Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67063 

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 

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. 

requester provide proof of identity. 

When the Solicitor or the IG acts under 

paragraph (g)(1) or (2) of this section, 

the administrative time limits 

prescribed in subsection (a)(6) of the 

FOIA (i.e., 20 working days from receipt 

of initial requests and 20 working days 

from receipt of appeals from initial 

denial, plus permissible extension of 

these time limits) will begin only after 

the Solicitor or the IG has received fee 

payments described in this section. If 

the requester does not pay the advance 

payment within 30 calendar days after 

the date of the fee determination, the 

request will be closed. 

(h) When a person other than a party 

to a proceeding before the FLRA makes 

a request for a copy of a transcript or 

recording of the proceeding, the 

Solicitor or the IG, as appropriate, will 

handle the request under this part. 

* * * * * 

(j) The fee schedule of this section 

does not apply to fees charged under 

any statute that specifically requires the 

Authority, the General Counsel, the 

Panel, the Solicitor or the IG to set and 

collect fees for particular types of 

records. In instances in which records 

responsive to a request are subject to a 

statutorily based fee-schedule program, 

the Solicitor or the IG will inform the 

requester of the contact information for 

that program. 

■ 10. Revise § 2411.114 to read as 

follows. 

§ 2411.14 Record retention and 

preservation. 

The Solicitor and the IG shall 

preserve all correspondence pertaining 

to the requests that it receives under this 

subpart, as well as copies of all 

requested records, until such time as 

disposition or destruction is authorized 

by title 44 of the United States Code or 

the National Archives and Records 

Administration’s General Records 

Schedule 14. Records will not be 

disposed of while they are the subject of 

a pending request, appeal, or lawsuit 

under the FOIA. 

■ 11. Revise § 2411.15 to read as 

follows: 

§ 2411.15 Annual report. 

Each year, on or around February 1, 

as requested by the Department of 

Justice’s Office of Information Policy, 

the Chief FOIA Officer of the FLRA 

shall submit a report of the activities of 

the Solicitor and the IG with regard to 

public information requests during the 

preceding fiscal year to the Attorney 

General of the United States and the 

Director of the OGIS. The report shall 

include those matters required by 5 

U.S.C. 552(e), and it shall be made 

available electronically. The Chief FOIA 

Officer of the FLRA shall make each 

such report available for public 

inspection in an electronic format. In 

addition, the Chief FOIA Officer of the 

FLRA shall make the raw statistical data 

used in each report available in a timely 

manner for public inspection in an 

electronic format, which shall be 

available— 

(a) Without charge, license, or 

registration requirement; 

(b) In an aggregated, searchable 

format; and 

(c) In a format that may be 

downloaded in bulk. 

Approved: September 21, 2023. 

Rebecca J. Osborne, 

Federal Register Liaison, Federal Labor 

Relations Authority. 

[FR Doc. 2023–20909 Filed 9–28–23; 8:45 am] 

BILLING CODE 7627–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 217 

RIN 1601–AA94 

Designation of Israel 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. The 

Secretary of Homeland Security, in 

consultation with the Secretary of State, 

has designated Israel 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 Israel. 

DATES: This final rule is effective on 

September 29, 2023. The Secretary’s 

designation was effective on September 

26, 2023. The designation will be 

implemented on November 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Anjum 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. 

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, Italy, Japan, Latvia, 

Liechtenstein, Lithuania, Luxembourg, 


lotter on DSK11XQN23PROD with RULES1
67064 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

2Taiwan 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. 

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. 

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). 

Citizens and eligible nationals of VWP 

countries may apply for admission to 

the United States at U.S. ports of entry 

as nonimmigrant visitors for a period of 

ninety days or less for business or 

pleasure without first obtaining a 

nonimmigrant visa, provided that they 

are otherwise eligible for admission 

under applicable statutory and 

regulatory requirements. To travel to the 

United States under the VWP, any 

person who is not a citizen or national 

of the United States (hereinafter a 

‘‘noncitizen’’) must satisfy the 

following: 

(1) be seeking admission as a 

nonimmigrant visitor for business or 

pleasure for ninety days or less; 

(2) be a national of a program country; 

(3) present a machine-readable, 

electronic passport issued by a 

designated VWP participant country to 

the air or vessel carrier before departure; 

(4) execute the required immigration 

forms; 

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

an authorized carrier; 

(6) not represent a threat to the 

welfare, health, safety, or security of the 

United States; 

(7) have not violated U.S. immigration 

law during any previous admission 

under the VWP; 

(8) possess a round-trip ticket, unless 

exempted by statute or federal 

regulation; 

(9) the identity of the noncitizen has 

been checked to uncover any grounds 

on which the noncitizen may be 

inadmissible to the United States, and 

no such ground has been found; 

(10) certain aircraft operators, as 

provided by statute and regulation, must 

electronically transmit information 

about the noncitizen passenger; 

(11) obtain an approved travel 

authorization via the Electronic System 

for Travel Authorization (ESTA). For 

more information about the ESTA, 

please see 8 CFR part 217.5 (regulation 

effective July 8, 2015), 80 FR 32,267 

(June 8, 2015), 75 FR 47,701 (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, in accordance with 

8 U.S.C. 1187(a)(12)(D), subject to 

statutorily delineated exemptions or a 

waiver authorized by the Secretary; and 

(13) waive the right to review or 

appeal a decision regarding 

admissibility or to contest, other than on 

the basis of an application for asylum, 

any action for removal. 

