Unknown. Final rule

4,542 words·~21 min read·/register/2010/08/09/2010-19620·

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-2010-08-09.xml --- 75 152 Monday, August 9, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Meetings: Animal Traceability, 47769-47770 2010-19565 Army Army Department See Engineers Corps NOTICES Meetings: Board of Visitors, Defense Language Institute Foreign Language Center, 47797 2010-19546 Board of Visitors, Defense Language Institute Foreign Language Center;

Cancellation, 47797 2010-19547 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47818-47819 2010-19555 Civil Civil Rights Commission NOTICES Meetings: Tennessee Advisory Committee; Agenda, 47770 2010-19531 Coast Guard Coast Guard RULES Regulated Navigation Areas: Galveston Channel, TX, 47713-47715 2010-19521 Safety Zones: Kanawha River Mile 56.7 to 57.6, Charleston, WV, 47715-47717 2010-19520 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47770 2010-19529 Commodity Commodity Futures Trading Commission PROPOSED RULES Acknowledgment Letters for Customer Funds and Secured Amount Funds, 47738-47746 2010-19553 Comptroller Comptroller of the Currency NOTICES Joint Report to Congressional Committees: Differences in Accounting and Capital Standards Among the Federal Banking Agencies, 47900-47903 2010-19499 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 47795-47796 2010-19729 2010-19731 2010-19734 Defense Defense Department See Army Department See Defense Logistics Agency See Engineers Corps RULES TRICARE:

Elimination of Voluntary Disenrollment Lock-Out, 47712-47713 2010-19309 Extended Care Health Option, 47710-47712 2010-19312 NOTICES Meetings: Federal Advisory Committee; Department of Defense Wage Committee; Closed, 47796 2010-19544 Defense Defense Logistics Agency NOTICES Privacy Act; Systems of Records, 47797-47798 2010-19543 Education Education Department NOTICES Special Demonstration Programs: Model Demonstration Projects to Improve Outcomes for Individuals Receiving Social Security Disability Insurance (SSDI), etc., 47801-47804 2010-19585 Project to Improve Outcomes for Individuals Receiving Social Security Disability Insurance, etc., 47798-47801 2010-19609 Election Election Assistance Commission PROPOSED RULES National Voter Registration Act, 47729-47734 2010-19514 Employment Employment and Training Administration NOTICES Cooperative Agreements under Disability Employment Initiative:

Availability of Funds and Solicitation for Grant Applications (SGA), 47827-47839 2010-19602 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: San Clemente Shoreline Feasibility Study in San Clemente, CA, 47796-47797 2010-19548 EPA Environmental Protection Agency PROPOSED RULES Determinations of Nonattainment and Reclassifications of 1997 8-hour Ozone Nonattainment Areas: Dallas/Fort Worth, TX, 47746-47751 2010-19574 Executive Office of the President See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings;

Sunshine Act:, 47809 2010-19735 FAA Federal Aviation Administration RULES Amendment of VOR Federal Airways V-8, V-14, V-38, V-47, V-279, and V-422 in the Vicinity of Findlay, OH, 47709-47710 2010-19271 PROPOSED RULES Airworthiness Directives: PIAGGIO AERO INDUSTRIES S.p.A. Model PIAGGIO P-180 Airplanes, 47734-47736 2010-19551 Amendments of Class D and E Airspace, Establishments of Class E Airspace: Patuxent River, MD, 47736-47737 2010-19583 Proposed Revocation of Colored Federal Airway G-4;

