17852 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

1All 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 

Seventy-four percent of those voting 

favored the amendment to the Plan. 

After consideration of all relevant 

matters presented, including the Board’s 

recommendation, the comments 

received, and the referendum results, it 

is hereby found that amending section 

1210.321(d) of the Plan and section 

1210.404 of the regulations will tend to 

effectuate the declared policy of the Act. 

It is further found that the sentences 

concerning counting votes as producer, 

handler, or importer votes in section 

1210.363(b) of the Plan and in section 

1210.602(a) of the regulations in 

Subpart D—Referendum Procedures, do 

not effectuate the declared policy of the 

Act, and they are hereby terminated. 

Additional Finding 

Pursuant to 5 U.S.C. 553, it is also 

found that good cause exists for not 

postponing the effective date of this 

action until 30 days after publication in 

the Federal Register because this action 

needs to be in effect as soon as possible 

to allow sufficient time for completion 

of the nomination process and 

appointments for the term of office 

beginning January 1, 2015. Further, the 

amendment was approved in a 

referendum of producers, handlers, and 

importers. 

List of Subjects in 7 CFR Part 1210 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Reporting and recordkeeping 

requirements, Watermelon promotion. 

For the reasons set forth in the 

preamble, part 1210, Chapter XI of Title 

7 is amended as follows: 

PART 1210—WATERMELON 

RESEARCH AND PROMOTION PLAN 

■ 1. The authority citation for 7 CFR 

part 1210 continues to read as follows: 

Authority: 7 U.S.C. 4901–4916 and 7 

U.S.C. 7401. 

■ 2. In § 1210.321, paragraph (d) is 

revised to read as follows: 

§ 1210.321 Nomination and selection. 

* * * * * 

(d) Nominations for importer 

positions that become vacant may be 

made by mail ballot, nomination 

conventions, or by other means 

prescribed by the Secretary. The Board 

shall provide notice of such vacancies 

and the nomination process to all 

importers through press releases and 

any other available means as well as 

direct mailing to known importers. All 

importers may participate in the 

nomination process. A person who both 

imports and handles watermelons may 

participate in the nomination process 

and serve on the Board as either an 

importer or handler, but not both. 

* * * * * 

■ 3. In § 1210.363, paragraph (b) is 

revised to read as follows: 

§ 1210.363 Suspension or termination. 

* * * * * 

(b) The Secretary may conduct a 

referendum at any time and shall hold 

a referendum on request of the Board or 

at least 10 percent of the combined total 

of the watermelon producers, handlers, 

and importers to determine if 

watermelon producers, handlers, and 

importers favor termination or 

suspension of this Plan. The Secretary 

shall suspend or terminate this Plan at 

the end of the marketing year whenever 

the Secretary determines that the 

suspension or termination is favored by 

a majority of the watermelon producers, 

handlers, and importers voting in such 

referendum who, during a 

representative period determined by the 

Secretary, have been engaged in the 

production, handling, or importing of 

watermelons and who produced, 

handled, or imported more than 50 

percent of the combined total of the 

volume of watermelons produced, 

handled, or imported by those 

producers, handlers, and importers 

voting in the referendum. Any such 

referendum shall be conducted by mail 

ballot. 

■ 4. In § 1210.404, revise paragraph (g) 

to read as follows: 

§ 1210.404 Importer member nomination 

and selection. 

* * * * * 

(g) A person who both imports and 

handles watermelons may participate in 

the nomination process and serve on the 

Board as either an importer or handler, 

but not both. 

■ 5. In § 1210.602, paragraph (a) is 

revised to read as follows: 

§ 1210.602 Voting. 

(a) Each person who is an eligible 

producer, handler, or importer as 

defined in this subpart, at the time of 

the referendum and who also was a 

producer, handler, or importer during 

the representative period, shall be 

entitled to one vote in the referendum: 

Provided, That each producer in a 

landlord-tenant relationship or a 

divided ownership arrangement 

involving totally independent entities 

cooperating only to produce 

watermelons in which more than one of 

the parties is a producer, shall be 

entitled to one vote in the referendum 

covering only that producer’s share of 

the ownership. 

