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

64409 

Vol. 77, No. 204 

Monday, October 22, 2012 

1With respect to all references to ‘‘country’’ or 

‘‘countries’’ in this document, it should be noted 

that the Taiwan Relations Act of 1979, Public Law 

96–8, Section 4(b)(1), provides that ‘‘[w]henever the 

laws of the United States refer or relate to foreign 

countries, nations, states, governments, or similar 

entities, such terms shall include and such laws 

shall apply with respect to Taiwan.’’ 22 U.S.C. 

3303(b)(1). Accordingly, all references to ‘‘country’’ 

or ‘‘countries’’ in the Visa Waiver Program 

authorizing legislation, Section 217 of the 

Immigration and Nationality Act, 8 U.S.C. 1187, are 

read to include Taiwan. This is consistent with the 

United States’ one-China policy, under which the 

United States has maintained unofficial relations 

with Taiwan since 1979. 

2After May 15, 2003, citizens of Belgium must 

present a machine-readable passport in order to be 

granted admission under the Visa Waiver Program. 

3The 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. 

4For countries designated as VWP countries prior 

to November 17, 2008, passports issued before 

October 26, 2006, need not contain the electronic 

chip that includes the biographic and biometric 

information of the passport holder provided the 

passports comply with International Civil Aviation 

Organization machine readable standards. See 8 

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

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 217 

RIN 1601–AA67 

Designation of Taiwan for the Visa 

Waiver Program 

AGENCY: Office of the Secretary, DHS. 

ACTION: Final rule. 

SUMMARY: Eligible citizens, nationals 

and passport holders from designated 

Visa Waiver Program countries 1 may 

apply for admission to the United States 

at U.S. ports of entry as nonimmigrant 

aliens for a period of ninety days or less 

for business or pleasure without first 

obtaining a nonimmigrant visa, 

provided that they are otherwise eligible 

for admission under applicable statutory 

and regulatory requirements. On 

October 2, 2012, the Secretary of 

Homeland Security, in consultation 

with the Secretary of State and with 

reference to the Taiwan Relations Act of 

1979, designated Taiwan for 

participation in the Visa Waiver 

Program. Accordingly, this rule updates 

the list of countries designated for 

participation in the Visa Waiver 

Program by adding Taiwan. 

DATES: This final rule is effective on 

November 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Gianfranco Corti, Department of 

Homeland Security, Visa Waiver 

Program Office, (202) 282–8732. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Visa Waiver Program 

Pursuant to section 217 of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1187, the Secretary of 

Homeland Security (the Secretary), in 

consultation with the Secretary of State, 

may designate certain countries as Visa 

Waiver Program (VWP) countries if 

certain requirements are met. Those 

requirements include, without 

limitation: (1) Meeting the statutory rate 

of nonimmigrant visitor visa refusals for 

nationals of the country; (2) a 

government certification that it issues 

machine-readable passports that comply 

with internationally accepted standards; 

(3) a U.S. government determination 

that the country’s designation would not 

negatively affect U.S. law enforcement 

and security interests; (4) an agreement 

to report, or make available through 

other designated means, to the U.S. 

government information about the theft 

or loss of passports; (5) the government 

acceptance for repatriation any citizen, 

former citizen, or national not later than 

three weeks after the issuance of a final 

order of removal; and (6) an agreement 

with the United States to share 

information regarding whether citizens 

or nationals of the country represent a 

threat to the security or welfare of the 

United States or its citizens. 

The INA also sets forth requirements 

for continued eligibility and, where 

appropriate, probation and/or 

termination of program countries. 

