Designation of Malta for the Visa Waiver Program, 79595-79597 [E8-30818]
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
FNS, and furnished by the firm. A firm
which has been assessed a civil money
penalty shall pay FNS as required, any
subsequent fiscal claim asserted by FNS.
In such cases a collateral bond or
irrevocable letter of credit shall be
furnished to FNS with the payment, or
a schedule of intended payments, of the
civil money penalty. A buyer or
transferee shall not, as result of the
transfer or purchase of a disqualified
firm, be required to furnish a bond or
letter of credit prior to authorization.
*
*
*
*
*
■ 3. In § 278.2, revise paragraph (f) to
read as follows:
§ 278.2
Participation of retail food stores.
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*
(f) Paying credit accounts. Food stamp
benefits shall not be accepted by an
authorized retail food store in payment
for items sold to a household on credit.
A firm that commits such violations
shall be disqualified from participation
in the Food Stamp Program for a period
of one year.
*
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■ 4. In § 278.6:
■ a. Revise paragraph (e)(4); and
■ b. Amend paragraph (h) by adding the
words ‘‘or irrevocable letter of credit’’
after the word ‘‘bond’’ wherever it
appears. The revision reads as follows:
§ 278.6 Disqualification of retail food
stores and wholesale food concerns, and
imposition of civil money penalties in lieu
of disqualifications.
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*
(e) * * *
(4) Disqualify the firm for 1 year if:
(i) It is to be the first sanction for the
firm and the ownership or management
personnel of the firm have committed
violations such as the sale of common
nonfood items in amounts normally
found in a shopping basket, and FNS
had not previously advised the firm of
the possibility that violations were
occurring and of the possible
consequences of violating the
regulations; or
(ii) The firm has accepted food stamp
benefits in payment for items sold to a
household on credit.
*
*
*
*
*
■ 5. In § 278.7, revise paragraph (b) to
read as follows:
of the claim may be through total or
partial forfeiture of the collateral bond
or draw down of the irrevocable letter
of credit. If FNS determines that
forfeiture or a draw down is required for
collection of the claim, FNS shall take
one or more of the following actions, as
appropriate.
(1) Determine the amount of the bond
to be forfeited or irrevocable letter of
credit drawn down on the basis of the
loss to the Government through
violations of the Act, and this Part, as
detailed in a letter of charges to the firm;
(2) Send written notification by
method of proof of delivery to the firm
and the bonding agent or commercial
bank of FNS’ determination regarding
forfeiture or draw down of all or
specified part of the collateral bond or
irrevocable letter of credit and the
reasons for the forfeiture or draw down
action;
(3) Advise the firm and the bonding
agent or commercial bank of the firm’s
right to administrative review of the
claim determination;
(4) Advise the firm and the bonding
agent or commercial bank that if
payment of the current claim is not
received directly from the firm, FNS
shall obtain full payment through
forfeiture of the bond or draw down of
the irrevocable letter of credit;
(5) Proceed with collection of the
bond or irrevocable letter of credit in the
amount forfeited or drawn down if a
request for review is not filed by the
firm within the period established in
§ 279.5 of this chapter, or if such review
is unsuccessful; and
(6) Upon the expiration of time
permitted for the filing of a request for
administrative and/or judicial review,
deposit the bond or irrevocable letter of
credit in a Federal Reserve Bank
account or in the Treasury Account,
General. If FNS requires only a portion
of the face value of the bond or
irrevocable letter of credit to satisfy a
claim, the entire bond or irrevocable
letter of credit will be negotiated, and
the remaining amount returned to the
firm.
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PART 279—ADMINISTRATIVE AND
JUDICIAL REVIEW—FOOD RETAILERS
AND FOOD WHOLESALERS
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§ 278.7 Determination and disposition of
claims—retail food stores and wholesale
food concerns.
■
*
§ 279.1
*
*
*
*
(b) Forfeiture of a collateral bond or
draw down on an irrevocable letter of
credit. If FNS establishes a claim against
an authorized firm which has
previously been sanctioned, collection
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6. In § 279.1, revise paragraph (a)(6) to
read as follows:
Jurisdiction and authority.
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(a) * * *
(6) Forfeiture of part or all of a
collateral bond or a draw down of part
or all of a letter of credit under § 278.1
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79595
of this chapter, if the request for review
is made by the authorized firm. FNS
shall not accept requests for review
made by a bonding company or agent or
commercial bank.