* * * * * 

Dated: March 11, 2014. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2014–07024 Filed 3–28–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 217 

RIN 1601–AA70 

Designation of Chile for the Visa 

Waiver Program 

AGENCY: Office of the Secretary; 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 

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 

February 28, 2014, the Secretary of 

Homeland Security, in consultation 

with the Secretary of State designated 

Chile 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 

Chile. 

DATES: This final rule is effective on 

March 31, 2014. 

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 1 if 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17853 

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. 

2The 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. 

3For countries designated as VWP countries on 

or after November 17, 2008, including Chile, only 

passports containing an electronic chip that 

includes the biographic and biometric information 

of the passport holder are authorized for VWP 

travel. However, for countries designated as VWP 

countries prior to November 17, 2008, passports 

issued before October 26, 2006 need not contain an 

electronic chip with the holder’s biographic and 

biometric information, provided that such passports 

comply with International Civil Aviation 

Organization machine readable standards. See 8 

U.S.C. 1732(c)(2). 

4The Secretary of State nominated Chile for 

participation in the VWP on June 3, 2013. 

certain requirements are met. Those 

requirements include, without 

limitation: (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) an official 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 

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; (5) 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 (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. 

Prior to this final rule, the designated 

countries in the VWP were 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.2 See 

8 CFR 217.2(a). 

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 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 an electronic passport or a 

machine-readable passport issued by a 

designated VWP participant country to 

the air or vessel carrier before 

departure; 3

(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) 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). 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 (Nov. 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 Chile 

The Department of Homeland 

Security, in consultation with the 

Department of State, has evaluated Chile 

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 Chile has satisfied the statutory 

requirements for initial VWP 

designation; therefore, the Secretary, in 

consultation with the Secretary of State, 

has designated Chile as a program 

country.4

This final rule adds Chile to the list 

of countries authorized to participate in 

the VWP. Accordingly, beginning March 

31, 2014, eligible citizens and nationals 

of Chile 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. 

C. Technical Corrections 

This final rule also deletes from the 

regulatory text outdated language 

regarding Belgium and unnecessary 

language regarding Tawian. First, the 

regulatory text includes a specific 

requirement for Belgian citizens 

traveling under the VWP after May 15, 

2003 to present a machine readable 

passport. This requirement for a 

machine readable passport has been 

extended to all VWP countries. See INA 

section 217(a)(3), 8 U.S.C. 1187(a)(3). 

Therefore, the specific reference to 

Belgium has been removed. Second, the 

regulatory text referencing the 

Secretary’s authority to designate 

Tawain to the VWP is unnecessary and 

has been removed for clarity. 

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. 

For the same reasons, pursuant to 5 

U.S.C. 553(d)(3), a delayed effective date 

is not required. 

This final rule is also excluded from 

the rulemaking provisions of 5 U.S.C. 


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17854 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

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 

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 OMB Control 

Number 1651–0111, Arrival and 

Departure Record, to allow eligible 

Chilean 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 Chile 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 Chile to the Visa 

Waiver Program will result in an 

estimated annual increase to 

information collection 1651–0111 of 

180,000 responses and 45,000 burden 

hours. The total burden hours for ESTA, 

including Chile, is as follows: 

Estimated annual reporting burden: 

4,830,000 hours. 

Estimated number of respondents: 

19,320,000 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 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, 

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, 

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. 

* * * * * 

Jeh Charles Johnson, 

Secretary. 

[FR Doc. 2014–07254 Filed 3–28–14; 8:45 am] 

BILLING CODE P 

FARM CREDIT ADMINISTRATION 

12 CFR Parts 611, 620, and 630 

RIN 3052–AD00 

Organization; Disclosure to 

Shareholders; Disclosure to Investors 

in System-wide and Consolidated Bank 

Debt Obligations of the Farm Credit 

System; Advisory Vote 

AGENCY: Farm Credit Administration. 

ACTION: Interim final rule. 

SUMMARY: The Farm Credit 

Administration (FCA, we, or our) issues 

this interim final rule amending its 

regulations to remove all requirements 

for non-binding, advisory votes at Farm 

Credit System (System) banks and 

associations. This rule is in response to 

recent legislation wherein Congress 

provided that no funds available to the 

FCA may be used to ‘‘implement or 

enforce’’ regulations requiring nonbinding, advisory votes on senior officer 

compensation, and directed the FCA to 

review its rules to ensure they reflect 


emcdonald on DSK67QTVN1PROD with RULES