Unknown. Interim rule with request for comments

4,806 words·~22 min read·/register/2004/07/30/04-16938

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-07-30.xml --- 69 146 Friday, July 30, 2004 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Foreign Agricultural Service See Forest Service See Rural Telephone Bank NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 45885 C4-14193 Army Army Department See Engineers Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 45687-45688 04-17363 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau RULES Special services and studies:

Age Search Program; fee structure, 45579-45580 04-17359 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 45721 04-17368 Centers Centers for Medicare & Medicaid Services RULES Medicare: Medicare overpayments and underpayments to providers, suppliers, home maintenance organizations, competitive medical plans, etc.; interest calculation, 45604-45607 04-17316 PROPOSED RULES Medicare:

Home health prospective payment system; 2005 CY rates update Correction, 45640-45664 04-17417 NOTICES Medicare: Inpatient rehabilitation facility prospective payment system (2005 FY); update, 45721-45775 04-17444 Skilled nursing facilities prospective payment system and consolidate billing; update, 45775-45822 04-17443 Meetings: Medicare— Drug categories and classes; model guidelines development, 45822-45823 04-17237 Children Children and Families Administration See Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:

Child Development Research Fellowship Program, 45823-45829 04-17339 Citizenship Citizenship and Immigration Services Bureau RULES Immigration: Employment authorization documents; issuance, 45555-45557 04-16938 Coast Guard Coast Guard RULES Boating safety: Personal flotation devices for children; Federal and State requirements for wearing aboard recreational vessels, 45589-45591 04-17411 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 04-17383 45672-45673 04-17384 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

China, 45686 04-17365 Defense Defense Department See Army Department See Engineers Corps NOTICES Meetings: Science Board task forces, 45686-45687 04-17415 04-17416 Drug Drug Enforcement Administration PROPOSED RULES Controlled substances; manufacturers, distributors, and dispensers; registration: Pseudoephedrine, ephedrine, and phenylpropanolamine; security requirements, 45616-45622 04-17356 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-17342 45689-45690 04-17343 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 45852-45853 04-17045 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 45690 04-17361 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 45690-45691 04-17360 Engineers Engineers Corps RULES Danger zones and restricted areas: Lake Michigan, Manitowoc and Sheboygan Counties, WI; Wisconsin Air National Guard military exercise area, 45591-45592 04-17352 NOTICES Environmental statements; notice of intent: Broward County Water Preserve Areas Project, FL, 45688-45689 04-17364 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Plywood and composite wood products, 45943-46045 04-6298 Air pollution control: State operating permit programs— Georgia, 45596-45597 04-17373 Air programs: Ambient air quality standards, national— Particulate matter, 45592-45596 04-17372 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 04-17299 45597-45604 04-17301 04-17374 PROPOSED RULES Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 45639-45640 04-17298 04-17300 Water pollution control:

Ocean dumping; site designations— Palm Beach Harbor and Port Everglades Harbor, FL, 45632-45639 04-17375 NOTICES Air pollution control: Citizens suits; proposed settlements— Glyn Environmental Coalition, Inc., et al., 45703-45705 04-17380 Committees; establishment, renewal, termination, etc.: Science Advisory Board, 45705-45707 04-17376 04-17377 Environmental statements; availability, etc.: Agency statements— Comment availability, 45708-45709 04-17382 Weekly receipts, 45707-45708 04-17381 Meetings:

Science Advisory Board, 45709 04-17378 Water pollution control: Total maximum daily loads— Mahoning River Watershed, OH, 45709-45710 04-17379 Equal Equal Employment Opportunity Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 45710-45712 04-17399 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air carrier certification and operations: Transport airplane fuel tank systems; special maintenance program requirements; compliance extension; aging airplane program update, 45935-45942 04-17188 Airworthiness directives:

Airbus, 45578-45579 04-17221 Air Tractor, Inc., 45566-45570 04-17119 Cessna, 45570-45573 04-17217 Empresa Brasileira de Aeronautica, S.A. (EMBRAER), 45565-45566 04-17222 Eurocopter France, 45575-45577 04-17219 Fokker, 45577-45578 04-17220 General Electric Co., 45562-45564 04-17040 New Piper Aircraft, Inc., 45573-45575 04-17218 Airworthiness standards: Special conditions— New Piper Aircraft, Inc., PA-28-161, PA-28-181, PA-28R-201, PA-32-301FT, PA-32-301XTC, PA-32R-301, and PA-32R-301T model airplanes, 45560-45562 04-17402 Piper Cheyenne PA-31T, PA-31T1, and PA-31T2 model airplanes, 45558-45560 04-17407 PROPOSED RULES Airworthiness directives:

BAE Systems (Operations) Ltd., 45614-45616 04-17224 NOTICES Aeronautical land-use assurance; waivers: Greeneville-Spartanburg International Airport, SC, 45880-45881 04-17408 Jeffco Airport, CO, 45881 04-17403 Knox County Regional Airport, ME, 45881 04-17405 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 45612-45613 04-17423 PROPOSED RULES Digital television stations; table of assignments: Oklahoma, 45664-45665 04-17341 Radio and television broadcasting:

Program recordings; broadcasters retention requirements, 45665-45668 04-17428 NOTICES Agency information collection activities; proposals, submissions, and approvals, 45712-45715 04-17424 04-17425 04-17426 04-17427 04-17430 Rulemaking proceedings; petitions filed, granted, denied, etc., 45715 04-17429 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program: Private sector property insurers; assistance, 45607-45612 04-17358 NOTICES Disaster and emergency areas:

Michigan, 45845 04-17348 North Dakota, 45845-45846 04-17347 South Dakota, 45846 04-17349 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 45700-45703 E4-1680 E4-1700 E4-1701 Meetings: Northern Natural Gas Co.; technical conference, 45703 E4-1678 *Applications, hearings, determinations, etc.:* Allied Energy Resources Corp., 45691 E4-1685 Calpine Newark, LLC, 45691-45692 E4-1682 Centaurus Energy Master Fund, L.P., 45692 E4-1684 CenterPoint Energy Gas Transmission Co., 45692-45693 E4-1681 CenterPoint Energy-Mississippi River Transmission Corp., 45692 E4-1696 Columbia Gas Transmission Corp., 45693 E4-1692 Columbia Gulf Transmission Co., 45693 E4-1691 East Texas Electric Cooperative, Inc., 45694 E4-1695 Gulf South Pipeline Co., LP, 45694 E4-1697 GulfTerra Texas Pipeline, LP, 45694-45695 E4-1687 Indeck Maine Energy, LLC, 45695 E4-1693 Iroquois Gas Transmission System, L.P., 45695 E4-1694 Merrill Lynch Commodities, Inc., 45695-45696 E4-1686 Northern Natural Gas Co., 45696 E4-1698 Pacific Gas & Electric Co., 45696-45697 E4-1699 Pine Prairie Energy Center, LLP, 45697 E4-1679 Pogo Producing Co., 45697-45698 E4-1677 Sunoco Power Generation LLC, 45698 E4-1683 Tennessee Gas Pipeline Co., 45698 E4-1688 Texas Gas Transmission, LLC, 45699 E4-1689 Transcontinental Gas Pipe Line Corp., 45699 E4-1690 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations:

Uniform Traffic Control Devices Manual— Traffic sign retroreflectivity; maintenance methods, 45623-45631 04-17409 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 45715-45716 04-17331 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Anagnostou, Hristodoulos G., et al.; vision requirement exemptions, 45881-45882 04-17412 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 45716 04-17337 Formations, acquisitions, and mergers, 45716-45717 04-17335 Permissible nonbanking activities, 45717 04-17336 FTC Federal Trade Commission RULES Telemarketing sales rule: National Do Not Call Registry; user fees, 45580-45586 04-17330 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 45669-45670 04-17385 Foreign Foreign Assets Control Office RULES Iraqi sanctions regulations:

Executive Order 13315 implementation; General License No. 1 issued to allow certain transactions, 46089-46093 04-17615 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Texas, 45673-45674 04-17420 Forest Forest Service NOTICES Environmental statements; notice of intent: Deschutes National Forest, OR, 45670-45671 04-17367 Meetings: Deschutes Provincial Advisory Committee, 45671 04-17366 Geological Geological Survey NOTICES Meetings:

Interagency Steering Committee on Multimedia Environmental Modeling, 45846-45847 04-17350 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Adolescent Family Life Research Program, 45717-45720 04-17357 Historic Historic Preservation, Advisory Council NOTICES Meetings, 45669 04-17351 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 45846 04-17196 Reports and guidance documents; availability, etc.: Homeless Management Information Systems, 45887-45934 04-17097 Indian Indian Affairs Bureau RULES Land and water: Indian Reservation Roads Program— Public information and education meetings, 45586-45587 04-17418 Industry Industry and Security Bureau RULES Export administration regulations: Iraq; exports and reexports; license requirements, Bureau of Industry and Security 46069-46088 04-17532 Interior Interior Department See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service RULES Excise taxes:

Taxable fuel entry, 45587-45589 04-17449 PROPOSED RULES Excise taxes: Taxable fuel entry, 45631-45632 04-17450 International International Trade Administration NOTICES Antidumping: Freshwater crawfish tail meat from— China, 45674-45675 04-17421 Natural bristle paintbrushes and brush heads from— China, 45675-45676 04-17422 Countervailing duties: Pasta from— Italy, 45676-45686 04-17419 International International Trade Commission NOTICES Import investigations: Purified carboxymethylcellulose from— Various countries, 45851-45852 04-17410 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:

Wyoming, 45847-45848 04-17455 Environmental statements; availability, etc.: Colorado Canyons National Conservation Area, CO and UT; resource management plan, 45848-45849 04-17254 Las Vegas Valley Disposal Area, NV, 45849-45850 04-17255 Northeast National Petroleum Reserve, AK— Hearing schedule; Alaska integrated activity plan, 45850-45851 04-17092 Meetings: Wild horse management; helicopters and motor vehicles use— Colorado, 45851 04-17282 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Gulf of Mexico OCS— Geological and geophysical activities, 45851 04-17401 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Biological and Physical Research Advisory Committee, 45853-45854 04-17338 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 45882-45883 04-17432 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands arrowtooth flounder, 45613 04-17413 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Philadelphia Health & Education Corp., 45855 04-17345 Meetings; Sunshine Act, 45856 04-17479 *Applications, hearings, determinations, etc.:* Louisiana Energy Services, L.P., 45854-45855 04-17344 Postal Postal Rate Commission NOTICES Visits to facilities, 45856 04-17400 Presidential Presidential Documents EXECUTIVE ORDERS Iraq; termination of emergency declared in Executive Order 12722 (EO 13350), Executive Order 13350, 46053-46067 04-17636 PROCLAMATIONS *Special observances:* Anniversary of the Americans With Disabilities Act (Proc. 7804), 46051-46052 04-17439 Parents’ Day (Proc. 7803), 46047-46050 04-17577 Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:

Trafficking in Persons Program, 45829-45837 04-17340 Rural Rural Telephone Bank NOTICES Meetings; Sunshine Act, 45671-45672 04-17544 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 45856 04-17458 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 45856-45858 04-17388 Chicago Board Options Exchange, Inc., 45858-45863 04-17389 04-17396 04-17397 Chicago Stock Exchange, Inc., 45863-45864 04-17394 International Securities Exchange, Inc., 45864-45866 04-17393 National Association of Securities Dealers, Inc., 45866-45872 04-17390 04-17391 04-17398 National Securities Clearing Corp., 45872 04-17395 Options Clearing Corp., 45872-45874 04-17387 04-17392 Pacific Exchange, Inc., 45875-45876 04-17386 SBA Small Business Administration RULES Small business size standards:

Hearings and Appeals Office; procedural rules governing cases Correction, 45557-45558 04-17437 NOTICES Disaster loan areas: Alaska, 45876 04-17435 Maryland, 45876 04-17433 Michigan, 45876-45877 04-17434 Small business size standards: Nonmanufacturer rule; waivers— Sporting and athletic goods manufacturing, 45877 04-17436 Social Social Security Administration RULES World War II veterans; special veterans benefits Correction, 45586 04-17332 NOTICES Agency information collection activities; proposals, submissions, and approvals, 45877-45880 04-17333 04-17353 State State Department NOTICES Organization, functions, and authority delegations:

Global AIDS Coordinator, 45880 04-17404 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Opiod Treatment Program, 45837-45845 04-17354 Meetings: Mental Health Services Center National Advisory Council, 45845 04-17334 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 45883-45884 04-17325 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Meetings:

Rehabilitation Research and Development Service Scientific Merit Review Board, 45884 04-17414 Separate Parts In This Issue Part II Housing and Urban Development Department, 45887-45934 04-17097 Part III Transportation Department, Federal Aviation Administration, 45935-45942 04-17188 Part IV Environmental Protection Agency, 45943-46045 04-6298 Part V Executive Office of the President, Presidential Documents, 46047-46052 04-17439 04-17577 Part VI Executive Office of the President, Presidential Documents, 46053-46067 04-17636 Part VII Commerce Department, Industry and Security Bureau, 46069-46088 04-17532 Part VIII Treasury Department, Foreign Assets Control Office, 46089-46093 04-17615 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 146 Friday, July 30, 2004 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 274a [BCIS No. 2152-01] RIN 1615-AA63 Employment Authorization Documents AGENCY: Bureau of Citizenship and Immigration Services, DHS.

ACTION: Interim rule with request for comments. SUMMARY: This interim rule amends Bureau of Citizenship and Immigration Services

(BCIS)regulations governing issuance of Employment Authorization Documents (EADs). Through this rule, BCIS will now establish EAD validity periods based on certain criteria, including: The applicant's immigration status; general processing time for the underlying application or petition; required background checks and response times for background checks by other agencies, as necessary; other security considerations and factors as deemed appropriate by BCIS. BCIS will have discretion to modify EAD validity periods both for initial, renewal, and replacement cards. BCIS also will be able to establish EAD validity periods for classes of aliens and for individuals within those classes whose cases warrant a lesser validity period. The rule also removes current regulatory language limiting EAD validity periods to one-year increments for certain classes of aliens who are required to apply for employment authorization. Finally, the rule amends BCIS regulations to reflect that BCIS will issue EADs to aliens granted asylum by the Department of Justice, Executive Office of Immigration Review (EOIR), with validity periods of up to five years, unless otherwise appropriate. DATES: *Effective date:* This rule is effective July 30, 2004. *Comment date:* Written comments must be submitted on or before September 28, 2004. ADDRESSES: Please submit written comments to the Director, Regulations and Forms Services Division, Department of Homeland Security, 425 I Street, NW., Room 4034, Washington, DC 20536. To ensure proper handling, please reference BCIS No. 2152-01 in your correspondence. You may also submit comments electronically at: *rfs.regs@dhs.gov.* When submitting comments electronically, you *must* include CIS No. 2152-01 in the subject box. Comments are available for public inspection at the above address by calling

(202)514-3291 to arrange for an appointment. FOR FURTHER INFORMATION CONTACT: Jonathan Mills, Residence and Status Services, Office of Program and Regulations Development, Bureau of Citizenship and Immigration Services, Department of Homeland Security, 425 “I” Street, NW., ULLICO Building, Third Floor, Washington, DC 20536, telephone