*
*
*
*
*
■ 7. In § 279.4, revise the last sentence
in paragraph (a) to read as follows:
§ 279.4 Action upon receipt of a request
for review.
* * * If the administrative action in
question involves the denial of a claim
brought by a firm against FNS, or the
forfeiture of a collateral bond or the
draw down on an irrevocable letter of
credit, the designated reviewer shall
direct the firm not be approved for
participation, not be paid any part of the
disputed claim, or not be reimbursed for
any bond forfeiture or irrevocable letter
of credit withdrawal, as appropriate
until the designated reviewer has made
a determination.
*
*
*
*
*
Dated: December 18, 2008.
Nancy Montanez Johner,
Under Secretary, Food, Nutrition and
Consumer Services.
[FR Doc. E8–30951 Filed 12–29–08; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 217
RIN 1601–AA54
Designation of Malta for the Visa
Waiver Program
Office of the Secretary; DHS.
Final rule; technical
amendment.
AGENCY:
ACTION:
SUMMARY: Citizens and eligible nationals
of participating 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
90 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.
This rule adds Malta to the list of
countries authorized to participate in
the Visa Waiver Program.
DATES: This final rule is effective on
December 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Marc Frey, Department of Homeland
Security, Office of Policy, (202) 282–
9555.
SUPPLEMENTARY INFORMATION:
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79596
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
I. Background
pwalker on PROD1PC71 with RULES
A. The Visa Waiver Program
Pursuant to section 217 of the
Immigration and Nationality Act (INA),
8 U.S.C. 1187, the Secretary of
Homeland Security (the Secretary), in
consultation with the Secretary of State,
may designate certain countries as Visa
Waiver Program (VWP) countries if
certain requirements are met. Those
requirements include, without
limitation, (1) meeting the statutory rate
of nonimmigrant visa refusal for
nationals of the country; (2) a
government certification that it has a
program to issue machine readable,
tamper-resistant passports that comply
with International Civil Aviation
Organization (ICAO) standards; (3) a
U.S. government determination that the
country’s designation would not
negatively affect U.S. law enforcement
and security interests; (4) government
agreement to report, or make available
to the U.S. government information
about the theft or loss of passports; (5)
the government accepts for repatriation
any citizen, former citizen, or national
not later than three weeks after the
issuance of a final order of removal; and
(6) the government enters into an
agreement with the United States to
share information regarding whether
citizens or nationals of that 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, termination of program
countries.
Citizens and eligible nationals of VWP
countries may apply for admission to
the United States at U.S. ports of entry
as nonimmigrant aliens for a period of
90 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 designated countries in the VWP
include Andorra, Australia, Austria,
Belgium,1 Brunei, Czech Republic,
Denmark, Estonia, Finland, France,
Germany, Hungary, Iceland, Ireland,
Italy, Japan, Latvia, Liechtenstein,
Lithuania, Luxembourg, Monaco, the
Netherlands, New Zealand, Norway,
Portugal, Republic of Korea, San
Marino, Singapore, Slovak Republic,
Slovenia, Spain, Sweden, Switzerland,
1 Since May 15, 2003, citizens of Belgium have
had to present a machine-readable passport in order
to be granted admission under the Visa Waiver
Program.
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22:13 Dec 29, 2008
Jkt 217001
and the United Kingdom.2 See 8 CFR
217.2(a).
To travel to the United States under
the VWP, an alien must be from a
participating country and must (1) be
seeking entry as a tourist for a period of
90 days or less; (2) be a national of a
VWP participant country; (3) present an
electronic passport or a machine
readable passport issued by a designated
VWP participant country to the air or
vessel carrier before departure; 3 (4)
execute the required immigration forms;
(5) if arriving by air or sea, arrive on an
authorized carrier; (6) not represent a
threat to the welfare, health, safety or
security of the United States; (7) have
not violated U.S. immigration law
during a previous admission under the
visa waiver program; (8) possess a round
trip ticket; and (9) waive the right to
review or appeal a decision regarding
admissibility or to contest other than on
the basis of an application for asylum,
any action for removal. See Sections
217(a) and 217(b) of the Immigration
and Nationality Act (INA), 8 U.S.C.
1187(a)–(b). See also 8 CFR part 217.
DHS, in consultation with the
Department of State, has evaluated the
country of Malta for VWP designation to
ensure the country meets the
requirements set forth in section 711 of
the 9/11 Act and section 217 of the INA.
