:

Sudan Claims Resolution Letters, 54278 2021-21318 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, 54237-54238 2021-21289 Nomination and Request for Payment Form for OSMRE's National Technical Training Courses, 54236-54237 2021-21292 Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information, 54235-54236 2021-21291 Requirements for Permits and Permit Processing, 54236 2021-21290 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemption:

Ohio Rail Development Commission; City of Jackson, OH, 54278-54279 2021-21196 Exemption with Interchange Commitment: Lease and Operation; RJ Corman Railroad Co./Tennessee Terminal, LLC; BNSF Railway Co., 54278 2021-21250 Trade Representative Trade Representative, Office of United States NOTICES Hearing: Safeguard Action on Imports of Certain Crystalline Silicon Photovoltaic Cells; Extension Review, 54279-54280 2021-21261 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Platform Lift Systems for Motor Vehicles; Platform Lift Installations in Motor Vehicles, 54294-54296 2021-21198 Petition: Exemption from the Federal Motor Vehicle Theft Prevention Standard; Nissan North America, Inc., 54291-54294 2021-21197 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crew Member Self-Defense Training; Registration and Evaluation, 54228-54229 2021-21220 Law Enforcement Reimbursement Request, 54227-54228 2021-21218 Security Programs for Foreign Air Carriers, 54227 2021-21284 Customs U.S.

Customs and Border Protection NOTICES Mexico Textile and Apparel Imports Approved for the Electronic Certification System (eCERT), 54225-54226 2021-21229 Veteran Affairs Veterans Affairs Department RULES Acquisition Regulation: Competition Requirements, 54111-54117 2021-20926 Simplified Procedures for Health-Care Resources, 54117-54123 2021-20922 Schedule for Rating Disabilities: The Cardiovascular System, 54089-54098 2021-19998 The Genitourinary Diseases and Conditions, 54081-54089 2021-19997 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 54298-54338 2021-21219 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 187 Thursday, September 30, 2021 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 217 RIN 1601-AA94 Designation of Croatia for the Visa Waiver Program AGENCY: Office of the Secretary; Department of Homeland Security (DHS).

ACTION: Final rule; technical amendment. SUMMARY: Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens 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 September 28, 2021, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Croatia as a country that is eligible to participate in the Visa Waiver Program.

Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Croatia. DATES: This final rule is effective on December 1, 2021. FOR FURTHER INFORMATION CONTACT: Eric Peters, Department of Homeland Security, Visa Waiver Program Office,

(202)790-5207. 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 1 if certain requirements are met. Those requirements include:

(1)A U.S. Government determination that the country meets the applicable statutory requirement with respect to nonimmigrant visitor visa refusals for nationals of the country;

(2)a U.S. Government determination that the country extends or agrees to extend reciprocal privileges to citizens and nationals of the United States;

(3)an official certification that it issues machine-readable, electronic passports that comply with internationally accepted standards;

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

(5)an agreement with the United States to report, or make available through other designated means, to the U.S. Government information about the theft or loss of passports;

(6)a U.S. Government determination that the government accepts for repatriation any citizen, former citizen, or national not later than three weeks after the issuance of a final executable order of removal; and

(7)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. 1 All references to “country” or “countries” in the laws authorizing the Visa Waiver Program are read to include Taiwan. *See* Taiwan Relations Act of 1979, Public Law 96-8, section 4(b)(1) (codified at 22 U.S.C. 3303(b)(1)) (providing 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”). This is consistent with the United States' one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979. The Immigration and National Act

(INA)also sets forth requirements for continued eligibility and, where appropriate, probation and/or termination of program countries. Prior to this final rule, the designated countries in the VWP were Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, 2 and the United Kingdom. 3 *See* 8 CFR 217.2(a). 2 Taiwan 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. 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, any person who is not a citizen or national of the United States (hereinafter a “noncitizen”) must satisfy the following:

(1)Be seeking admission as a nonimmigrant visitor for business or pleasure for ninety days or less;

(2)be a national of a program country;

(3)present a machine-readable, electronic passport issued by a designated VWP participant country to the air or vessel carrier before departure;

(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 any previous admission under the VWP;

(8)possess a round-trip ticket, unless exempted by statute or federal regulation;

(9)the identity of the noncitizen has been checked to uncover any grounds on which the noncitizen may be inadmissible to the United States, and no such ground has been found;

(10)certain aircraft operators, as provided by statute and regulation, must electronically transmit information about the noncitizen passenger;

(11)obtain an approved travel authorization via the Electronic System for Travel Authorization (ESTA). For more information about the ESTA, please see 8 CFR 217.5 (regulation effective July 8, 2015), 80 FR 32267 (June 8, 2015), 75 FR 47701 (Aug. 9, 2010);

(12)has not been present, at any time on or after March 1, 2011 in Iraq, Syria, countries designated by the Secretary of State, or countries designated by the Secretary of the Department of Homeland Security, during the period of those countries' designations, in accordance with 8 U.S.C. 1187(a)(12)(D), subject to statutorily delineated exemptions or a waiver authorized by the Secretary; and

(13)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. *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 Croatia The Department of Homeland Security, in consultation with the Department of State, has evaluated Croatia 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. The Secretary has determined that Croatia has satisfied the statutory requirements for initial VWP designation; therefore, the Secretary, in consultation with the Secretary of State, has designated Croatia as a program country. 4 4 The Secretary of State nominated Croatia for participation in the VWP on August 2, 2021. This final rule adds Croatia to the list of countries authorized to participate in the VWP. Accordingly, beginning December 1, 2021, eligible citizens and nationals of Croatia may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for business or pleasure for a period of ninety days or less 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 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 section 217(c) of the INA, 8 U.S.C. 1187(c). This amendment is a technical change to merely update the list of VWP countries. Therefore, notice and comment for this rule is 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. 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 noncitizen 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 noncitizens 5 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. 5 As used in this final rule, the term “noncitizen” means any person not a citizen or national of the United States. *See* 8 U.S.C. 1101(a)(3). 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. G. Paperwork Reduction Act The Department of Homeland Security is modifying the Office of Management and Budget

(OMB)Control Number 1651-0111, Arrival and Departure Record, to allow eligible Croatia passport holders to use an ESTA to apply for authorization to travel under the VWP prior to departing for the United States. U.S. Customs and Border Protection

(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 Paperwork Reduction Act of 1995 (PRA). Because of the designation of Croatia for participation in the VWP, the Department is requesting OMB approval of this information collection in accordance with the PRA (44 U.S.C. 3507). The addition of Croatia to the VWP will result in an estimated annual increase to information collection 1651-0111 of 30,000 responses and 7,500 burden hours. The total burden hours for ESTA, including Croatia, is as follows: *Estimated annual reporting burden:* 3,750,000 hours. *Estimated number of respondents:* 15,000,000 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 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(a), the definition of “Designated country” is revised to read as follows: § 217.2 Eligibility.

(a)* * * *Designated country* refers to Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, 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. Taiwan 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. Alejandro N. Mayorkas, Secretary. [FR Doc. 2021-21136 Filed 9-29-21; 8:45 am]

Connectionstraces to 11

Traces to 11 documents

U.S. Code