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.

Rules and Regulations Federal Register

78783 

Vol. 89, No. 187 

Thursday, September 26, 2024 

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. 

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. 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 217 

Designation of Qatar 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. On 

September 20, 2024, the Secretary of 

Homeland Security, in consultation 

with the Secretary of State, designated 

Qatar as a country that is eligible to 

participate in the Visa Waiver Program, 

effective September 24, 2024. 

Accordingly, this rule updates the list of 

countries designated for participation in 

the Visa Waiver Program by adding 

Qatar. 

DATES: This final rule is effective on 

September 26, 2024. The Secretary’s 

designation is effective on September 

24, 2024. The designation will be 

implemented on December 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anjum K. 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, 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,2

and the United Kingdom.3 See 8 CFR 

217.2(a). 

Eligible citizens and 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; 


khammond on DSKJM1Z7X2PROD with RULES
78784 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Rules and Regulations 

4The Secretary of State nominated Qatar for 

participation in the VWP on September 16, 2024. 

(11) obtain an approved travel 

authorization via the Electronic System 

for Travel Authorization (ESTA). For 

more information about the ESTA, 

please see 8 CFR 217.5 (regulation 

effective July 8, 2015), 80 FR 32267 

(June 8, 2015), 75 FR 47701 (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, during the period of 

those countries’ designations, in 

accordance with 8 U.S.C. 1187(a)(12)(A) 

& (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 Qatar 

The Department of Homeland 

Security, in consultation with the 

Department of State, has evaluated 

Qatar for VWP designation to ensure 

that it meets the requirements set forth 

in section 217 of the INA. The Secretary 

has determined that Qatar has satisfied 

the statutory requirements for initial 

VWP designation; therefore, the 

Secretary, in consultation with the 

Secretary of State, has designated Qatar 

as a program country.4

This final rule adds Qatar to the list 

of countries authorized to participate in 

the VWP. Accordingly, no later than 

December 1, 2024, eligible citizens and 

nationals of Qatar 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. 

III. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

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

waive the normal notice and comment 

requirements if it finds, for good cause, 

that they are impracticable, 

unnecessary, or contrary to the public 

interest. The final rule merely lists a 

country that the Secretary of Homeland 

Security, in consultation with the 

Secretary of State, has designated as a 

VWP eligible country in accordance 

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

1187(c). This amendment is a technical 

change to merely update the list of VWP 

countries. Therefore, notice and 

comment for this rule is unnecessary 

and contrary to the public interest 

because the rule has no substantive 

impact, is technical in nature, and 

relates only to management, 

organization, procedure, and practice. 

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 

14,094. 

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 

Qatari 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 by October 20, 2024, 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 Qatar 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 Qatar to the VWP will 

result in an estimated annual increase to 

information collection 1651–0111 of 

12,000 responses and 6,500 burden 

hours. The total burden hours for ESTA, 

including Qatar, is as follows: 

Estimated annual reporting burden: 

3,412,500 hours. 

Estimated number of respondents: 

15,042,000 respondents. 

Estimated average annual burden per 

respondent: 15 minutes. 


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Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Rules and Regulations 78785 

List of Subjects in 8 CFR Part 217 

Air carriers, Aliens, Maritime carriers, 

Passports and visas. 

Amendments to the Regulations 

For the reasons stated in the 

preamble, DHS amends part 217 of title 

8 of the Code of Federal Regulations (8 

CFR part 217) as set forth below. 

PART 217—VISA WAIVER PROGRAM 

■ 1. The authority citation for part 217 

continues to read as follows: 

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

2. 

■ 2. In § 217.2(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, 

Qatar, 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. 2024–22050 Filed 9–25–24; 8:45 am] 

BILLING CODE 9110–9M–P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 110 

[Notice 2024–24] 

Fraudulent Misrepresentation of 

Campaign Authority 

AGENCY: Federal Election Commission. 

ACTION: Interpretive rule. 

SUMMARY: The Federal Election 

Commission is issuing guidance on the 

fraudulent misrepresentation of 

campaign authority. 

