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

17849 

Vol. 79, No. 61 

Monday, March 31, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1210 

[Document Number AMS–FV–11–0031] 

Watermelon Research and Promotion 

Plan; Importer Membership 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Watermelon Research and Promotion 

Plan’s (Plan) importer membership 

requirements to serve on the National 

Watermelon Promotion Board (Board). 

The Board recommended eliminating 

the requirement that an importer import 

more than 50 percent of the total 

volume handled and imported in order 

to qualify as an importer member. This 

change allows for additional parties to 

qualify as an importer member. The U.S. 

Department of Agriculture (USDA or 

Department) conducted a referendum 

among eligible producers, handlers, and 

importers of watermelons from January 

13 through 27, 2014. Seventy-four 

percent of those voting in the 

referendum favored amendment of the 

Plan. Additional revisions are made to 

remove unnecessary language in the 

Plan and regulations. Also, a section of 

the regulations is clarified and revised 

accordingly. 

DATES: Effective Date: April 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, Stop 0244, 1400 Independence 

Avenue SW., Room 1406–S, 

Washington, DC 20250–0244; telephone: 

(888) 720–9917 (toll free); Direct line: 

202–720–9915; facsimile: (202) 205– 

2800; or electronic mail: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Watermelon 

Research and Promotion Plan [7 CFR 

part 1210]. The Plan is authorized under 

the Watermelon Research and 

Promotion Act (Act) [7 U.S.C. 4901– 

4916]. 

As part of this rulemaking process, a 

proposed rule was published in the 

Federal Register on February 13, 2013 

[78 FR 10104], with a thirty-day 

comment period, which closed on 

March 15, 2013. Sixteen comments were 

received by the March 15, 2013, 

deadline. These comments were 

discussed in a second proposed rule and 

referendum order that was published in 

the Federal Register on October 29, 

2013 [78 FR 64408]. 

Pursuant to section 1655 of the Act, 

a referendum was conducted among 

watermelon producers, handlers, and 

importers to determine whether they 

favor amending the Plan to eliminate 

the requirement that an importer import 

more than 50 percent of the total 

volume handled and imported in order 

to qualify as an importer member. 

The representative period for 

establishing voter eligibility for the 

referendum was the period January 1 

through December 31, 2012. Section 

1653(b) of the Act requires that the 

amendment be approved by a majority 

of watermelon producers, handlers, and 

importers voting in the referendum. 

Producers of 10 acres or more of 

watermelons, watermelon handlers, 

importers of 150,000 or more pounds of 

watermelons annually, and importers of 

less than 150,000 pounds of 

watermelons annually who did not 

apply for and receive reimbursements of 

assessments during the representative 

period were eligible to vote in the 

referendum. Additionally, eligible 

voters had to currently be engaged in 

the business of producing, handling or 

importing watermelons. The referendum 

was conducted by mail ballot from 

January 13, 2014, through January 27, 

2014. Seventy-four percent of those 

voting in the referendum favored 

amendment of the Plan. 

Additional revisions are made to 

remove unnecessary language in section 

1210.363(b) of the Plan and section 

1210.602(a) of the regulations. The 

language pertains to the conduct of 

referenda and is no longer applicable as 

a result of the Watermelon Research and 

Promotion Improvement Act of 1993, 

amendments to the Watermelon 

Research and Promotion Act. 

Lastly, section 1210.404(g) of the 

regulations, which references importer 

eligibility requirements, is amended to 

conform to language amending section 

1210.363(b) of the Plan that has been 

approved in referendum. 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated as a ‘‘nonsignificant regulatory action’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, the Office of Management 

and Budget (OMB) has waived the 

review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review revealed that 

this regulation will not have substantial 

and direct effects on Tribal governments 

and will not have significant Tribal 

implications. 

Executive Order 12988 

In addition, this rule has been 

reviewed under Executive Order 12988, 

Civil Justice Reform. The rule is not 

intended to have retroactive effect. 

