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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
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, countries designated by the Secretary of State, or countries designated by the Secretary of the Department of Homeland Security, during the period of those countries designations, in accordance with 8 U.S.C. 1187a12D, 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 217a and 217b of the Immigration and Nationality Act INA, 8 U.S.C.
1187ab; see also 8 CFR part 217.
B. Designation of Croatia The Department of Homeland Security, in consultation with the Department of State, has evaluated Croatia for VWP designation to ensure that it meets the requirements set forth in section 217 of the INA, as amended by section 711 of the Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 11053. The Secretary has determined that Croatia has satisfied the statutory requirements for initial VWP
designation; therefore, the Secretary, in consultation with the Secretary of State, has designated Croatia as a program country.4
This final rule adds Croatia to the list of countries authorized to participate in the VWP. Accordingly, beginning December 1, 2021, eligible citizens and nationals of Croatia 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.

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II. Statutory And Regulatory Requirements A. Administrative Procedure Act Under the Administrative Procedure Act 5 U.S.C. 553b, 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 4 The
Secretary of State nominated Croatia for participation in the VWP on August 2, 2021.

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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 217c of the INA, 8 U.S.C.
1187c. 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 Presidents 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 the requirements under this final rule.
B. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
5 U.S.C. 603b, 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 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 noncitizens 5 to whom this rule applies are not small entities as that term is defined in 5 U.S.C. 6016.
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 5 As used in this final rule, the term noncitizen means any person not a citizen or national of the United States. See 8 U.S.C. 1101a3.

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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 3a and 3b2 of Executive Order 12988.
G. Paperwork Reduction Act The Department of Homeland Security is modifying the Office of Management and Budget OMB Control Number 16510111, Arrival and Departure Record, to allow eligible Croatia 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 16510111 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 Croatia 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 Croatia to the VWP
will result in an estimated annual increase to information collection 1651
0111 of 30,000 responses and 7,500
burden hours. The total burden hours for ESTA, including Croatia, is as follows:
Estimated annual reporting burden:
3,750,000 hours.

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