(202)514-4754. SUPPLEMENTARY INFORMATION: Who Is Affected by This Rule? This interim rule affects aliens who are required to apply for employment authorization or, if employment authorized incident to immigration status, to apply for evidence of employment authorization. This interim rule also affects aliens who have been granted asylum by EOIR and wish to obtain evidence of employment authorization. What Are the Current Requirements for EAD Issuance? Under 8 CFR 274a.12(a), certain aliens are authorized employment incident to their immigration status ( *e.g.* , lawful permanent residents, lawful temporary residents, parolees, aliens in Temporary Protected Status, etc.). Such aliens are eligible to work in the United States regardless of whether they receive an EAD. However, these aliens must apply to BCIS to receive an EAD evidencing their employment authorization. Under 8 CFR 274a.12(c), certain aliens are required to apply for employment authorization before they may begin to work in the U.S. ( *e.g.* , students seeking to perform optical practical training, aliens with pending applications for adjustment of status, etc.). Such aliens must apply to BCIS to receive an EAD authorizing them to work in the United States, as well as evidencing the fact that they are employment authorized. With limited exceptions, most classes of aliens who are employment authorized under 8 CFR 274a.12(a) or 274a.12(c) are required to apply for employment authorization using the Form I-765, Application for Employment Authorization. If BCIS approves the Form I-765, it will issue an EAD. For certain categories, the current regulations specifically limit the EAD validity period to one-year increments. In all other instances, and with limited exceptions, BCIS through policy has set EAD validity periods at one year. Why Is BCIS Removing the Current Regulatory and Policy Limitations on EAD Validity Periods? These regulatory and policy limitations often require an alien whose underlying status is longer than one year, or whose underlying application will remain pending with BCIS for longer than one year, to apply for renewal of the EAD every year, creating a burden on the applicant and an additional workload for BCIS. This rule gives BCIS the discretion and flexibility to modify EAD validity periods for initial, renewal, and replacement cards. BCIS also will establish EAD validity periods for classes of aliens and will preserve the discretion to establish validity periods of varying lengths for individuals within those classes whose cases warrant a lesser validity period. BCIS will issue field guidance to ensure that adjudicators use standard criteria when exercising their discretion in establishing EAD validity periods. For aliens who are employment authorized incident to status, BCIS does not contemplate issuing employment authorization documents that would expire only upon expiration of the alien's status. BCIS must reserve the right to periodically expire such documents and, where appropriate, issue new cards. This will allow BCIS to address any security concerns and to ensure the integrity of the EADs process by preventing fraud or misuse of such documents. BCIS intends to review all classes of aliens who are employment authorized to determine a general validity period for each class. For example, currently BCIS issues permanent resident cards (Form I-551) with ten-year validity periods. Similarly, BCIS intends to issue EADs to asylees with a validity period of five years, unless otherwise appropriate. An expiration date on the card reflects only that the card must be renewed, not that the bearer's work authorization has expired. What Does This Rule Implement? This interim rule amends 8 CFR 274a.12(a) and

(c)to eliminate provisions in the regulations that provide a maximum validity period for certain EADs. This rule also amends 8 CFR 274a.12(a)(5) to reflect that BCIS will issue initial EADs to aliens granted asylum by the EOIR with validity periods of up to five years, unless otherwise appropriate. Good Cause Exception The Department of Homeland Security