The Secretary has determined that Malta
has satisfied the statutory requirements
to be a VWP country; therefore, the
Secretary, in consultation with the
Secretary of State, has designated Malta
as a VWP program country.4
This final rule adds Malta to the list
of countries authorized to participate in
the VWP. Accordingly, beginning
December 30, 2008, citizens and eligible
nationals from Malta may apply for
admission to the United States at U.S.
ports of entry as nonimmigrant aliens
for a period of 90 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. Malta has
2 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.
3 For countries designated as VWP member
countries prior to November 17, 2008, passports
issued before October 26, 2006, need not contain
the electronic chip that includes the biographic and
biometric information of the passport holder
provided the passports comply with International
Civil Aviation Organization machine readable
standards.
4 The Secretary of State nominated Malta for
membership in the VWP on December 17, 2008.
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Fmt 4700
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agreed that its citizens must obtain an
approved travel authorization from CBP
via the Electronic System for Travel
Authorization and must possess a valid
electronic passport. For more
information about the Electronic System
for Travel Authorization program,
please see the interim final rule at 73 FR
32440.
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 8 U.S.C. 1187(c). This amendment
is a technical change to update the list
of VWP eligible 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.
We do not anticipate receiving
meaningful comments on this rule
because Malta has already been
designated as VWP-eligible. For the
same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not
required.
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,
involves a bilateral agreement that the
United States has entered into with
Malta, and directly involves
relationships between the United States
and its alien visitors. Accordingly, DHS
is not required to provide public notice
and an opportunity to comment before
implementing the requirements under
this final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 603(b)), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA),
requires an agency to prepare and make
available to the public a regulatory
flexibility analysis that describes the
effect of a proposed rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions) when the agency is
required ‘‘to publish a general notice of
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
proposed rulemaking for any proposed
rule.’’ Because this rule is being issued
as a final rule, on the grounds set forth
above, a regulatory flexibility analysis is
not required under the RFA.
DHS has considered the impact of this
rule on small entities and has
determined that this rule will not have
a significant economic impact on a
substantial number of small entities.
The individual aliens to whom this rule
applies are not small entities as that
term is defined in 5 U.S.C. 601(6).
Accordingly, there is no change
expected in any process as a result of
this rule that would have a direct effect,
either positive or negative, on a small
entity.
C. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
D. Executive Order 12866
This amendment does not meet the
criteria for a ‘‘significant regulatory
action’’ as specified in Executive Order
12866.
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.
List of Subjects in 8 CFR Part 217
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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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Jkt 217001
PART 217—VISA WAIVER PROGRAM
1. The general authority citation for
part 217 continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1187; 8 CFR part
2.
2. In § 217.2 the definition of the term
‘‘Designated country’’ in paragraph (a) is
revised to read as follows:
■
§ 217.2
Eligibility.
(a) * * *
Designated country refers to Andorra,
Australia, Austria, Belgium, Brunei,
Czech Republic, Denmark, Estonia,
Finland, France, Germany, Hungary,
Iceland, Ireland, Italy, Japan, Latvia,
Liechtenstein, Lithuania, Luxembourg,
Malta, Monaco, the Netherlands, New
Zealand, Norway, Portugal, Republic of
Korea, San Marino, Singapore, Slovak
Republic, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom.
The United Kingdom refers only to
British citizens who have the
unrestricted right of permanent abode in
the United Kingdom (England, Scotland,
Wales, Northern Ireland, the Channel
Islands and the Isle of Man); it does not
refer to British overseas citizens, British
dependent territories’ citizens, or
citizens of British Commonwealth
countries. After May 15, 2003, citizens
of Belgium must present a machinereadable passport in order to be granted
admission under the Visa Waiver
Program.
*
*
*
*
*
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E8–30818 Filed 12–29–08; 8:45 am]
BILLING CODE 4410–10–P
FEDERAL ELECTION COMMISSION
11 CFR Parts 100, 101, 102, 104, 110,
113, 400, 9001, 9003, 9031, 9033
Notice 2008–14; Repeal of Increased
Contribution and Coordinated Party
Expenditure Limits for Candidates
Opposing Self-Financed Candidates
Federal Election Commission.
Final rules.