Alaska; Withdrawal, 47737-47738 2010-19489 NOTICES Meetings: RTCA Special Committee 135; Environmental Conditions and Test Procedures for Airborne Equipment, 47881 2010-19613 Noise Exposure Maps: T.F.Green Airport, Warwick, RI, 47881-47882 2010-19611 Petitions For Exemptions: Summary of Petition Received, 47882-47883 2010-19512 Requests to Release Airport Property: Dubois Regional Airport; Reynoldsville, PA, 47891-47892 2010-19535 FCC Federal Communications Commission PROPOSED RULES Rural Health Care Universal Service Support Mechanism, 48236-48272 2010-19459 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47809-47810 2010-19552 FDIC Federal Deposit Insurance Corporation NOTICES Joint Report to Congressional Committees: Differences in Accounting and Capital Standards Among the Federal Banking Agencies, 47900-47903 2010-19499 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Proposed Flood Elevation Determinations: Correction, 47751-47753 2010-19550 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Federal Emergency Management Agency Housing Inspection Services Customer Satisfaction Survey, 47823 2010-19516 U.S. Fire Administration's National Fire Academy Evaluation, 47824-47825 2010-19517 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47804-47805 2010-19523 Combined Filings: Electric Rate, 47805-47808 2010-19525 Competing Preliminary Permit Applications Accepted for Filing and Soliciting Comments, etc.:

Alabama Municipal Electric Authority, 47808 2010-19524 Preliminary Permit Applications Accepted for Filing and Soliciting Comments, etc.: Verde Hydro, LLC, 47808-47809 2010-19522 Federal Highway Federal Highway Administration NOTICES Requests For Information: IntelliDrive Performance Measurement and Performance-Based Management Demonstrations, 47888-47891 2010-19534 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License

(CDL)Standards: Volvo Trucks North America; Renewal of Exemption, 47880-47881 2010-19589 Procedural Changes to Performance and Registration Information Systems Management Program: Elimination of USDOT Number Registrant-Only Classification, 47883 2010-19593 Qualifications Of Drivers: Vision; Exemption Applications, 47883-47888 2010-19592 2010-19594 Federal Railroad Federal Railroad Administration NOTICES Applications for Approval of Discontinuance or Modification of Railroad Signal System, 47880 2010-19490 Federal Reserve Federal Reserve System NOTICES Joint Report to Congressional Committees: Differences in Accounting and Capital Standards Among the Federal Banking Agencies, 47900-47903 2010-19499 FTC Federal Trade Commission NOTICES Granting of Request for Early Termination of Waiting Period Under Premerger Notification Rules, 47810-47812 2010-19361 Fish Fish and Wildlife Service NOTICES Endangered Species Emergency Permits: Rehabilitation of Sea Turtles Affected by Deepwater Horizon Oil Spill, Gulf of Mexico, 47825-47826 2010-19557 Food Food and Drug Administration NOTICES Comprehensive List of Guidance Documents at Food and Drug Administration, 48180-48233 2010-19342 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 47821-47822 2010-19484 Generic Drug User Fee, 47820-47821 2010-19537 Optimizing Clinical Trial Design for Development of Pediatric Cardiovascular Devices; Public Workshop, 47819-47820 2010-19530 Food Food Safety and Inspection Service PROPOSED RULES Changes to Schedule of Operations Regulations, 47726-47729 2010-19346 Foreign Foreign Assets Control Office NOTICES Designation of Two Entities and Seven Individuals Pursuant to Executive Order (13224), 47899-47900 2010-19618 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Black Hills National Forest, Mystic Ranger District, SD, Pactola Project Area, 47755-47756 2010-19532 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Privacy Act; Systems of Records, 47812-47817 2010-19536 Test Tools and Test Procedures Approved for