The current designated countries in 

the VWP include Andorra, Australia, 

Austria, Belgium,2 Brunei, Czech 

Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, 

Iceland, Ireland, Italy, Japan, Latvia, 

Liechtenstein, Lithuania, Luxembourg, 

Malta, Monaco, the Netherlands, New 

Zealand, Norway, Portugal, Republic of 

Korea, San Marino, Singapore, Slovak 

Republic, Slovenia, Spain, Sweden, 

Switzerland, and the United 

Kingdom.3See 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 be from a participating country 

and must satisfy the following: 

(1) Be seeking entry as a tourist for 

ninety days or less; 

(2) Be a national of a program country; 

(3) Present an electronic passport or a 

machine-readable passport issued by a 

designated VWP participant country to 

the air or vessel carrier before 

departure; 4

(4) Execute the required immigration 

forms; 

(5) If arriving by air or sea, arrive on 

an authorized carrier; 

(6) Not represent a threat to the 

welfare, health, safety or security of the 

United States; 

(7) Have not violated U.S. 

immigration law during a previous 

admission under the VWP; 

(8) Possess a round-trip ticket; 

(9) Waive the right to review or appeal 

a decision regarding admissibility or to 

contest, other than on the basis of an 

application for asylum, any action for 

removal; and 

(10) Obtain an approved travel 

authorization via the Electronic System 

for Travel Authorization (ESTA). ESTA 

is an automated system that determines 

the eligibility of visitors to travel to the 

U.S. under the Visa Waiver Program. 

For more information about the ESTA, 

please see the interim final rule at 73 FR 

32440 (June 9, 2008), and implementing 

notice at 73 FR 67354 (November 13, 

2008). See sections 217(a) and 217(b) of 

the Immigration and Nationality Act 

(INA), 8 U.S.C. 1187(a)–(b). See also 8 

CFR part 217. 


wreier-aviles on DSK5TPTVN1PROD with 
64410 Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations 

5The Secretary of State nominated Taiwan for 

participation in the VWP on December 22, 2011. 

B. Designation of Taiwan 

The Department of Homeland 

Security (DHS), in consultation with the 

Department of State, has evaluated 

Taiwan for VWP designation to ensure 

that it meets the requirements set forth 

in section 217 of the INA, as amended 

by section 711 of the Implementing 

Recommendations of the 9/11 

Commission Act of 2007, Public Law 

110–53 (9/11 Act). The Secretary has 

determined that Taiwan has satisfied 

the statutory requirements for initial 

VWP designation; therefore, the 

Secretary, in consultation with the 

Secretary of State and with reference to 

the Taiwan Relations Act of 1979 (Pub. 

L. 96–8), has designated Taiwan for 

participation in the VWP.5

This final rule adds Taiwan to the list 

of countries authorized to participate in 

the VWP. Accordingly, beginning 

November 1, 2012, eligible travelers 

possessing Taiwan electronic passports 

with valid personal identification 

numbers (household registration 

numbers) may apply for admission to 

the United States at U.S. ports of entry 

as nonimmigrant visitors for a period of 

ninety days or less for business or 

pleasure without first obtaining a 

nonimmigrant visa, provided that they 

are otherwise eligible for admission 

under applicable statutory and 

regulatory requirements. 

II. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

Act (5 U.S.C. 553(b)), an agency may 

waive the normal notice and comment 

requirements if it finds, for good cause, 

that they are impracticable, 

unnecessary, or contrary to the public 

interest. The final rule lists a country 

that the Secretary of Homeland Security, 

in consultation with the Secretary of 

State, has designated as a VWP eligible 

country in accordance with 8 U.S.C. 

1187(c). This amendment is a 

conforming change to update the list of 

VWP countries. Notice and comment for 

this rule is unnecessary and contrary to 

the public interest, because the rule 

merely conforms the regulatory text to 

reflect the Secretary’s designation of 

Taiwan as a VWP participant; it is 

technical in nature; and it relates only 

to management, organization, 

procedure, and practice. For the same 

reasons, pursuant to 5 U.S.C. 553(d)(3), 

a delayed effective date is not required. 

DHS is of the opinion that this final 

rule is also excluded from the 

rulemaking provisions of 5 U.S.C. 553 as 

a foreign affairs function of the United 

States, because it advances the 

President’s foreign policy goals and 

directly involves relationships between 

the United States and its alien visitors. 