See sections 217(a) and 217(b) of the 

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

CFR part 217. 

B. Designation of Israel 

The Department of Homeland 

Security, in consultation with the 

Department of State, has evaluated 

Israel for VWP designation to ensure 

that it meets the requirements set forth 

in section 217 of the INA. The Secretary 

has determined that Israel has satisfied 

the statutory requirements for initial 

VWP designation; therefore, the 

Secretary, in consultation with the 

Secretary of State, has designated Israel 

as a program country. 

This final rule adds Israel to the list 

of countries authorized to participate in 

the VWP. Accordingly, beginning 

November 30, 2023, eligible citizens and 

nationals of Israel may apply for 

admission to the United States at U.S. 

ports of entry as nonimmigrant visitors 

for business or pleasure for a period of 

ninety days or less without first 

obtaining a nonimmigrant visa, 

provided that they are otherwise eligible 

for admission under applicable statutory 

and regulatory requirements. 

II. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

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

waive the normal notice and comment 

requirements if it finds, for good cause, 

that they are impracticable, 

unnecessary, or contrary to the public 

interest. The final rule merely lists a 

country that the Secretary of Homeland 

Security, in consultation with the 

Secretary of State, has designated as a 

VWP eligible country in accordance 

with section 217(c) of the INA, 8 U.S.C. 

1187(c). This amendment is a technical 

change to merely update the list of VWP 

countries. Therefore, notice and 

comment for this rule is unnecessary 

and contrary to the public interest 

because the rule has no substantive 

impact, is technical in nature, and 

relates only to management, 

organization, procedure, and practice. 

This final rule is also excluded from 

the rulemaking provisions of 5 U.S.C. 

553 as a foreign affairs function of the 

United States because it advances the 

President’s foreign policy goals and 

directly involves relationships between 

the United States and its noncitizen 

visitors. Accordingly, DHS is not 

required to provide public notice and an 

opportunity to comment before 

implementing 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 

14094. 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67065 

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 

Israeli passport holders to use an ESTA 

to apply for authorization to travel 

under the VWP prior to departing for 

the United States. U.S. Customs and 

Border Protection (CBP) uses the 

information to assist in determining if 

an applicant is eligible for travel under 

the VWP. The Department is requesting 

emergency processing of this change to 

1651–0111 as the information is 

essential to the mission of the agency 

and is needed prior to the expiration of 

time periods established under the 

Paperwork Reduction Act of 1995 

(PRA). Because of the designation of 

Israel 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 Israel to the VWP will 

result in an estimated annual increase to 

information collection 1651–0111 of 

30,000 responses and 6,500 burden 

hours. The total burden hours for ESTA, 

including Israel, is as follows: 

Estimated annual reporting burden: 

3,256,500 hours. 

Estimated number of respondents: 

15,030,000 respondents. 

Estimated average annual burden per 

respondent: 13 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(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, 

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. 2023–21574 Filed 9–27–23; 8:45 am] 

BILLING CODE 9110–9M–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50, 52, and 72 

[NRC–2023–0107] 

Regulatory Guide: Weather-Related 

Administrative Controls at 

Independent Spent Fuel Storage 

Installations 

AGENCY: Nuclear Regulatory 

Commission 

ACTION: Final guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a new 

Regulatory Guide (RG) 3.77 (Revision 0), 

‘‘Weather-Related Administrative 

Controls at Independent Spent Fuel 

Storage Installations.’’ This RG provides 

applicants and licensees with methods 

that the NRC staff considers acceptable 

for specific or general independent 

spent fuel storage installation licensees 

and certificate of compliance holders to 

comply with NRC regulations for 

protection against environmental 

conditions and natural phenomena. 

DATES: Revision 0 to RG 3.77 is available 

on September 29, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0107 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0107. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

Revision 0 to RG 3.77 and the 

regulatory analysis may be found in 

ADAMS under Accession Nos. 

ML23192A535 and ML23089A014, 

respectively. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

John-Chau Nguyen, Office of Nuclear 

Material Safety and Safeguards, 

telephone: 301–415–0262; email: JohnChau.Nguyen@nrc.gov, or Jeremy Tapp, 

Office of Nuclear Material Safety and 

Safeguards, telephone: 301–415–8047; 

email: Jeremy.Tapp@nrc.gov, or Harriet 

Karagiannis, Office of Nuclear 

Regulatory Research, telephone: 301– 


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