Designation of Qatar for the Visa Waiver Program, 78783-78785 [2024-22050]

Download as PDF 78783 Rules and Regulations Federal Register Vol. 89, No. 187 Thursday, September 26, 2024 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. DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 217 Designation of Qatar 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. 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. SUMMARY: 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: khammond on DSKJM1Z7X2PROD with RULES DATES: 1 All 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 VerDate Sep<11>2014 15:52 Sep 25, 2024 Jkt 262001 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 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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; 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. E:\FR\FM\26SER1.SGM 26SER1 78784 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Rules and Regulations (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. khammond on DSKJM1Z7X2PROD with RULES 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 4 The Secretary of State nominated Qatar for participation in the VWP on September 16, 2024. VerDate Sep<11>2014 15:52 Sep 25, 2024 Jkt 262001 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. of the Unfunded Mandates Reform Act of 1995. B. Regulatory Flexibility Act 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. 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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. 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. E:\FR\FM\26SER1.SGM 26SER1 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Rules and Regulations 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 khammond on DSKJM1Z7X2PROD with RULES 11 CFR Part 110 [Notice 2024–24] Fraudulent Misrepresentation of Campaign Authority Federal Election Commission. Interpretive rule. AGENCY: ACTION: VerDate Sep<11>2014 15:52 Sep 25, 2024 Jkt 262001 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 SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 78785 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: 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 SUMMARY: E:\FR\FM\26SER1.SGM 26SER1

Agencies

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Pages 78783-78785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22050]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

========================================================================


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

[[Page 78783]]



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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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;

[[Page 78784]]

    (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\
---------------------------------------------------------------------------

    \4\ The Secretary of State nominated Qatar for participation in 
the VWP on September 16, 2024.
---------------------------------------------------------------------------

    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.

[[Page 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

0
1. The 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(a), revise the definition of ``Designated country'' 
to read as follows:


Sec.  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
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