This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

16231 

Vol. 76, No. 56 

Wednesday, March 23, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 212 

[USCBP–2011–0007; CBP Dec. 11–07] 

RIN 1651–AA81 

Clarification of Countries and 

Geographic Areas Eligible for 

Participation in the GuamCommonwealth of the Northern 

Mariana Islands Visa Waiver Program 

AGENCY: U.S. Customs and Border 

Protection, DHS. 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: This interim final rule 

amends Department of Homeland 

Security regulations to clarify that 

individuals holding British National 

(Overseas) (BN(O)) passports as a result 

of their connection to the Hong Kong 

Special Administrative Region (Hong 

Kong) are eligible for participation in 

the Guam-Commonwealth of the 

Northern Mariana Islands (CNMI) Visa 

Waiver Program. The Guam-CNMI Visa 

Waiver Program allows certain 

nonimmigrant aliens to enter Guam 

and/or the CNMI as nonimmigrant 

visitors for business or pleasure without 

a visa for a period of authorized stay not 

to exceed forty-five days. This interim 

final rule provides that beginning May 

23, 2011, individuals holding BN(O) 

passports as a result of their connection 

to Hong Kong and traveling to Guam 

and/or the CNMI under the Guam-CNMI 

Visa Waiver Program on such BN(O) 

passport must present it and a Hong 

Kong identification card. 

DATES: Effective Date: The effective date 

of the rule is May 23, 2011. 

Comment Date: Comments must be 

received by May 23, 2011. 

ADDRESSES: Please submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2011–0007. 

• Mail: Border Security Regulations 

Branch, Office of International Trade, 

U.S. Customs and Border Protection, 

Mint Annex, 799 9th Street, NW., 

Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Comments 

submitted will be available for public 

inspection in accordance with the 

Freedom of Information Act (5 U.S.C. 

552) and 19 CFR 103.11(b) on normal 

business days between the hours of 9 

a.m. and 4:30 p.m. at the Border 

Security Regulations Branch, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl C. Peters, U.S. Customs and 

Border Protection, Office of Field 

Operations, (202) 344–1438. 

SUPPLEMENTARY INFORMATION: 

I. Public Comments 

Interested persons are invited to 

submit written comments on all aspects 

of this interim final rule. U.S. Customs 

and Border Protection (CBP) also invites 

comments on the economic, 

environmental or federalism effects of 

this rule. We urge commenters to 

reference a specific portion of the rule, 

explain the reason for any 

recommended change, and include data, 

information, or authorities that support 

such recommended change. 

II. Background 

A. Guam-CNMI Visa Waiver Program 

Section 702 of the Consolidated 

Natural Resources Act of 2008 (CNRA), 

Public Law 110–229, 122 Stat. 754, 854, 

subject to a transition period, extends 

the immigration laws of the United 

States to the Commonwealth of the 

Northern Mariana Islands (CNMI) and 

provides for a visa waiver program for 

travel to Guam and/or the CNMI. See 

sections 212 and 214 of the Immigration 

and Nationality Act (INA), as amended 

(8 U.S.C. 1182 and 1184). On January 

16, 2009, the Department of Homeland 

Security (DHS), through CBP, issued an 

interim final rule in the Federal 

Register replacing the then-existing 

Guam Visa Waiver Program with the 

Guam-CNMI Visa Waiver Program and 

setting forth the requirements for 

nonimmigrant visitors seeking 

admission into Guam and/or the CNMI 

under the Guam-CNMI Visa Waiver 

Program. See 74 FR 2824. 

The January 2009 rule provided that, 

beginning June 1, 2009, DHS would 

begin the administration and 

enforcement of the Guam-CNMI Visa 

Waiver Program. This program allows 

nonimmigrant visitors to seek admission 

for business or pleasure for entry into 

Guam and/or the CNMI without a visa 

for a period of authorized stay not to 

exceed forty-five days. On March 31, 

2009, the Secretary of Homeland 

Security, after the necessary 

consultations, announced the delayed 

start of the transition period until 

November 28, 2009. On May 28, 2009, 

a technical amendment to the January 

2009 rule was published, extending the 

implementation date of the Guam-CNMI 

Visa Waiver Program from June 1, 2009 

to November 28, 2009. See 74 FR 25387. 