The Act allows producers, producerpackers, handlers, and importers to file 

a written petition with the Secretary of 

Agriculture (Secretary) if they believe 

that the Plan, any provision of the Plan, 

or any obligation imposed in connection 

with the Plan, is not established in 

accordance with the law. In any 

petition, the person may request a 

modification of the Plan or an 

exemption from the Plan. The petitioner 

will have the opportunity for a hearing 

on the petition. Afterwards, an 

Administrative Law Judge (ALJ) will 

issue a decision. If the petitioner 


emcdonald on DSK67QTVN1PROD with RULES
17850 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

disagrees with the ALJ’s ruling, the 

petitioner has 30 days to appeal to the 

Judicial Officer, who will issue a ruling 

on behalf of the Secretary. If the 

petitioner disagrees with the Secretary’s 

ruling, the petitioner may file, within 20 

days, an appeal in the U.S. District 

Court for the district where the 

petitioner resides or conducts business. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601– 

612], AMS has examined the economic 

impact of this rule on the small 

producers, handlers, and importers 

affected by this rule. The purpose of the 

RFA is to fit regulatory actions to the 

scale of businesses subject to such 

actions in order that small businesses 

will not be unduly or disproportionately 

burdened. 

The Small Business Administration 

defines, in 13 CFR part 121, small 

agricultural producers as those having 

annual receipts of no more than 

$750,000 and small agricultural service 

firms (handlers and importers) as those 

having annual receipts of no more than 

$7 million. Under these definitions, the 

majority of the producers, handlers, and 

importers affected by this rule would be 

considered small entities. Producers of 

fewer than 10 acres of watermelons are 

exempt from this program. Importers of 

less than 150,000 pounds of 

watermelons per year are also exempt. 

USDA’s National Agricultural 

Statistics Service (NASS) data for the 

2012 crop year indicates that about 306 

hundredweight (cwt.) of watermelons 

were produced per acre within the 

United States. The 2012 grower price 

published by NASS was $13.30 per 

hundredweight. Thus, the value of 

watermelon production per acre in 2012 

averaged about $4,070 (306 cwt. × 

$13.30). At that average price, a 

producer would have to farm more than 

184 acres to receive an annual income 

from watermelons of $750,000 

($750,000 divided by $4,070 per acre 

equals 184). Accordingly, as previously 

noted, a majority of the watermelon 

producers would be classified as small 

businesses. 

Based on the Board’s data, using an 

average of the freight on board (f.o.b.) 

price of $.181 per pound and the 

number of pounds handled in 2012, 

none of the watermelon handlers had 

receipts greater than the $7 million 

threshold. Therefore, the watermelon 

handlers would all be considered small 

businesses. A handler would have to 

ship more than 38 million pounds of 

watermelons to be considered a large 

entity (38,674,033 times $.181 f.o.b. 

equals $7 million). 

According to the Board, there are 

approximately 950 producers, 230 

handlers, and 137 importers who are 

required to pay assessments under the 

program. 

Based on the watermelon import 

assessments received for the year 2012, 

the United States imported watermelons 

worth over $237 million. The largest 

volume of watermelon imports came 

from Mexico, which accounted for 86 

percent of the total volume in 2012. 

Other suppliers of imported 

watermelons are Guatemala—at 9 

percent, and Honduras—at 2 percent. 

The remaining 3 percent of imported 

watermelons came from Costa Rica, 

Nicaragua, Canada, Dominican 

Republic, and Panama. 

Based on U.S. Customs and Border 

Protection (Customs) and Board data, it 

is estimated that there are about 201 

importers of watermelon. Not all of 

these importers are required to pay 

assessments under the program. Using 

2012 Customs data, all of the importers 

import less than $7.0 million worth of 

watermelon annually. Therefore, all of 

the watermelon importers would be 

considered small entities. 

The Board’s audit records show 

import assessments for the calendar 

years 2010, 2011, and 2012 at $746,043, 

$855,890, and $824,897, respectively. 

Based on this data, the three-year 

average of import assessments for 

watermelon totals $808,943 ($2,426,830 

divided by 3). This represents 

approximately 30 percent of the total 

assessments paid to the Board. 

Currently, the Board membership 

distribution consists of 14 producers, 14 

handlers, 8 importers, and 1 public 

member. A final rule that increased the 

number of importers on the Board was 

published in the July 18, 2011, Federal 

Register [76 FR 42009]. 