AGENCY:
ACTION:
SUMMARY: The Federal Election
Commission (‘‘Commission’’) is
removing its rules on increased
contribution limits and coordinated
party expenditure limits for Senate and
House of Representatives candidates
facing self-financed opponents. These
rules were promulgated to implement
sections 304 and 319 of the Bipartisan
Campaign Reform Act of 2002, known
as the ‘‘Millionaires’ Amendment.’’ In
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79597
Davis v. Federal Election Commission,
the Supreme Court held that sections
319(a) and (b), regarding House of
Representatives elections, were
unconstitutional. The Court’s analysis
also applies to the contribution and
spending limits in section 304 regarding
Senate elections. The Commission,
therefore, is removing its rules that
implement the Millionaires’
Amendment. However, the Commission
is retaining certain other rules that were
not affected by the Davis decision.
Further information is provided in the
supplementary information that follows.
DATES: Effective Date: February 1, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert M. Knop, Assistant General
Counsel, or Mr. Neven F. Stipanovic,
Attorney, 999 E Street, NW.,
Washington, DC 20463, (202) 694–1650
or (800) 424–9530.
SUPPLEMENTARY INFORMATION: The
Commission is revising its regulations to
reflect the Supreme Court’s decision in
Davis v. Federal Election Commission,
128 S. Ct. 2759 (2008). The Commission
is deleting rules that implemented the
Millionaires’ Amendment at 11 CFR
100.19(g), 104.19, 110.5(b)(2), and Part
400. It is making technical and
conforming changes to its rules at 11
CFR 100.33, 101.153, 101.1,
102.2(a)(1)(viii), 113.1(g)(6)(ii), 9001.1,
9003.1(b)(8), 9031.1, and 9033.1(b)(10).
It is retaining unchanged its rules at 11
CFR 110.1(b)(3)(ii)(C), 116.11, 116.12,
and 9035.2(c).
The Commission published a Notice
of Proposed Rulemaking (‘‘NPRM’’) on
October 20, 2008, in which it sought
public comment on the proposed rule
implementing the Davis decision. See
Notice of Proposed Rulemaking on
Increased Contribution and Expenditure
Limits for Candidates Opposing Selffinanced Candidates, 73 FR 62224 (Oct.
20, 2008). In addition, the Commission
sought public comment on its proposal
to retain 11 CFR 116.11 and 116.12,
which concern the repayment of
candidate’s personal loans. Id. at 62226.
The comment period ended on
November 21, 2008.
The Commission received four
comments on the proposed rule,
including a comment from the Internal
Revenue Service (‘‘IRS’’) stating that the
proposed rules did not conflict with the
Internal Revenue Code or IRS
regulations.
For the reasons explained below, the
Commission has decided to delete its
rules that implemented the Millionaires’
Amendment, and to retain and revise
certain other rules that were not
invalidated by the Davis decision. The
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]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79595-79597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30818]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 217
RIN 1601-AA54
Designation of Malta for the Visa Waiver Program
AGENCY: Office of the Secretary; DHS.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: Citizens and eligible nationals of participating 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 90 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. This rule adds Malta
to the list of countries authorized to participate in the Visa Waiver
Program.
DATES: This final rule is effective on December 30, 2008.
FOR FURTHER INFORMATION CONTACT: Marc Frey, Department of Homeland
Security, Office of Policy, (202) 282-9555.
SUPPLEMENTARY INFORMATION:
[[Page 79596]]
I. Background
A. The Visa Waiver Program
Pursuant to section 217 of the Immigration and Nationality Act
(INA), 8 U.S.C. 1187, the Secretary of Homeland Security (the
Secretary), in consultation with the Secretary of State, may designate
certain countries as Visa Waiver Program (VWP) countries if certain
requirements are met. Those requirements include, without limitation,
(1) meeting the statutory rate of nonimmigrant visa refusal for
nationals of the country; (2) a government certification that it has a
program to issue machine readable, tamper-resistant passports that
comply with International Civil Aviation Organization (ICAO) standards;
(3) a U.S. government determination that the country's designation
would not negatively affect U.S. law enforcement and security
interests; (4) government agreement to report, or make available to the
U.S. government information about the theft or loss of passports; (5)
the government accepts for repatriation any citizen, former citizen, or
national not later than three weeks after the issuance of a final order
of removal; and (6) the government enters into an agreement with the
United States to share information regarding whether citizens or
nationals of that 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, termination of program countries.
Citizens and eligible nationals of VWP countries may apply for
admission to the United States at U.S. ports of entry as nonimmigrant
aliens for a period of 90 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 designated countries in the VWP include Andorra,
Australia, Austria, Belgium,\1\ Brunei, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy,
Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, the
Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San
Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom.\2\ See 8 CFR 217.2(a).
---------------------------------------------------------------------------
\1\ Since May 15, 2003, citizens of Belgium have had to present
a machine-readable passport in order to be granted admission under
the Visa Waiver Program.