(ONC)Temporary Certification Program: Availability, 47817 2010-19533 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47817-47818 2010-19549 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Employment Authorization for Dependents of Foreign Officials, 47699-47701 2010-19620 Interior Interior Department See Fish and Wildlife Service See National Park Service IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-19491 47892-47894 2010-19495 2010-19496 2010-19497 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Limited Payability Claim Against United States for Proceeds of Internal Revenue Refund Check, 47895 2010-19494 Regulation Project, 47894-47898 2010-19493 2010-19501 2010-19502 2010-19504 2010-19506 2010-19508 Revenue Procedure (2001-56), 47898-47899 2010-19500 International International Trade Administration NOTICES Extension of Time Limit for Preliminary Results of Seventh Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets from Socialist Republic of Vietnam, 47771 2010-19576 Final Results and Partial Rescissions of Antidumping Duty Administrative Reviews: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 47771-47777 2010-19577 Final Results of Antidumping Duty Administrative Reviews: Certain Cut-to-Length Carbon-Quality Steel Plate Products from Italy, 47777-47779 2010-19578 Preliminary Results of Antidumping Duty Administrative Reviews: Purified Carboxymethylcellulose from Finland, 47788-47794 2010-19581 Stainless Steel Sheet and Strip in Coils from Mexico, 47780-47788 2010-19579 Rescissions of Antidumping Duty Administrative Reviews: Certain Polyester Staple Fiber from Korea, 47795 2010-19610 International International Trade Commission NOTICES Meetings; Sunshine Act, 47827 2010-19736 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Millenium Millennium Challenge Corporation NOTICES Quarterly Reports: (January 1, 2010 - March 31, 2010), 47839-47855 2010-19474 National Highway National Highway Traffic Safety Administration RULES Motor Vehicle Theft Prevention Standards: Final Theft Data; Correction, 47720-47725 2010-19100 NIH National Institutes of Health NOTICES Meetings: National Institute on Alcohol Abuse and Alcoholism; Closed, 47819 2010-19558 NOAA National Oceanic and Atmospheric Administration NOTICES Issuances of Permit Amendments: Marine Mammals (File No. 14241), 47779-47780 2010-19556 Meetings: New England Fishery Management Council, 47780 2010-19541 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Cumberland Gap National Historical Park, Kentucky, Tennessee and Virginia, 47826-47827 2010-19510 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47855-47856 2010-19560 Environmental Impact Statements; Availability, etc.: Nebraska Pubic Power District, Cooper Nuclear Station; Final Supplement, 47856 2010-19564 Requests for Comments: Draft Emergency Action Level Frequently Asked Questions, 47856-47857 2010-19559 Occupational Occupational Safety and Health Administration RULES Cranes and Derricks in Construction, 47906-48177 2010-17818 Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47770-47771 2010-19612 Pension Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Locating and Paying Participants, 47857-47858 2010-19515 Postal Postal Service RULES Content of Periodicals Mail, 47717-47720 2010-19619 RUS Rural Utilities Service NOTICES Grant Application Deadlines and Funding Levels: Assistance to High Energy Cost Rural Communities, 47756-47769 2010-19509 SEC Securities and Exchange Commission NOTICES Applications: Kohlberg Capital Corp., 47860-47863 2010-19527 Meetings; Sunshine Act, 47863 2010-19713 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 47863-47869 2010-19505 NASDAQ OMX BX, Inc., 47869-47871, 47875-47877 2010-19607 2010-19519 NASDAQ OMX PHLX, Inc., 47874-47875 2010-19528 NASDAQ Stock Market LLC, 47871-47874 2010-19606 SBA Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47858 2010-19563 Disaster Declarations: Kentucky; Amendment (1), 47859 2010-19503 Ohio, 47858-47859 2010-19561 2010-19562 SBA Draft Strategic Plans: 2011-2016 Fiscal Years; Availability and Request for Public Comment, 47859-47860 2010-19507 State State Department NOTICES Meetings: Advisory Committee on Private International Law; UNCITRAL Working Group on International Arbitration and Conciliation, 47877 2010-19614 Shipping Coordinating Committee, 47877-47878 2010-19615 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Treatment National Advisory Council, 47819 2010-19539 Surface Surface Transportation Board NOTICES Abandonment Exemptions: Indiana Rail Road Co. in Sullivan County, IN, 47879-47880 2010-19540 Thrift Thrift Supervision Office NOTICES Appointments Of Receivers: Bayside Savings Bank, Port St. Joe, FL, 47899 2010-19364 Joint Report to Congressional Committees: Differences in Accounting and Capital Standards Among the Federal Banking Agencies, 47900-47903 2010-19499 Trade Trade Representative, Office of United States NOTICES Andean Trade Preference Act (ATPA): 2010 Annual Review, 47878-47879 2010-19554 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Transportation for Individuals with Disabilities: Public Meeting and Extension of Comment Period, 47753-47754 2010-19673 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47822-47823 2010-19595 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, 47824 2010-19608 Customs U.S. Customs and Border Protection RULES Electronic System for Travel Authorization (ESTA): Travel Promotion Fee and Fee for Use of System, 47701-47709 2010-19700 NOTICES Cancellations of Customs Broker Licenses, 47825 2010-19477 2010-19492 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 47906-48177 2010-17818 Part III Health and Human Services Department, Food and Drug Administration, 48180-48233 2010-19342 Part IV Federal Communications Commission, 48236-48272 2010-19459 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 152 Monday, August 9, 2010 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 214 and 274a [CIS No. 2492-10; DHS Docket No. USCIS-2010-0003] RIN 1615-AB87 Employment Authorization for Dependents of Foreign Officials AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security

