Unknown. Final rule; technical amendment
4,225 words·~19 min read·
/register/2024/09/26/2024-22050·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-2024-09-26.xml --- 89 187 Thursday, September 26, 2024 Contents Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78841-78842 2024-22051 2024-22071 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Blockchain Security Standards Council, Inc., 78902 2024-22073 Countering Weapons of Mass Destruction, 78903-78904 2024-22059 Decentralized Storage Alliance Association, 78904 2024-22055 Defense Electronics Consortium, 78901-78902 2024-22056 Integrated Photonics Institute for Manufacturing Innovation Operating Under the Name of the American Institute for Manufacturing Integrated Photonics, 78903 2024-22057 Maritime Sustainment and Technology Innovation Consortium, 78904 2024-22075 Medical CBRN Defense Consortium, 78901 2024-22068 Naval Surface Technology and Innovation Consortium, 78901 2024-22074 Resilient Infrastructure and Secure Energy Consortium, 78900 2024-22070 Senior Healthcare Innovation Consortium, 78902 2024-22090 The Customer Experience Hub, 78902-78903 2024-22069 The Institute of Electrical and Electronics Engineers, Inc., 78902 2024-22058 UHD Alliance, 78904-78905 2024-22077 Undersea Technology Innovation Consortium, 78900 2024-22079 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 78874-78875 2024-21981 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program, 79020-79085 2024-21254 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78875-78876 2024-21978 2024-21982 Coast Guard Coast Guard RULES Drawbridge Operations: Milwaukee, Menomonee, and Kinnikinnic Rivers, and South Menomonee and Burnham Canals, 78818-78819 2024-21971 Safety Zone:
Commencement Bay, WA, 78819-78821 2024-22016 Lake Washington, WA, 78821-78823 2024-22017 Special Local Regulation: San Jacinto River, Houston, TX, 78815-78817 2024-22015 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78883-78884 2024-22094 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Open Government Plan, 78844-78845 2024-21731 Commodity Futures Commodity Futures Trading Commission RULES Commodity Pool Operators, Commodity Trading Advisors, and Commodity Pools:
Qualified Eligible Person Definition, Minimum Disclosure Requirements for Pools and Trading Programs, Permitting Monthly Account Statements for Funds of Funds, 78793-78815 2024-21682 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Program Performance Report, 78878-78879 2024-22036 Formula Grant Programs, 78877-78878 2024-22034 Single-Source Supplement Award: Alternatives to Guardianship Youth Resource Center Cooperative Agreement, 78876-78877 2024-22035 Co-Occurring Resource Center for Individuals with Intellectual and/or Developmental Disabilities, 78879-78880 2024-22037 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:
Assuring Integrity of Overseas Fuel Supplies, 78997-78999 2024-21093 Data Universal Numbering System to Unique Entity Identifier Transition, 79001-79002 2024-21095 Modification of Notification of Intent to Transport Supplies by Sea, 78990-78992 2024-21091 Modification of Prize Authority for Advanced Technology Achievements, 79000-79001 2024-21094 Preference for United States Vessels in Transporting Supplies by Sea, 78992-78996 2024-21092 Technical Amendments, 79002 2024-21096 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:
Department of Defense Cost or Pricing Data Requirements, 79005-79013 2024-21098 Preventing Conflicts of Interest for Certain Consulting Services, 79013-79017 2024-21099 Public Access to Results of Federally Funded Research, 79003-79005 2024-21097 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multi-Purpose Financial Information Statement, 78851-78852 2024-22109 Employment and Training Employment and Training Administration NOTICES Hearings, Meetings, Proceedings, etc.:
Workforce Information Advisory Council, 78905-78906 2024-22101 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Golden Pass LNG Terminal LLC, 78852-78854 2024-22053 Privacy Act; Systems of Records, 78854-78858 2024-22084 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Bayou Lafourche and Lafourche-Jump Waterway, Louisiana, Navigation Channel Project in Lafourche Parish;