\2\ 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.
---------------------------------------------------------------------------
To travel to the United States under the VWP, an alien must be from
a participating country and must (1) be seeking entry as a tourist for
a period of 90 days or less; (2) be a national of a VWP participant
country; (3) present an electronic passport or a machine readable
passport issued by a designated VWP participant country to the air or
vessel carrier before departure; \3\ (4) execute the required
immigration forms; (5) if arriving by air or sea, arrive on an
authorized carrier; (6) not represent a threat to the welfare, health,
safety or security of the United States; (7) have not violated U.S.
immigration law during a previous admission under the visa waiver
program; (8) possess a round trip ticket; and (9) waive the right to
review or appeal a decision regarding admissibility or to contest other
than on the basis of an application for asylum, any action for removal.
See Sections 217(a) and 217(b) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1187(a)-(b). See also 8 CFR part 217.
---------------------------------------------------------------------------
\3\ For countries designated as VWP member countries prior to
November 17, 2008, passports issued before October 26, 2006, need
not contain the electronic chip that includes the biographic and
biometric information of the passport holder provided the passports
comply with International Civil Aviation Organization machine
readable standards.
---------------------------------------------------------------------------
DHS, in consultation with the Department of State, has evaluated
the country of Malta for VWP designation to ensure the country meets
the requirements set forth in section 711 of the 9/11 Act and section
217 of the INA. The Secretary has determined that Malta has satisfied
the statutory requirements to be a VWP country; therefore, the
Secretary, in consultation with the Secretary of State, has designated
Malta as a VWP program country.\4\
---------------------------------------------------------------------------
\4\ The Secretary of State nominated Malta for membership in the
VWP on December 17, 2008.
---------------------------------------------------------------------------
This final rule adds Malta to the list of countries authorized to
participate in the VWP. Accordingly, beginning December 30, 2008,
citizens and eligible nationals from Malta may apply for admission to
the United States at U.S. ports of entry as nonimmigrant aliens for a
period of 90 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. Malta has agreed that its citizens must obtain an
approved travel authorization from CBP via the Electronic System for
Travel Authorization and must possess a valid electronic passport. For
more information about the Electronic System for Travel Authorization
program, please see the interim final rule at 73 FR 32440.
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 8
U.S.C. 1187(c). This amendment is a technical change to update the list
of VWP eligible 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. We do not anticipate
receiving meaningful comments on this rule because Malta has already
been designated as VWP-eligible. For the same reasons, pursuant to 5
U.S.C. 553(d)(3), a delayed effective date is not required.
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, involves a bilateral
agreement that the United States has entered into with Malta, and
directly involves relationships between the United States and its alien
visitors. Accordingly, DHS is not required to provide public notice and
an opportunity to comment before implementing the requirements under
this final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 603(b)), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996
(SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of a
proposed rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions) when the agency is
required ``to publish a general notice of
[[Page 79597]]
proposed rulemaking for any proposed rule.'' Because this rule is being
issued as a final rule, on the grounds set forth above, a regulatory
flexibility analysis is not required under the RFA.
DHS has considered the impact of this rule on small entities and
has determined that this rule will not have a significant economic
impact on a substantial number of small entities. The individual aliens
to whom this rule applies are not small entities as that term is
defined in 5 U.S.C. 601(6). Accordingly, there is no change expected in
any process as a result of this rule that would have a direct effect,
either positive or negative, on a small entity.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
D. Executive Order 12866
This amendment does not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
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.
List of Subjects in 8 CFR Part 217
Air carriers, Aliens, Maritime carriers, Passports and visas.
Amendments to the Regulations
0
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
0
1. The general authority citation for part 217 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.
0
2. In Sec. 217.2 the definition of the term ``Designated country'' in
paragraph (a) is revised to read as follows:
Sec. 217.2 Eligibility.
(a) * * *
Designated country refers to Andorra, Australia, Austria, Belgium,
Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand,
Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak
Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
The United Kingdom refers only to British citizens who have the
unrestricted right of permanent abode in the United Kingdom (England,
Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of
Man); it does not refer to British overseas citizens, British dependent
territories' citizens, or citizens of British Commonwealth countries.
After May 15, 2003, citizens of Belgium must present a machine-readable
passport in order to be granted admission under the Visa Waiver
Program.
* * * * *
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E8-30818 Filed 12-29-08; 8:45 am]
BILLING CODE 4410-10-P