Accordingly, DHS is not required to 

provide public notice and an 

opportunity to comment before 

implementing the requirements under 

this final rule. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 603(b)), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996 (SBREFA), 

requires an agency to prepare and make 

available to the public a regulatory 

flexibility analysis that describes the 

effect of a proposed rule on small 

entities (i.e., small businesses, small 

organizations, and small governmental 

jurisdictions) when the agency is 

required ‘‘to publish a general notice of 

proposed rulemaking for any proposed 

rule.’’ Because this rule is being issued 

as a final rule, on the grounds set forth 

above, a regulatory flexibility analysis is 

not required under the RFA. 

DHS has considered the impact of this 

rule on small entities and has 

determined that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

The individual aliens to whom this rule 

applies are not small entities as that 

term is defined in 5 U.S.C. 601(6). 

Accordingly, there is no change 

expected in any process as a result of 

this rule that would have a direct effect, 

either positive or negative, on a small 

entity. 

C. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

D. Executive Order 12866 and 13563 

As discussed above, DHS is of the 

opinion that the subject of this 

rulemaking constitutes a foreign affairs 

function of the United States, and thus 

is exempt from the provisions of 

Executive Order 12866. The Department 

has nevertheless reviewed this 

rulemaking to ensure its consistency 

with the regulatory philosophy and 

principles set forth in Executive Orders 

12866 and 13563. DHS does not 

consider this final rule to be a 

‘‘significant regulatory action’’ under 

Executive Order 12866, Sec. 3(f), 

Regulatory Planning and Review, and 

Executive Order 13563. 

DHS plans to issue a final rule on the 

Electronic System for Travel 

Authorization (ESTA) and that final rule 

will respond to public comments 

received on the interim final rules 

related to ESTA. The final rule’s 

economic analysis will address the costs 

and benefits associated with the ESTA 

program, including the addition of 

Taiwan to the VWP. The VWP offers 

numerous security and economic 

benefits to the United States by 

promoting legitimate travel while 

enhancing security standards and 

information sharing with international 

partners. 

E. Executive Order 13132 

The rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, DHS has determined that 

this final rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

F. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

G. Paperwork Reduction Act 

The Department of Homeland 

Security is modifying OMB Control 

Number 1651–0111, Arrival and 

Departure Record, to allow eligible 

Taiwan passport holders to use the 

Electronic System for Travel 

Authorization (ESTA) to apply for 

authorization to travel under the VWP 

prior to departing for the United States. 

CBP uses the information to assist in 

determining if an applicant is eligible 

for travel under the VWP. The 

Department is requesting emergency 

processing of this change to 1651–0111 

as the information is essential to the 

mission of the agency and is needed 

prior to the expiration of time periods 

established under the PRA. Because of 

the designation of Taiwan for 

participation in the VWP, the 

Department is requesting OMB approval 

of this information collection in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507). 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations 64411 

The addition of Taiwan to the Visa 

Waiver Program will result in an 

estimated annual increase to 

information collection 1651–0111 of 

240,000 responses and 60,000 burden 

hours. The total burden hours for ESTA, 

including Taiwan, is as follows: 

Estimated annual reporting burden: 

4,785,000 hours. 

Estimated number of respondents: 

19,140,000 respondents. 

Estimated average annual burden per 

respondent: 15 minutes. 

List of Subjects in 8 CFR Part 217 

Air carriers, Aliens, Maritime carriers, 

Passports and visas. 

Amendments to the Regulations 

For the reasons stated in the 

preamble, DHS amends part 217 of title 

8 of the Code of Federal Regulations (8 

CFR part 217), as set forth below. 

PART 217—VISA WAIVER PROGRAM 

■ 1. The general authority citation for 

part 217 continues to read as follows: 

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 

2. 

■ 2. In § 217.2 the definition of the term 

‘‘Designated country’’ in paragraph (a) is 

revised to read as follows: 

§ 217.2 Eligibility. 

