Unknown. Final rule with a request for comments

4,821 words·~22 min read·/register/2011/05/17/2011-11997

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-2011-05-17.xml --- 76 95 Tuesday, May 17, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See National Agricultural Statistics Service See Rural Utilities Service NOTICES Provincial Advisory Committees Charter Re-Establishment, 28414 2011-11987 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

National Animal Health Monitoring System; Emergency Epidemiologic Investigations, 28414-28415 2011-12021 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Outer Continental Shelf Oil and Gas Lease Sales, 28449 2011-12023 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Injury Prevention and Control;

Teleconference, 28438 2011-12076 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 28438 2011-12078 Disease, Disability, and Injury Prevention and Control Special Interest Project; Teleconference, 28437-28438 2011-12080 Disease, Disability, and Injury Prevention and Control Special Interest Projects, 28437 2011-12071 2011-12075 2011-12083 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Statewide Automated Child Welfare Information System Assessment Review Guide, 28438-28439 2011-11995 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Bayou Liberty, mile 2.0, St. Tammany Parish, Slidell, LA, 28311-28312 2011-12003 Sturgeon Bay Ship Canal, Sturgeon Bay, WI, 28309-28311 2011-12011 Safety Zones: Fireworks Display Kanawha River, WV, 28312-28315 2011-12007 Security Zones: Portland Rose Festival on Willamette River, 28315 2011-12010 Vessels Carrying Hazardous Cargo, Sector Columbia River Captain of Port Zone, 28315-28317 2011-11799 PROPOSED RULES Safety Zones:

Ohio River, Mile 355.5 to 356.5, Portsmouth, OH, 28386-28388 2011-12005 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings, 28424 2011-12009 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Renewal of AbilityOne Nonprofit Agency Recordkeeping Requirements, 28424-28425 2011-11980 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 28425 2011-12176 2011-12178 2011-12180 2011-12184 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 28425-28426 2011-12245 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Applications for New Awards: Assistive Technology Act of 1998 Data Collection and Reporting Assistance, 28426-28431 2011-12073 Rehabilitation Long-Term Training; Withdrawal, 28426 2011-12072 Meetings:

Equity and Excellence Commission, 28431 2011-11950 Employment and Training Employment and Training Administration NOTICES Program Year 2011 Allotments and Grants: Workforce Investment, Wagner-Peyser Act, and Workforce Information, 28461-28467 2011-11881 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants: Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, 28318-28326 2011-12095 PROPOSED RULES Approval of Air Quality Implementation Plans:

Ohio and West Virginia; Determinations of Attainment of the 1997 Annual Fine Particle Standard for Four Nonattainment Areas, 28393-28397 2011-12061 NOTICES Delegation of Authority to the State of West Virginia to Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards, 28433-28434 2011-11826 Disclosures of Confidential Business Information: Contractor Toeroek Associates Inc., and Subcontractor Science Applications International Corp., 28434 2011-12059 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Issuance of Statement of Federal Financial Accounting Standard 40, etc.:

Amending Statement of Federal Financial Accounting Standard 6, Accounting for Property, Plant, and Equipment, 28434-28435 2011-11975 Federal Aviation Federal Aviation Administration RULES Amendments of Class D and Class E Airspace: Idaho Falls, ID, 28306-28307 2011-11371 Livermore, CA, 28305-28306 2011-11695 Modification of Class E Airspace; Poplar, MT, 28308 2011-12001 PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 Airplanes, 28373-28379 2011-12015 2011-12016 Amendments and Establishments of Air Traffic Service Routes:

Northeast United States, 28379-28382 2011-12002 Establishments of Class E Airspace: Nephi, UT, 28382-28383 2011-11998 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agricultural Aircraft Operator Certificate Application, 28500 2011-12014 Reporting of Information Using Special Airworthiness Information Bulletin, 28500-28501 2011-11999 Federal Communications Federal Communications Commission PROPOSED RULES Acceleration of Broadband Deployment by Improving Policies Regarding Public Rights of Way and Wireless Facilities Siting, 28397-28403 2011-11966 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Retail Foreign Exchange Transactions, 28358-28373 2011-11853 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2011-12012 28432-28433 2011-12013 Environmental Assessments;