Withdrawal, 78851 2024-22030 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Michigan; St. Clair 2010 Sulfur Dioxide Nonattainment Area, Determination of Attainment by the Attainment Date, 78837-78840 2024-21895 NOTICES Hearings, Meetings, Proceedings, etc.: Science Advisory Board Scientific and Technological Achievement Awards Panel, 78868 2024-22032 White House Environmental Justice Advisory Council, 78870-78871 2024-21986 Risk Evaluations for Chemical Substances, 78868-78870 2024-22061 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Bell Textron Inc. and Various Restricted Category Helicopters, 78791-78793 2024-22095 Robinson Helicopter Company Helicopters, 78785-78791 2024-21921 PROPOSED RULES Airspace Designations and Reporting Points: Auburn, AL, 78832-78834 2024-22006 Brevard, NC, 78831-78832 2024-21935 Victoria, TX, 78834-78835 2024-21892 Airworthiness Directives: Airbus SAS Airplanes, 78826-78827 2024-21812 The Boeing Company Airplanes, 78827-78831 2024-21689 Federal Communications Federal Communications Commission RULES Location-Based Routing for Wireless 911 Calls, 78823-78825 2024-21955 PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding;
Correction, 78840 2024-21968 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78871-78873 2024-22097 2024-22098 Federal Deposit Federal Deposit Insurance Corporation NOTICES Hearings, Meetings, Proceedings, etc.: Systemic Resolution Advisory Committee, 78873 2024-22085 Federal Election Federal Election Commission RULES Fraudulent Misrepresentation of Campaign Authority, 78785 2024-21983 PROPOSED RULES Artificial Intelligence in Campaign Ads, 78826 2024-21979 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 78886-78894 2024-22065 2024-22066 2024-22067 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 78863-78864 2024-22091 Application: Eagle Creek Schoolfield, LLC, City of Danville, 78860-78861 2024-21994 Combined Filings, 78862-78863, 78865-78868 2024-21991 2024-21992 2024-22087 2024-22088 Electronic Tariff Filings: Revised Type of Filing and Validation Error Codes for Testing, 78864-78865 2024-22083 Environmental Assessments; Availability, etc.: Pacific Gas and Electric Co., 78861 2024-22082 Texas Gas Transmission, LLC and Gulf South Pipeline Co., LLC;
Eunice Reliability and Lake Charles Supply Project, 78858 2024-22080 Tower Kleber LP, 78861-78862 2024-22092 Hearings, Meetings, Proceedings, etc.: Vector Pipeline LP, 78859 2024-21998 Request under Blanket Authorization: Panhandle Eastern Pipe Line Co., LP, 78865-78866 2024-21993 Tribal Consultation: Alliance for Tribal Clean Energy, 78859-78860 2024-21997 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Denton and Collin Counties, TX, 78969-78971 2024-22011 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application:
Qualification of Drivers; Epilepsy and Seizure Disorders, 78973-78975 2024-21999 Qualification of Drivers; Hearing, 78971-78973 2024-21990 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 78873-78874 2024-22107 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pollinator Conservation Social Network Analysis Survey, 78894-78895 2024-22043 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petition:
PHM Brands; Withdrawal, 78836-78837 2024-21934 NOTICES Patent Extension Regulatory Review Period: Ogsiveo, 78880-78882 2024-22105 Foreign Assets Foreign Assets Control Office RULES Global Magnitsky Sanctions Regulations Web General License 8, 78815 2024-21925 NOTICES Sanctions Action, 78975-78985 2024-21975 2024-22111 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: J.J.C. International Distributors LLC dba Clar Co., Foreign-Trade Zone 32, Miami, FL, 78845-78846 2024-21970 Proposed Production Activity:
Merck, Sharp and Dohme LLC, Foreign-Trade Zone 49, Rahway, NJ, 78845 2024-22102 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Eldorado and Stanislaus National Forests, CA, Mokelumne Amador Calaveras Forest Resilience Project, 78842-78844 2024-22038 Proposed Recreation Fee Sites, 78842 2024-22007 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Awards Unsolicited Proposal, 78882 2024-22029 Hearings, Meetings, Proceedings, etc.: 2025 Dietary Guidelines Advisory Committee;
Scientific Report, 78883 2024-22048 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Designation of Qatar for the Visa Waiver Program, 78783-78785 2024-22050 Industry Industry and Security Bureau PROPOSED RULES End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Uses and End Users, 78835-78836 2024-22146 Export Administration Regulations:
Crime Controls and Expansion/Update of United States Persons Controls; Extension of Comment Period, 78836 2024-22145 Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles, 79088-79123 2024-21903 NOTICES Denial of Export Privileges: UTair Aviation JSC, 78846-78848 2024-21947 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 78985-78986 2024-22044 2024-22045 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Tungsten Shot from People's Republic of China, 78848-78849 2024-21972 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Crystalline Silicon Photovoltaic Cells and Modules from China, 78900 2024-21988 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Requests for Nominations:
Alaska Resource Advisory Council, 78895-78896 2024-21954 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Clinical Center, 78883 2024-21989 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod by Catcher Vessels Greater Than or Equal to 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska, 78825 2024-22112 NOTICES Hearings, Meetings, Proceedings, etc.:
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 78850-78851 2024-22103 Gulf of Mexico Fishery Management Council, 78849 2024-22104 National Integrated Drought Information System Executive Council, 78849-78850 2024-22042 National Science National Science Foundation NOTICES Request for Information: National Plan for Cyber-Physical Systems Resilience, 78915-78916 2024-22005 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 78916 2024-22183 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance:
Contamination Control, Radiological Survey, and Dose Modeling Considerations to Support License Termination at Sites with Environmental Discrete Radioactive Particle Contamination, 78917-78918 2024-22003 Hearings, Meetings, Proceedings, etc.: Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act, 78916-78917 2024-22052 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Grant of Permanent Variance: Ballard Marine Construction Lower Olentangy Tunnel Project, 78906-78915 2024-22002 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Historical Pension Plan Tracing Service Intake Information, 78918-78919 2024-22110 Reclamation Reclamation Bureau NOTICES Privacy Act; Systems of Records, 78896-78900 2024-22108 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78919-78920, 78929 2024-22014 2024-22047 Joint Industry Plan: Consolidated Equity Market Data, 78950 2024-22001 Self-Regulatory Organizations;
Proposed Rule Changes: Cboe Exchange, Inc., 78950-78955 2024-22026 Financial Industry Regulatory Authority, Inc., 78930-78942 2024-22027 MIAX PEARL, LLC, 78920-78926 2024-22025 Municipal Securities Rulemaking Board, 78955-78967 2024-22028 Nasdaq ISE, LLC, 78928-78929, 78942-78947 2024-22019 2024-22024 Nasdaq PHLX LLC, 78928 2024-22021 New York Stock Exchange LLC, 78926-78928, 78949-78950 2024-22022 2024-22023 NYSE Arca, Inc., 78948-78949 2024-22020 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.:
International Information and Communications Policy Division Stakeholder Briefing, 78967 2024-21987 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 78967 2024-21985 Susquehanna Susquehanna River Basin Commission NOTICES Hearings, Meetings, Proceedings, etc.: Actions Taken, 78968-78969 2024-21698 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration NOTICES Hearings, Meetings, Proceedings, etc.:
Transforming Transportation Advisory Committee, 78975 2024-21980 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biometric Identity, 78884-78886 2024-21953 Veteran Affairs Veterans Affairs Department NOTICES Assessment of the Scientific Literature and Historical Claims Data Regarding Exposure to Per- and Polyfluoroalkyl Substance and Kidney Cancer, 78986-78987 2024-22031 Separate Parts In This Issue Part II Defense Department, Defense Acquisition Regulations System, 78990-79017 2024-21093 2024-21095 2024-21091 2024-21094 2024-21092 2024-21096 2024-21098 2024-21099 2024-21097 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 79020-79085 2024-21254 Part IV Commerce Department, Industry and Security Bureau, 79088-79123 2024-21903 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. 89 187 Thursday, September 26, 2024 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 217 Designation of Qatar 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 20, 2024, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Qatar as a country that is eligible to participate in the Visa Waiver Program, effective September 24, 2024.
Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Qatar. DATES: This final rule is effective on September 26, 2024. The Secretary's designation is effective on September 24, 2024. The designation will be implemented on December 1, 2024. FOR FURTHER INFORMATION CONTACT: Anjum K. Agarwala, 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 during the previous full fiscal year;
(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 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, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, 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. Eligible citizens and 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, a country that is designated by the Secretary of State as a state-sponsor of terrorism, or a country or area of concern designated by the Secretary of Homeland Security, during the period of those countries' designations, in accordance with 8 U.S.C. 1187(a)(12)(A) & (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 INA, 8 U.S.C. 1187(a)-(b); *see also* 8 CFR part 217. B. Designation of Qatar The Department of Homeland Security, in consultation with the Department of State, has evaluated Qatar for VWP designation to ensure that it meets the requirements set forth in section 217 of the INA. The Secretary has determined that Qatar has satisfied the statutory requirements for initial VWP designation; therefore, the Secretary, in consultation with the Secretary of State, has designated Qatar as a program country. 4 4 The Secretary of State nominated Qatar for participation in the VWP on September 16, 2024. This final rule adds Qatar to the list of countries authorized to participate in the VWP. Accordingly, no later than December 1, 2024, eligible citizens and nationals of Qatar 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. III. Statutory and Regulatory Requirements A. Administrative Procedure Act Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. The final rule merely lists a country that the Secretary of Homeland Security, in consultation with the Secretary of State, has designated as a VWP eligible country in accordance with 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 this final rule. B. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)(5 U.S.C. 604(a)), 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 rule on small entities ( *i.e.,* small businesses, small organizations, and small governmental jurisdictions) when the agency was required “to publish a general notice of proposed rulemaking” prior to issuing the final rule. Because this rule is being issued as a final rule without a prior proposal, on the grounds set forth above, a regulatory flexibility analysis is not required under the RFA. In addition, 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 to whom this rule applies are not small entities as that term is defined in 5 U.S.C. 601(6). Accordingly, there is no change expected in any process as a result of this rule that would have a direct effect, either positive or negative, on a small entity. C. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. D. Executive Order 12866 This amendment does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866, as amended by Executive Order 14,094. 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 Qatari 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 by October 20, 2024, 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 Qatar 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 Qatar to the VWP will result in an estimated annual increase to information collection 1651-0111 of 12,000 responses and 6,500 burden hours. The total burden hours for ESTA, including Qatar, is as follows: *Estimated annual reporting burden:* 3,412,500 hours. *Estimated number of respondents:* 15,042,000 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), revise the definition of “Designated country” 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, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, 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. 2024-22050 Filed 9-25-24; 8:45 am]
Connectionstraces to 10
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U.S. Code
- Visa waiver program for certain visitors§ 1187
- Application to Taiwan of laws and international agreements§ 3303
- Rule making§ 553
- Final regulatory flexibility analysis§ 604
- Definitions§ 601
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Powers and duties of the Secretary, the Under Secretary, and the Attorney General§ 1103
5 references not yet in our index
- 8 CFR 217
- Pub. L. 96-8
- 8 CFR 217.2(a)
- 8 CFR 217.5
- 8 CFR 2
Citation graph
cites case law
Unknown
Final rule; technical amendment
Cite8 CFR 217
Pub. L.Pub. L. 96-8
Cite8 CFR 217.2(a)
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