(DHS)has determined that good cause exists under 5 U.S.C. 553(b)(B) and (d)(3) to make this rule effective July 30, 2004, for the following reasons: BCIS is modifying the regulations at 8 CFR 274a.12(a)(5) and 274a.13(a) to facilitate BCIS’ immediate compliance with its statutory obligation under the Enhanced Border Security and Visa Entry Reform Act (“Border Security Act”), Pub. L. 107-173, 116 Stat. 543, 556-57; 8 U.S.C. 1158(c)(1)(B), which became effective in May 2002. The Border Security Act requires BCIS to provide asylees with initial evidence of employment authorization. BCIS also is removing the regulatory limitations on certain classes of one-year maximum validity periods to allow BCIS to set more flexible EAD periods. In certain instances, BCIS will be able to set validity periods for longer than one year, thereby benefiting the aliens and reducing BCIS workload associated with yearly EAD issuance. The delay in the implementation of this interim rule for consideration of public comments prior to the effective date of the rule will serve only to increase the current backlog of EAD applications. Accordingly, DHS finds that it would be impracticable and contrary to the public interest to delay the implementation of this rule to allow the prior notice and comment period normally required under 5 U.S.C. 553(b)(B) and(d)(3). DHS nevertheless invites written comments on this interim rule and will consider any timely comments in preparing a final rule. Regulatory Flexibility Act This rule will have a positive significant economic impact on a substantial number of small businesses described in the Regulatory Flexibility Act at 5 U.S.C. 605. With this rule, DHS addresses security concerns and improves BCIS efficiency by giving BCIS more flexibility in determining the appropriate validity period for EADs. Due to security concerns, DHS does not wish to have EADs issued with a validity period that is significantly longer than the immigration status or processing time of the application that the EAD is based upon. However, the validity period needs to be long enough to significantly lessen the burden created by the filing, adjudication, and issuance of EAD renewals. Removing this burden will allow BCIS to better focus its policy and resources upon improving the security and integrity of EADs and the security, integrity, and efficiency of BCIS application processes. In accordance with the President's long-term goal of a standard BCIS application processing time of six months, this rule is forward-looking, giving BCIS the flexibility to lessen the validity period of affected EADs as BCIS processing times make progress toward and then reach the President's goal. Considering all of these factors, DHS believes that a flexible validity period established by policy and taking into account security considerations, application processing times, and other factors is more appropriate than the inflexible validity periods contained in the regulatory provisions in place prior to this interim rule. This change will decrease costs for affected applicants in so far as they will be required to pay the $175 filing fee for the I-765, Application for Employment Authorization, in order to renew their EAD less frequently or, in some situations, not at all. 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 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. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Executive Order 12866 This rule is considered by DHS to be an economically significant regulatory action under Executive Order 12866, section 3(f), Regulatory Planning and Review. Obtaining and then presenting an EAD to an employer is how many aliens verify their identity and employment authorization as required by Form I-9, Employment Eligibility Verification. To obtain an EAD, an applicant must submit a Form I-765, Application for Employment Authorization Document, to the appropriate BCIS service center or district office, along with a $175 fee or request for a fee waiver. The fee is necessary to comply with Public Law 100-459, which requires BCIS to prescribe and collect fees to recover the full cost of processing immigration and naturalization applications, petitions, and associated support benefits. An applicant who cannot afford to pay the fee may submit a fee waiver request by following the instructions in 8 CFR 103.7(c). Therefore, the cost of filing each EAD renewal application is approximately $175. This regulation removes regulatory provisions limiting the validity period for some EADs. At present, BCIS receives more than 950,000 Form I-765 applications for EAD renewal per year. The removal of the regulatory provisions limiting EADs to no more than one year of validity will have no effect by itself. However, there would be an economically significant benefit stemming from the projected BCIS policy change to a process where the validity period of these and certain other EAD categories are established based on based upon security concerns, the underlying application or status, and other appropriate factors. This policy change would reduce the number of Form I-765 applications for EAD renewal in the future. BCIS cannot yet estimate the magnitude of this reduction because the policy change is still under development. However, BCIS does plan to compensate for the lack of a yearly EAD renewal application from affected aliens by ensuring that certain security and background checks are generally completed prior to issuance of EAD that is valid for more than one year. Executive Order 13132 This 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, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. 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. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, Public Law 104-13, all departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting or recordkeeping requirements inherent in a final rule. This rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act. However, as previously stated under Executive Order 12866, the DHS anticipates that as a result of this regulation there will be a reduction in the number of Form I-765 submissions. Accordingly, BCIS has submitted the Paperwork Reduction Change Worksheet (OMB-83C) to the OMB reflecting the reduction in burden hours for Form I-765 and the OMB has approved the changes. List of Subjects in 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements. Accordingly, part 274a of chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 1. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2. 2. Section 274a.12 is amended by: a. Revising the introductory text of paragraph (a); b. Revising paragraph (a)(5); c. Removing the last sentence in paragraph (a)(15); d. Revising paragraph (c); e. Removing the second sentence in paragraph (c)(9); f. Removing the last sentence in paragraph (c)(10); g. Removing the last sentence in paragraph (c)(16); h. Removing the last sentence in paragraph (c)(20); i. Removing the last sentence in paragraph (c)(24); The revisions read as follows: § 274a.12 Classes of aliens authorized to accept employment.

(a)*Aliens authorized incident to status.* Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services

(BCIS)for a document evidencing such employment. BCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States.

(5)An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by BCIS to the alien. An expiration date on the employment authorization document issued by BCIS reflects only that the document must be renewed, and not that the bearer's work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status.

(c)*Aliens who must apply for employment authorization.* An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. BCIS, in its discretion, may establish a specific validity period for an employment authorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending. Dated: July 20, 2004. Tom Ridge, Secretary of Homeland Security. [FR Doc. 04-16938 Filed 7-29-04; 8:45 am]

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