Availability, etc.: Okanogan Public Utility District No. 1 of Okanogan County, WA, 28506-28621 2011-11757 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES National Registry of Certified Medical Examiners, 28403-28405 2011-11934 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 28435 2011-12051 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 28435 2011-12052 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Requirements to Publish Textual Descriptions of Boundaries of Critical Habitat, 28405-28413 2011-11920 Food and Drug Food and Drug Administration RULES Compliance Policy Guides: Surgeons' Gloves and Patient Examination Gloves; Defects; Criteria for Direct Reference Seizure, 28308-28309 2011-12037 Foreign Assets Foreign Assets Control Office NOTICES Identification of Three Entities as Government of Libya Entities Pursuant to Executive Order 13566, 28503-28504 2011-11962 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals for Manufacturing Authority:

Foreign-Trade Zone 104, Mitsubishi Power Systems Americas, Inc., Pooler, GA, 28418 2011-12096 Reorganizations Under Alternative Site Framework: Foreign-Trade Zone 64, Jacksonville, FL, 28418 2011-12091 Voluntary Terminations of Foreign-Trade Subzones Subzone 33C, Sony Corp., Mt. Pleasant, PA, 28418-28419 2011-12090 Forest Forest Service NOTICES Meetings: Fresno County Resource Advisory Committee, 28415-28416 2011-12008 Manti-La Sal National Forest Resource Advisory Committee, 28416 2011-12020 Prince of Wales Resource Advisory Committee, 28416 2011-12086 Geological Geological Survey NOTICES Meetings:

National Geospatial Advisory Committee, 28449-28450 2011-12028 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 28435-28436 2011-12077 2011-12079 2011-12082 2011-12085 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services RULES Requiring Residents Who Live Outside United States to File Petitions According to Form Instructions, 28303-28305 2011-11997 NOTICES Meetings:

President's National Security Telecommunications Advisory Committee, 28443-28444 2011-12053 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Wildland Fire Executive Council, 28445-28446 2011-12097 Proposed Policy on Consultation with Indian Tribes, 28446-28449 2011-11971 International Trade Adm International Trade Administration NOTICES Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review:

Certain Hot-Rolled Carbon Steel Flat Products from India, 28419 2011-12069 Final Results of the 2009-2010 Antidumping Duty Administrative Review: Persulfates from the Peoples Republic of China, 28419-28420 2011-12093 Full Extension of Preliminary Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from the People's Republic of China, 28420-28421 2011-12065 International Trade Com International Trade Commission NOTICES Antidumping Duty Orders; Scheduling of Expedited Five-Year Reviews:

Granular Polytetrafluoroethylene Resin from Italy, 28455-28456 2011-11981 Complaints; Receipts: Solicitation of Comments Relating to Public Interest, 28456-28457 2011-11982 Determination Not to Review Initial Determination; Issuance of Consent Order; and Termination of Investigation: Certain Toner Cartridges and Components Thereof, 28457-28458 2011-11450 Justice Department Justice Department See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Department Annual Progress Report, 28458 2011-12024 Lodging of Consent Decrees Under CERCLA, 28458-28459 2011-11989 2011-11990 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OVC Training and Technical Assistance Center and OJJDP National Training and Technical Assistance Center Evaluation Feedback Form Package, 28459-28460 2011-12026 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rock Burst Control Plan—Pertains to Underground Metal and Nonmetal Mines, 28460 2011-11964 Labor Statistics Labor Statistics Bureau NOTICES Request for Comments on Experimental Aggregation System, 28467-28469 2011-12042 Land Land Management Bureau NOTICES Meetings: California Desert District Advisory Council, 28450 2011-12084 Meetings; Cancellation, 28450 2011-12098 Proposed Reinstatement of Terminated Oil and Gas Leases: Montana, MTM 94684 and MTM 94685, 28452 2011-12033 Montana, MTM 99624 and MTM 99625, 28452 2011-12032 Nevada, NVN-75901, 28451-28452 2011-12034 Nevada, NVN-75955, 28450-28451 2011-12031 Nevada, NVN-84801 and NVN-84802, 28451 2011-12036 New Mexico, NMNM 112906, 28451 2011-12030 Realty Actions:

Recreation and Public Purposes Lease Partial Change of Use of Public Lands in Clark County, NV, 28452-28453 2011-12035 NASA National Aeronautics and Space Administration NOTICES Meetings: Heliophysics Subcommittee, 28470 2011-12104 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28416-28418 2011-12100 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decision that Nonconforming Passenger Cars Are Eligible for Importation: 2005 Mercedes-Benz 350 CLS, 28501-28502 2011-11993 Petitions for Decisions of Inconsequential Noncompliance:

