Designation of Israel for the Visa Waiver Program - Final Rule

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

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§ 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

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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
Office of the Secretary;
Department of Homeland Security
(DHS).
ACTION: Final rule; technical
amendment.
AGENCY:

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:
SUMMARY:

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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,
1 All 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.

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67064

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

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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
2 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.
3 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.

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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

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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
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.

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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.

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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
Nuclear Regulatory
Commission
ACTION: Final guide; issuance.
AGENCY:

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

SUMMARY:

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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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