The January 2009 rule lists the 

countries and geographic areas from 

which otherwise eligible individuals 

may travel to Guam and/or the CNMI 

under the Guam-CNMI Visa Waiver 

Program. Among those countries and 

geographic areas listed are Hong Kong 

and the United Kingdom. The January 

2009 rule allows individuals possessing 

a Hong Kong Special Administrative 

Region (SAR) passport and Hong Kong 

identification card as a result of their 

connection to Hong Kong to travel 

under the Guam-CNMI Visa Waiver 

Program. The January 2009 rule does 

not address the eligibility of individuals 

holding British National (Overseas) 

(BN(O)) passports as a result of their 

connection to Hong Kong for travel to 

Guam and/or the CNMI under the 

Guam-CNMI Visa Waiver Program, and 

questions have arisen about their 

eligibility for travel under that program. 


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16232 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 

B. British Nationals (Overseas) 

On July 1, 1997, sovereignty over 

Hong Kong reverted from the United 

Kingdom to the People’s Republic of 

China, establishing Hong Kong as a 

Special Administrative Region of the 

People’s Republic of China. In the years 

prior to the reversion, the United 

Kingdom created a new category of 

British nationality, British National 

(Overseas) (BN(O)). A person who was 

considered a British national by his or 

her connection with Hong Kong, as 

defined in the Hong Kong (British 

Nationality) Order 1986, was entitled to 

apply for BN(O) status, and to hold a 

passport in that status, by registration. 

BN(O) status is for life, but is not 

transferable, and registration ended in 

1997. BN(O) passports, while British 

travel documents, do not confer the 

same rights as regular United Kingdom 

passports. BN(O) passports are issued to 

permanent residents of Hong Kong and 

do not confer the right of abode in the 

United Kingdom. 

C. The Amendment 

Under the Guam Visa Waiver 

Program, the predecessor to the current 

Guam-CNMI Visa Waiver Program, 

BN(O) passport holders were eligible to 

participate in the program as citizens of 

‘‘the United Kingdom (including the 

citizens of the colony of Hong Kong).’’ 

8 CFR 212.1(e)(3)(i). As a result of the 

reversion of sovereignty, Hong Kong and 

the United Kingdom are listed 

separately for the Guam-CNMI Visa 

Waiver Program. 8 CFR 212.1(q)(2)(ii). 

In light of the questions that have 

arisen regarding whether BN(O) 

passport holders qualify under the 

Guam-CNMI Visa Waiver Program in the 

absence of a specific reference in the 

regulation to BN(O) passport holders, 

CBP believes it is appropriate to amend 

the regulations to clarify this issue. The 

amended regulation explicitly allows 

Hong Kong individuals holding BN(O) 

passports as a result of their connection 

to Hong Kong to travel to Guam and/or 

the CNMI under the Guam-CNMI Visa 

Waiver Program. This clarification is 

based on the political changes in Hong 

Kong, the idiosyncrasies of the law of 

the United Kingdom discussed above, 

and the status of BN(O) passport holders 

as permanent residents of Hong Kong. 

Like Hong Kong SAR passport holders, 

BN(O) passport holders must present a 

Hong Kong identification card to travel 

to Guam and/or the CNMI under the 

Guam-CNMI Visa Waiver Program. 

In order to provide BN(O) passport 

holders sufficient time to become aware 

of and adjust to the Hong Kong 

identification card requirement for 

participation in the Guam-CNMI Visa 

Waiver Program, the effective date of the 

amended regulation is May 23, 2011. 

In addition, to provide further clarity 

in the regulation, DHS is relocating the 

existing regulatory requirements 

applicable to travelers from Taiwan 

under the Guam-CNMI Visa Waiver 

Program, from a parenthetical regarding 

Taiwan within the country list at 8 CFR 

212.1(q)(2)(ii) in place since the January 

2009 rule, to a new paragraph, 8 CFR 

212.1(q)(2)(ii)(B). This new paragraph 

contains substantively identical text to 

the parenthetical in the January 2009 

rule. The regulation continues to require 

that in order to participate in the 

program as a result of a connection to 

Taiwan, an individual must be a 

resident of Taiwan who begins his or 

her travel in Taiwan and who travels on 

direct flights from Taiwan to Guam or 

the CNMI without an intermediate 

layover or stop, except that the flights 

may stop in a territory of the United 

States en route. 

III. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

Section 702(b) of the CNRA directs 

that all regulations necessary to 

implement the Guam-CNMI Visa Waiver 

Program shall be considered a foreign 

affairs function for purposes of section 

553(a) of the Administrative Procedure 

Act (APA). See section 212 of the INA, 

as amended (8 U.S.C. 1182(l)(3)). As was 

the case with the January 2009 rule that 

replaced the Guam Visa Waiver Program 

with the Guam-CNMI Visa Waiver 

Program, this interim final rule is 

exempt from the notice and comment 

and 30-day delayed effective date 

requirements of the APA. See 74 FR 

2824. DHS is nevertheless providing the 

opportunity for public comments. 