(DHS)is amending its regulations governing the employment authorization for dependents of foreign officials classified as A-1, A-2, G-1, G-3, and G-4 nonimmigrants. This rule expands the list of dependents who are eligible for employment authorization from spouses, children, and qualifying sons and daughters of A or G foreign officials to include any other immediate family member who falls within a category of aliens designated by the Department of State as qualifying. This change to DHS regulations provides the Department of State with greater flexibility when entering into bilateral agreements and arrangements with other countries that would extend employment authorization to immediate family members who are recognized as such by the Department of State. DATES: *Effective date:* This rule is effective August 9, 2010. FOR FURTHER INFORMATION CONTACT: Julia C. Kennedy, Adjudications Officer, Business Employment Services Team, Service Center Operations Directorate, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529-2060, telephone

(202)272-8410. SUPPLEMENTARY INFORMATION: I. Background As provided by section 101(a)(15)(A) and

(G)of the Immigration and Nationality Act (INA), certain immediate family members of foreign officials are eligible for A-1, A-2, G-1, G-3, and G-4 derivative visa classifications. 8 U.S.C. 1101(a)(15)(A) and (G). Department of State

(DOS)regulations at 22 CFR 41.21(a)(3) define immediate family to include “the spouse and unmarried sons and daughters, whether by blood or adoption, who are not members of some other household, and who will reside regularly in the household of the principal alien.” The “immediate family” of an A or G principal alien also includes individuals who: • Are not members of some other household; • Will reside regularly in the household of the principal alien; • Are recognized as immediate family members of the principal alien by the sending Government as demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or official passport, or travel or other allowances; and • Are individually authorized by the Department of State. This definition of “immediate family” reflects an amendment made by DOS in July 2009 removing the requirement that members of the A or G principal alien's household, beyond the alien's spouse and dependent children, must be related to the alien by blood, marriage, or adoption. 74 FR 36112. DOS explained that the purpose of this amendment was to provide for “greater flexibility in responding to requests by foreign governments to issue a diplomatic visa to a person who regularly resides with and is a member of the household of a qualified principal alien and is considered by the principal alien and the sending Government to be a member of the immediate family of the principal alien.” *Id.* Once in the United States under A or G nonimmigrant status, certain immediate family members of A and G principal aliens may request employment authorization from U.S. Citizenship and Immigration Services (USCIS), after obtaining a favorable determination from DOS and meeting other eligibility requirements. *See* 8 CFR 214.2(a)(6) and (g)(6). These immediate family members are called “dependents” under Department of Homeland Security

(DHS)regulations. Currently, the only dependents of A and G foreign officials listed in DHS regulations who are eligible to receive employment authorization, if habitually residing with such officials, include the: • Spouse; • Unmarried children under the age of 21; • Unmarried sons or daughters under the age of 23 who are in full-time attendance as students at post-secondary educational institutions; • Unmarried sons or daughters under the age of 25 who are in full-time attendance as students at post-secondary educational institutions if a formal bilateral employment agreement permitting their employment in the United States was signed prior to November 21, 1988, and if such bilateral employment agreement does not specify 23 as the maximum age for employment of such sons and daughters. The Office of Protocol of the Department of State shall maintain a listing of foreign states with which the United States has such bilateral employment agreements; • Unmarried sons or daughters who are physically or mentally disabled to the extent that they cannot adequately care for themselves or cannot establish, maintain or re-establish their own households. DOS or DHS may require certification(s) necessary to document such mental or physical disability. *See* 8 CFR 214.2(a)(2)(i) to