The Watermelon Research and 

Promotion Improvement Act of 1993 

amended the Watermelon Research and 

Promotion Act by adding importer 

members to the Board, among other 

things. At that time the industry 

recommended that an individual who 

both handles and imports watermelons 

may vote for importer members and 

serve as an importer member if that 

person imports 50 percent or more of 

the combined total volume of 

watermelons handled and imported by 

that person. A final rule was published 

in the Federal Register on February 28, 

1995 [60 FR 10795] containing this and 

other amendments to the program. 

At the time of this amendment there 

was a more clear division of roles 

among producers, handlers, and 

importers. In other words, those 

individuals who imported watermelons 

did not cross over into handling or 

producing watermelons as much as they 

do now. Since then, the industry has 

become more consolidated. Of the 137 

importers required to pay assessments, 

42 also handle domestically produced 

watermelons and would be eligible to 

serve as either a handler or importer 

member. 

At its February 26, 2011, meeting, the 

Board voted unanimously to modify the 

importer eligibility requirements to 

serve on the Board. The Board is having 

difficulty finding eligible importers to 

serve on the Board because of the 

requirement in the Plan that a person 

who both imports and handles 

watermelons be counted as an importer 

only if that person imports 50 percent 

or more of the combined total volume of 

watermelons handled and imported by 

that person. The Board voted to 

eliminate the 50 percent or more 

requirement of the combined total 

volume of watermelons handled and 

imported by a person to allow more 

individuals to become eligible to serve 

on the Board as importer members. 

Individuals who both handle and 

import will be allowed to choose which 

part of the industry they wish to 

represent, regardless of the volume 

handled or imported. The industry 

believes that this change will increase 

importer representation on the Board by 

allowing more individuals to be eligible 

to serve. This action may also increase 

diversity on the Board. 

The Board considered a second 

alternative, which was to change the 50 

percent or more of the combined total 

volume of watermelons handled and 

imported by the person to 25 percent or 

more of the combined total volume of 

watermelons handled and imported by 

the person. However, the Board did not 

choose this option because they wanted 

to allow more importers to be eligible 

for nomination on the Board and found 

this purpose better served if they 

eliminated the percentage requirement 

altogether. Eliminating the percentage 

requirement for the importer member 

will allow for smaller importer 

businesses to become eligible to serve as 

importer members on the Board. 

Additional revisions are made to 

remove unnecessary language in section 

1210.363(b) of the Plan and section 

1210.602(a) of the regulations. The 

language pertains to the conduct of 

referenda and is no longer applicable as 

a result of the Watermelon Research and 

Promotion Improvement Act of 1993 

amendments to the Watermelon 

Research and Promotion Act. 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17851 

As well, section 1210.404(g) of the 

regulations, which references importer 

eligibility requirements, is amended to 

conform to language amending section 

1210.363(b) of the Plan that has been 

approved in referendum. 

In accordance with the Office of 

Management and Budget (OMB) 

regulation [5 CFR part 1320] that 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], the 

information collection and 

recordkeeping requirements that are 

imposed by the Plan have been 

approved previously and assigned OMB 

number 0581–0093, except that the 

Board member background 

questionnaire has been approved under 

OMB number 0505–0001. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other programs. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Additionally, the estimated numbers 

in the RFA represent the total universe 

of watermelon producers, handlers, and 

importers—not only those who were 

eligible to vote in the referendum. 

Background 

Under the Plan, the Board administers 

a nationally coordinated program of 

research, development, advertising, and 

promotion designed to strengthen the 

watermelon’s position in the market 

place and to establish, maintain, and 

expand markets for watermelons. This 

program is financed by assessments on 

producers growing 10 acres or more of 

watermelons, handlers of watermelons, 

and importers of 150,000 pounds of 

watermelons or more per year. The Plan 

specifies that handlers are responsible 

for collecting and submitting both the 

producer and handler assessments to 

the Board, reporting their handling of 

watermelons, and maintaining records 

necessary to verify their reports. 

Importers are responsible for payment of 

assessments to the Board on 

watermelons imported into the United 

States through the U.S. Customs and 

Border Protection. This action has no 

impact on the assessment rates paid by 

producers, handlers, and importers. 

Membership on the Board consists of 

two producers and two handlers for 

each of the seven districts established 

by the Plan, at least one importer, and 

one public member. The Board 

currently consists of 37 members: 14 

producers, 14 handlers, 8 importers, and 

1 public member. A final rule to 

increase the number of importers on the 

Board was published in the July 18, 

2011, Federal Register [76 FR 42009]. 