DATES: This interpretive rule is effective 

September 26, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Knop, Assistant General 

Counsel, or Ms. Jennifer Waldman, 

Attorney, 1050 First Street NE, 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Federal Election Campaign Act (‘‘FECA’’ 

or ‘‘Act’’) prohibits the fraudulent 

misrepresentation of campaign 

authority. It does so in two ways: (1) by 

barring Federal candidates or their 

agents from fraudulently 

misrepresenting themselves or 

organizations under their control as 

‘‘speaking or writing or otherwise acting 

for or on behalf of any other candidate 

or political party or employee or agent 

thereof on a matter which is damaging 

to such other candidate or political 

party or employee or agent thereof’’ or 

‘‘willfully and knowingly’’ participating 

in or conspiring to do so; and (2) by 

barring any person from ‘‘fraudulently 

misrepresent[ing]’’ themselves ‘‘as 

speaking, writing, or otherwise acting 

for or on behalf of any candidate or 

political party or employee or agent 

thereof for the purpose of soliciting 

contributions or donations’’ or 

‘‘willfully and knowingly’’ participating 

in or conspiring to do so. 52 U.S.C. 

30124; see also 11 CFR 110.16. 

It has been suggested that this statute 

may have a specific application in light 

of new developments in technology, 

especially content generated with the 

assistance of artificial intelligence 

(‘‘AI’’). For this reason, the Commission 

is issuing this guidance to clarify that 52 

U.S.C. 30124 and 11 CFR 110.16 apply 

irrespective of the technology used to 

conduct fraudulent misrepresentation. 

For purposes of 52 U.S.C. 30124, it 

does not matter whether a regulated 

person uses any particular form of 

technology, including AI, in order to 

‘‘fraudulently misrepresent himself or 

any committee or organization under his 

control as speaking or writing or 

otherwise acting for or on behalf’’ of 

another ‘‘candidate or political party or 

employee or agent’’ or to engage in the 

‘‘[f]raudulent solicitation of funds’’ by 

‘‘misrepresent[ing] the person as 

speaking, writing, or otherwise acting 

for or on behalf of any candidate or 

political party or employee or agent 

thereof for the purpose of soliciting 

contributions or donations.’’ 52 U.S.C. 

30124(a)–(b). The legal question is 

whether the actor fraudulently holds 

himself or herself out as ‘‘acting for or 

on behalf of any other candidate or 

political party or employee or agent 

thereof.’’ Id. This fraud may be 

accomplished using AI-assisted media, 

forged signatures, physically altered 

documents or media, false statements, 

or any other means. The statute, and the 

Commission’s implementing regulation, 

is technology neutral. 

The Commission believes that this 

interpretation of its statute and 

attendant regulation will clarify the 

scope of 52 U.S.C. 30124 in connection 

with evolving technology, including AIassisted media and future developments 

that remain unknown and 

unpredictable. 

This interpretive rule announces the 

general course of action that the 

Commission intends to follow. This 

interpretive rule does not constitute an 

agency action requiring notice of 

proposed rulemaking, opportunities for 

public participation, prior publication, 

or delay in effective date under 5 U.S.C. 

533. It does not bind the Commission or 

any members of the general public, nor 

does it create or remove any rights, 

duties, or obligations. The provisions of 

the Regulatory Flexibility Act, which 

apply when notice and comment are 

required by the Administrative 

Procedure Act or other relevant statute, 

do not apply here. See 5 U.S.C. 603(a). 

Dated: September 20, 2024. 

On behalf of the Commission, 

Sean J. Cooksey, 

Chairman, Federal Election Commission. 

[FR Doc. 2024–21983 Filed 9–25–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0237; Project 

Identifier AD–2023–00491–R; Amendment 

39–22853; AD 2024–19–11] 

RIN 2120–AA64 

Airworthiness Directives; Robinson 

Helicopter Company Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Robinson Helicopter Company Model 

R44 and R44 II helicopters. This AD was 

prompted by reports of a fractured 

clutch shaft forward yoke (yoke) on the 

main rotor (M/R) drive due to fatigue 

cracking. This AD requires visually 


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