Further, a 60-day delayed effective date 

is provided in order to allow BN(O) 

passport holders sufficient time to 

become aware of and adjust to the Hong 

Kong identification card requirement for 

participation in the Guam-CNMI Visa 

Waiver Program. 

B. Executive Order 12866 

Section 3(d)(2) of Executive Order 

12866 provides that the Executive Order 

does not apply to a regulation that 

involves a foreign affairs function of the 

United States, and thus it does not 

apply to this rule. Accordingly, the 

Office of Management and Budget has 

not reviewed this regulation under that 

Executive Order. 

C. Regulatory Flexibility Act 

Because this rule is being issued as an 

interim final rule on the foreign affairs 

function of the United States, as set 

forth above, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). 

List of Subjects in 8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

Amendments to Regulations 

Part 212 of title 8 of the Code of 

Federal Regulations is amended as set 

forth below: 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANT; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 1. The authority citation for part 212 

is revised to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1102, 

1103, 1182 and note, 1184, 1187, 1223, 1225, 

1226, 1227, 1255, 1359; 8 U.S.C. 1185 note 

(section 7209 of Pub. L. 108–458); 8 CFR part 

2. 

Section 212.1(q) also issued under section 

702, Public Law 110–229, 122 Stat. 754, 854. 

■ 2. Section 212.1(q)(2)(ii) is revised to 

read as follows: 

§ 212.1 Documentary Requirements for 

Nonimmigrants. 

* * * * * 

(q) * * * 

(2) * * * 

(ii) Eligible Countries and Geographic 

Areas. Nationals of the following 

countries are eligible to participate in 

the Guam-CNMI Visa Waiver Program 

for purposes of admission to both Guam 

and the CNMI: Australia, Brunei, Japan, 

Malaysia, Nauru, New Zealand, Papua 

New Guinea, Republic of Korea, 

Singapore, and the United Kingdom. 

Travelers with a connection to one of 

the following geographic areas—the 

Hong Kong Special Administrative 

Region (Hong Kong) or Taiwan—may 

also be eligible to participate in the 

Guam-CNMI Visa Waiver Program for 

purposes of admission to both Guam 

and the CNMI, see paragraphs 

(q)(2)(ii)(A) and (q)(2)(ii)(B) 

respectively. 

(A) Hong Kong Special Administrative 

Region (Hong Kong). To be eligible to 

participate in the program as a result of 

a connection to Hong Kong, the 

following documentation is required: A 

Hong Kong Special Administrative 

Region (SAR) passport with a Hong 

Kong identification card; or a British 


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Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 16233 

National (Overseas) (BN(O)) passport 

with a Hong Kong identification card. 

(B) Taiwan. To be eligible to 

participate in the program as a result of 

a connection to Taiwan, one must be a 

resident of Taiwan who begins his or 

her travel in Taiwan and who travels on 

direct flights from Taiwan to Guam or 

the CNMI without an intermediate 

layover or stop, except that the flights 

may stop in a territory of the United 

States en route. 

* * * * * 

Dated: March 16, 2011. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2011–6555 Filed 3–22–11; 8:45 am] 

BILLING CODE 9111–14–P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 110 

[Notice 2011–02] 

Interpretive Rule Regarding Electronic 

Contributor Redesignations 

AGENCY: Federal Election Commission. 

ACTION: Notice of interpretive rule. 

SUMMARY: Commission regulations 

require that a contributor’s 

redesignation of a contribution for 

another election be in writing and 

signed by the contributor. The 

Commission construes the requirements 

of 11 CFR 110.1(b)(5) and 110.2(b)(5) to 

encompass a certain method of 

electronic redesignation. The method of 

electronic redesignation is described in 

the supplementary information below. 

DATES: This Interpretive Rule is effective 

March 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Allison T. Steinle, Attorney, Office of 

General Counsel, 999 E Street, NW., 

Washington, DC 20463 (202) 694–1000 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: 

Commission regulations require that a 

contributor’s redesignation of a 

contribution for another election be in 

writing and be signed by the 

contributor. 11 CFR 110.1(b)(5) and 

110.2(b)(5). The Commission, however, 

recognizes that it should interpret the 

Federal Election Campaign Act of 1971, 

as amended, 2 U.S.C. 431 et seq. (‘‘the 

Act’’) and its regulations ‘‘consistent 

with contemporary technological 

innovations * * * where such 

technology would not compromise the 

intent of the Act and regulations.’’ 