(a) * * * 

Designated country refers to Andorra, 

Australia, Austria, Belgium, Brunei, 

Czech Republic, Denmark, Estonia, 

Finland, France, Germany, Greece, 

Hungary, Iceland, Ireland, Italy, Japan, 

Latvia, Liechtenstein, Lithuania, 

Luxembourg, Malta, Monaco, the 

Netherlands, New Zealand, Norway, 

Portugal, Republic of Korea, San 

Marino, Singapore, Slovak Republic, 

Slovenia, Spain, Sweden, Switzerland, 

Taiwan, and the United Kingdom. The 

United Kingdom refers only to British 

citizens who have the unrestricted right 

of permanent abode in the United 

Kingdom (England, Scotland, Wales, 

Northern Ireland, the Channel Islands 

and the Isle of Man); it does not refer to 

British overseas citizens, British 

dependent territories’ citizens, or 

citizens of British Commonwealth 

countries. After May 15, 2003, citizens 

of Belgium must present a machinereadable passport in order to be granted 

admission under the Visa Waiver 

Program. Taiwan (designated consistent 

with the Taiwan Relations Act of 1979, 

Pub. L. 96–8 and the United States’ oneChina policy) refers only to individuals 

who have unrestricted right of 

permanent abode on Taiwan and are in 

possession of an electronic passport 

bearing a personal identification 

(household registration) number. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2012–25986 Filed 10–19–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0932] 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AIWW), 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the S.R. 74 Bridge 

across the Atlantic Intracoastal 

Waterway, mile 283.1, at Wrightsville 

Beach, NC. The deviation is necessary to 

facilitate the structural repair of the 

bridge. This deviation allows the bridge 

to be closed to navigation for 12 hours 

each day beginning in the evening. 

DATES: This deviation is effective from 

7 p.m. on October 22, 2012, until 7 a.m. 

on March 15, 2013. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket USCG–2012–0932 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2012–0932 in the ‘‘Search’’ box, and 

then clicking ‘‘Search’’. This material is 

also available for inspection or copying 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation from regulations, call or email 

Mr. Bill H. Brazier, Bridge Management 

Specialist, Fifth Coast Guard District, 

telephone (757) 398–6422, email 

Bill.H.Brazier@uscg.mil. If you have 

questions on reviewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this bascule lift 

bridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 117.821 

(a)(4), to facilitate the structural repair 

of the bridge. 

In the closed position to vessels, the 

S.R. 74 Bridge, at Atlantic Intracoastal 

Waterway (AIWW) mile 283.1, at 

Wrightsville Beach, NC has a vertical 

clearance of 20 feet, above mean high 

water. 

Under this temporary deviation, from 

October 22, 2012, through March 15, 

2013, the S.R. 74 Bridge will be closed 

to navigation each day, from 7 p.m. to 

7 a.m., except vessel openings will be 

provided with a 2-hour advance notice 

to the bridge tender. 

Vessel traffic along this part of the 

AIWW consists of commercial and 

pleasure craft including sail boats, 

fishing boats, and tug and barge traffic, 

that transit mainly during the daylight 

hours with the occasional tug and barge 

traffic at night. There are no alternate 

routes for vessels transiting this section 

of the AIWW. Vessels that can pass 

under the bridge without a drawbridge 

opening may do so at all times and the 

bridge will be able to open in an 

emergency. 

The Coast Guard has carefully 

coordinated the restrictions with 

commercial and recreational waterway 

users. The Coast Guard will inform all 

users of the waterway through our Local 

and Broadcast Notice to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the draw must return to its original 

operating schedule immediately at the 

end of the effective period of this 

deviation. This deviation from the 

operating regulations is authorized 

under 33 CFR 117.35. 

Dated: October 10, 2012. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2012–25977 Filed 10–19–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2012–0869] 

RIN 1625–AA00 

Safety Zone; Cooper T. Smith 

Fireworks Event; Mobile River; Mobile, 

AL 

AGENCY: Coast Guard, DHS. 


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