The Watermelon Research and 

Promotion Improvement Act of 1993 

amended the Watermelon Research and 

Promotion Act by adding importer 

members to the Board, among other 

things. At that time the industry 

recommended that an individual who 

both handles and imports watermelons 

may vote for importer members and 

serve as an importer member only if that 

person imports 50 percent or more of 

the combined total volume of 

watermelons handled and imported by 

that person. A final rule was published 

in the Federal Register on February 28, 

1995 [60 FR 10795], containing this and 

other amendments to the program. At 

the time of this amendment there was a 

more clear division of roles among 

producers, handlers, and importers. In 

other words, those individuals who 

imported watermelons did not cross 

over into handling or producing 

watermelons as much as they do now. 

Since then, the industry has become 

more consolidated. Of the 137 importers 

required to pay assessments, 42 also 

handle watermelons and would be 

eligible to serve as either a handler or 

importer member. 

At its February 26, 2011, meeting, the 

Board voted unanimously to modify the 

importer eligibility requirements to 

serve on the Board. The Board is having 

difficulty finding eligible importers to 

serve on the Board because of the 

requirement in the Plan that a person 

who both imports and handles 

watermelon is counted as an importer 

only if that person imports 50 percent 

or more of the combined total volume of 

watermelons handled and imported by 

that person. The Board voted to 

eliminate the 50 percent or more 

requirement of the combined total 

volume of watermelons handled and 

imported by a person to allow more 

individuals to become eligible to serve 

on the Board as importers. Individuals 

who both handle and import will be 

allowed to choose which part of the 

industry they wish to represent, 

regardless of the volume handled or 

imported. The Board believes that this 

change will increase the importer 

representation on the Board by allowing 

more individuals to be eligible to serve. 

This action may also increase diversity 

on the Board. 

Accordingly, this rule amends section 

1210.321(d) of the Plan to specify that 

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. The change to this section 

was the only section voted on and 

approved in the referendum. 

Notwithstanding the discussion that 

appeared in the proposed rule 

published at 78 FR 64408, a conforming 

change is made to section 1210.404(g) in 

Subpart B—Nominating Procedures of 

Part 1210. This section also pertains to 

importer eligibility requirements for 

Board representation. 

Pursuant to Section 1654 of the Act, 

section 1210.363(b) is amended to 

remove language that no longer 

effectuates the purpose of the Act. 

Specifically, the sentences concerning 

counting votes as producer, handler, or 

importer votes based on volume are 

terminated in accordance with section 

1654(a) of the Act. Section 1210.363(b) 

pertains to referenda to suspend or 

terminate the Plan or any provision 

thereof. The language removed did not 

affect the way the amendatory 

referendum was conducted or how the 

results were determined. 

A conforming change is made to 

section 1210.602(a) of Subpart D— 

Referendum Procedures of the Plan to 

remove similar language. This also no 

longer effectuates the purpose of the 

Act. 

The Department published the 

proposal for public comment in the 

February 13, 2013, Federal Register [78 

FR 10104]. The comment period ended 

March 15, 2013. Sixteen comments were 

received by the deadline. These 

comments were discussed in the 

October 29, 2013, proposed rule 

published in the Federal Register [78 

FR 64408], which included a 

referendum order. 

General Findings 

As previously mentioned, the 

Department conducted a referendum 

among eligible watermelon producers, 

handlers, and importers from January 

13, 2014, through January 27, 2014, to 

determine whether they favor amending 

the Plan’s importer member 

requirements to serve on the Board. The 

representative period for establishing 

voter eligibility was January 1, 2012, 

through December 31, 2012. Producers 

of 10 or more acres of watermelon, 

watermelon handlers, importers of 

150,000 or more pounds of watermelons 

annually, and importers who import 

less than 150,000 pounds of 

watermelons annually and did not 

apply for and receive assessment 

reimbursements during the 

representative period were eligible to 

vote in the referendum. Additionally, 

eligible voters had to be currently 

engaged in the business of producing, 

handling or importing watermelons. 


emcdonald on DSK67QTVN1PROD with RULES
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 


emcdonald on DSK67QTVN1PROD with RULES