(v)and (g)(2)(i) to (v); 8 CFR 274a.12(c)(1) and (4); *see also,* *e.g., http://www.state.gov/documents/organization/95030.pdf* (Bilateral Agreement between the United States and Kenya). The extension of employment authorization to select dependents of foreign officials is based on reciprocity stemming from formal bilateral agreements and informal *de facto* arrangements. *See* 8 CFR 214.2(a)(3), (a)(5), (g)(3), and (g)(5). A bilateral agreement is a signed, written agreement which has been negotiated by both the United States (through DOS) and a foreign country. Such agreements generally provide that, on the basis of their status, dependents of members of diplomatic missions and consular posts (“mission members”) in the United States will be issued employment authorization. In turn, such agreements generally provide employment authorization for dependents of United States mission members in the foreign country that signed the agreement. Informal *de facto* arrangements develop when DOS determines that a foreign government is issuing a work permit to a dependent of a U.S. mission member assigned to duty in that foreign country. Based on that determination, the U.S. government may provide reciprocal employment authorization for dependents of mission members of that foreign country assigned to duty in the United States. A *de facto* arrangement is based on current practices and policies rather than mutually-negotiated, well-defined obligations. However, such arrangements contribute to making duty in a foreign country more attractive to U.S. mission members whose dependents wish to work. While DOS is authorized to enter into bilateral agreements and *de facto* arrangements, its authority to negotiate for the employment authorization of immediate family members of A or G foreign officials is limited by the definition of “dependent” in DHS regulations. DOS has advised DHS that the limitations in the current regulations are unnecessary and hinder DOS's ability to recognize, for policy reasons, a broader spectrum of individuals who may be eligible for employment authorization. Determining which individuals are immediate family members of foreign officials and what benefits they may receive while in the United States is a matter of foreign policy within the purview of DOS. Accordingly, DHS, in consultation with DOS, is amending its regulations to be more flexible and allow DOS the necessary deference to determine which immediate family members of foreign officials are qualifying dependents for purposes of employment authorization. II. Changes to the Definition of “Dependent” This final rule amends the definitions of A and G dependents by adding a new category of dependents who may be eligible for employment authorization. This new category includes any immediate family member of an A or G foreign official with A or G nonimmigrant status who is covered by DOS regulations at 22 CFR 41.21(a)(3)(i) to

(iv)and falls within a category of aliens recognized by the DOS as qualifying dependents. *See* new 8 CFR 214.2(a)(2)(vi) and (g)(2)(vi) (cross-referencing 22 CFR 41.21(a)(3)). This amendment means that, in addition to spouses, children, and unmarried sons and daughters of A and G principal aliens, other categories of immediate family members in the United States in A or G nonimmigrant status could be eligible for employment authorization, as determined by DOS. Qualifying dependents must fall within a bilateral work agreement or *de facto* arrangement, listed on DOS's Web site at *http://www.state.gov/m/dghr/flo/c24338.htm* . This final rule also makes conforming amendments to the employment authorization regulations at 8 CFR 274a.12(c)(1) and