Advisory Opinion 1999–09 (Bradley for 

President); see also Advisory Opinions 

2007–30 (Dodd); 2007–17 (DSCC); 

1999–36 (Campaign Advantage); 1999– 

03 (Microsoft PAC); 1995–09 

(NewtWatch). 

During the course of an audit, the 

Commission recently determined that a 

specific redesignation practice provided 

the same degree of assurance of the 

contributor’s identity and the 

contributor’s intent to redesignate the 

contribution as a handwritten signature. 

Accordingly, the Commission 

determined that the practice met the 

requirements of 11 CFR 110.1(b)(5). The 

Commission believes it is important to 

inform the public, including political 

committees and their treasurers, of this 

determination. 

The specific method approved by the 

Commission worked in the following 

manner: The political committee 

informed contributors through postal 

mail, with a follow-up e-mail, that, by 

visiting a Web site printed in the letter 

or by clicking on a link in the e-mail 

message that directed contributors to the 

Web site, they could redesignate their 

contributions to the candidate’s other 

authorized committee if they wished to 

do so. Contributors were also informed 

that if they did not redesignate their 

contributions, they would then receive 

refunds automatically. Contributors who 

visited the Web site were asked to fill 

out an electronic form affirmatively 

authorizing the redesignation and 

verifying their identity by entering their 

personal information, including first 

and last name, address, phone number, 

e-mail address, occupation, and name of 

employer. Upon completing the form, 

contributors received a ‘‘receipt record,’’ 

thanking them for their redesignation. 

The political committee also retained a 

record of each electronic redesignation 

in a database, including the personal 

information provided by each 

contributor making a redesignation, in a 

manner consistent with the 

recordkeeping requirements for signed 

written redesignations under 11 CFR 

110.1(l). The Commission concluded 

that this process provided assurance of 

contributor identity and intent 

equivalent to a written signature. 

Accordingly, the Commission 

construes the written signature 

requirements of 11 CFR 110.1(b)(5) and 

110.2(b)(5) to encompass the method of 

electronic redesignation described 

above. Because the specific method 

approved by the Commission requires 

the contributor to provide personal 

information that can be verified against 

a committee’s records, it provides a 

level of assurance as to the contributor’s 

identity and intent comparable to that of 

a written signature. See Explanation and 

Justification for Final Rules on 

Contribution Limitations and 

Prohibitions, 67 FR 69928, 69934 (Nov. 

19, 2002) (Commission declined to 

eliminate the written signature 

requirement for contributor 

redesignations). 

The Commission encourages the use 

of innovations in technology to 

effectuate electronic redesignations. In 

that light, committees are advised that 

the Commission will consider other 

methods of electronic redesignation not 

explicitly addressed in this interpretive 

rule, provided that they offer a sufficient 

degree of assurance of the contributor’s 

identity and the contributor’s intent to 

redesignate. Unless and until the 

Commission initiates a rulemaking on 

this issue, such consideration may be 

provided on a case-by-case basis, 

including but not limited to the 

Commission’s advisory opinion process 

or requests for Commission 

consideration of legal questions. See 2 

U.S.C. 437f; 11 CFR part 112; Policy 

Statement Establishing a Pilot Program 

for Requesting Consideration of Legal 

Questions by the Commission, 75 FR 

42088 (July 20, 2010). Committees are 

also advised that this interpretive rule 

does not alter or affect the timing or 

recordkeeping requirements of 11 CFR 

110.1 or 110.2. 

This Federal Register notice 

represents an interpretive rule 

announcing the general course of action 

that the Commission intends to follow. 

This interpretive rule does not 

constitute an agency rule requiring 

notice of proposed rulemaking, 

opportunities for public participation, 

prior publication, and delay in effective 

date under 5 U.S.C. 553 of the 

Administrative Procedure Act (‘‘APA’’). 

As such, it does not bind the 

Commission or any members of the 

general public, or create or remove any 

rights, duties, etc. The provisions of the 

Regulatory Flexibility Act, which apply 

when notice and comment are required 

by the APA or another statute, are not 

applicable. See 5 U.S.C. 603(a). 

Dated: March 16, 2011. 

On behalf of the Commission. 

Cynthia L. Bauerly, 

Chair, Federal Election Commission. 

[FR Doc. 2011–6756 Filed 3–22–11; 8:45 am] 

BILLING CODE 6715–01–P 


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