(4)governing dependents of relevant A and G visa holders. Specifically, the amendments remove references to the spouses and children of A and G principals. III. Regulatory Requirements A. Administrative Procedure Act This final rule is exempt from the rulemaking provisions of 5 U.S.C. 553 as a foreign affairs function of the United States. This rulemaking amends DHS regulations to extend eligibility for employment authorization to categories of dependents of A or G foreign officials in A or G nonimmigrant status, as determined by DOS, beyond the spouses and dependent children of such officials. This amendment will provide greater flexibility to DOS when negotiating bilateral agreements and arrangements with foreign governments regarding employment authorization for dependents of foreign officials. Specifically, DOS will be better able to respond to foreign government requests to issue diplomatic visas and extend employment authorization to persons residing with A and G principal aliens and considered by the sending Government to be immediate family members. Since this final rule involves U.S. foreign policy and bilateral agreements and arrangements, it is considered a foreign affairs function of the United States and is exempt from notice and comment rulemaking and delayed effective date requirements under 5 U.S.C. 553. Further, DHS maintains that it is important to implement this rule as quickly as possible to allow U.S. foreign officials currently being assigned to overseas positions to obtain reciprocal recognition and benefits for immediate family members as defined under the revised Department of State regulations. We have been advised that immediate family members of U.S. foreign officials have been denied work authorization overseas. Delay in implementation of this regulation would have the definitive, undesirable consequence of the continued denial of work authorization for immediate family members of U.S. foreign officials in certain foreign countries. 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 Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 603 and 604. Consequently, no regulatory flexibility analysis has been prepared. DHS does note that this regulation does not directly regulate any small entities, as defined in 5 U.S.C. 601(6). C. The 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. The Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121. 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 adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets. E. Executive Order 12866 Section 3(d)(2) of Executive Order 12866 provides that the Executive Order does not apply to a proposed regulation that involves a foreign affairs function of the United States, and thus it does not apply to this rule. As previously discussed in more detail in the “Administrative Procedure Act” section, this rule will provide DOS with greater flexibility when negotiating with foreign governments regarding employment authorization for certain dependents of A and G principal aliens. F. 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. G. Executive Order 12988: Civil Justice Reform This final rule meets the relevant standards in sections 3(a) and 3(b)(2) of Executive Order 12988. H. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 *et seq.,* all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting requirements inherent in a rule. This rule will require some minor edits to the Form I-566, Inter-Agency Record of Individual Requesting Change/Adjustment to or From A or G Status; or Requesting A, G, or NATO Dependent Employment Authorization, (currently approved OMB Control No. 1615-0027). Accordingly, USCIS has submitted an OMB 83-C, Correction Worksheet, to OMB for review and approval for the minor edits to the form and instructions. List of Subjects 8 CFR Part 214 Administrative practice and procedure, Aliens, Employment, Foreign officials, Health professions, Reporting and recordkeeping requirements, Students. 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, and Reporting and recordkeeping requirements. Accordingly, chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 214—NONIMMIGRANT CLASSES 1. The authority citation for part 214 continues to read as follows: Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; Title VII of Public Law 110-229; 8 CFR part 2. 2. Section 214.2 is amended by: a. Removing the “.” at the end of paragraph (a)(2)(v) and adding “; or” in its place; b. Adding a new paragraph (a)(2)(vi); c. Removing the word “and” at the end of paragraph (g)(2)(iv); d. Removing the “.” at the end of paragraph (g)(2)(v) and adding “; or” in its place; and by e. Adding a new paragraph (g)(2)(vi). The additions read as follows: § 214.2 Special requirements for admission, extension, and maintenance of status.

(a)* * *

(2)* * *

(vi)An immediate family member of an A-1 or A-2 principal alien described in 22 CFR 41.21(a)(3)(i) to

(iv)with A-1 or A-2 nonimmigrant status, who falls within a category of aliens recognized by the Department of State as qualifying dependents.

(g)* * *

(2)* * *

(vi)An immediate family member of a G-1, G-3, or G-4 principal alien described in 22 CFR 41.21(a)(3)(i) to

(iv)with G-1, G-3, or G-4 nonimmigrant status who falls within a category of aliens designated by the Department of State as qualifying dependents. PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 3. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1324a; Title VII of Pub. L. 110-229; 8 CFR part 2 4. Section 274a.12 is amended by revising paragraphs (c)(1) and (c)(4) to read as follows: § 274a.12 Classes of aliens authorized to accept employment.

(c)* * *

(1)An alien dependent of a foreign government official A-1 or A-2 principal alien defined in 8 CFR 214.2(a)(2), and who presents a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State;

(4)An alien dependent of an officer of, representative to, or employee of an international organization G-1, G-3, or G-4 principal alien defined in 8 CFR 214.2(g)(2), and who presents a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State; Janet Napolitano, Secretary. [FR Doc. 2010-19620 Filed 8-6-10; 8:45 am]

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