Cooper Tire and Rubber Tire Co., 28502-28503 2011-11991 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NCI Cancer Genetics Services Directory Web-based Application Form and Update Mailer, 28439-28440 2011-12047 Meetings: Center for Scientific Review, 28441-28442 2011-12049 National Center for Research Resources; Amendment, 28443 2011-12045 National Institute of Allergy and Infectious Diseases, 28443 2011-12043 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 28440 2011-12099 National Institute of Diabetes and Digestive and Kidney Diseases, 28443 2011-12041 National Institute of Neurological Disorders and Stroke, 28440-28441 2011-12050 Recombinant DNA Advisory Committee, 28442-28443 2011-12046 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern U.S.:

Northeast Skate Complex Fishery; Framework Adjustment 1, 28328-28332 2011-12068 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Requirements to Publish Textual Descriptions of Boundaries of Critical Habitat, 28405-28413 2011-11920 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Marine Recreational Fisheries Statistics Survey, 28421 2011-11961 Applications: Marine Mammals; File No. 15646, 28421-28422 2011-12056 Fisheries of Pacific Region:

Western Pacific Region, Determination of Overfishing or Overfished Condition, 28422 2011-12054 Permit Applications: Marine Mammals; File No. 16053, 28422-28423 2011-12066 Permits: Marine Mammals; File No. 14259, 28423-28424 2011-12055 National Park National Park Service PROPOSED RULES Special Regulations, Areas of the National Park System: Mammoth Cave National Park, 28388-28392 2011-12038 NOTICES Cesar Chavez Special Resource Study: Alameda, Fresno, Imperial, Kern, Los Angeles, etc., 28453-28454 2011-11978 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 28470 2011-12271 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Domestic Licensing of Source Material: Amendments/Integrated Safety Analysis, 28336-28358 2011-11927 NOTICES Applications and Amendments to Facility Operating Licenses; Biweekly Notice, 28470-28479 2011-11804 Environmental Assessments; Availability, etc.: Carolina Power & Light Co., Brunswick Steam Electric Plant, 28481-28482 2011-12044 Dresden Nuclear Power Station, Grundy County, IL, 28480-28481 2011-12039 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Occupational Injury and Illness Recording and Reporting Requirements, 28383-28386 2011-11965 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety;

National Pipeline Mapping System Data Submissions and Submission Dates for Gas Transmission and Gathering Systems, etc., 28326-28328 2011-11954 Rural Utilities Rural Utilities Service PROPOSED RULES Electric Engineering, Architectural Services, Design Policies and Construction Standards, 28333-28335 2011-11910 Securities Securities and Exchange Commission NOTICES Applications: BF Enterprises, Inc., 28482-28483 2011-12064 Meetings; Sunshine Act, 28483 2011-12191 Self-Regulatory Organizations;

Proposed Rule Changes: EDGA Exchange, Inc., 28489-28491 2011-11973 EDGX Exchange, Inc., 28491-28493 2011-11972 NYSE Arca, Inc., 28483-28489 2011-11967 NYSE Arca, Inc., et al., 28493-28498 2011-12017 Suspension of Trading Orders: Data Fortress Systems Group Ltd., et al., 28499 2011-12092 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pre-Assignment for Overseas Duty, 28499 2011-12060 Culturally Significant Objects Imported for Exhibition Determinations:

Picasso and Braque; The Cubist Experiment, 28499-28500 2011-12057 Statistical Reporting Service See National Agricultural Statistics Service Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28454-28455 2011-12004 2011-12006 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lending and Investment, 28504 2011-11977 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Thrift Supervision Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28444-28445 2011-11968 Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 28506-28621 2011-11757 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. 76 95 Tuesday, May 17, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 204 [CIS No. 2502-11, DHS Docket No.

USCIS-2011-0002] RIN 1615-AB93 Requiring Residents Who Live Outside the United States To File Petitions According to Form Instructions AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule with a request for comments. SUMMARY: The Department of Homeland Security

(DHS)is amending its regulations to establish the location where a Petition for Alien Relative, Form I-130, or a Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, may be filed, accepted, processed and approved through form instructions. DHS is promulgating this rule to reduce DHS costs by reducing filings of a Petition for Alien Relative at non-U.S. Citizenship and Immigration Services (USCIS) international locations, such as United States consulates and embassies, and to increase USCIS's flexibility in administering this program. DHS is removing references to offices, form numbers, approval authorities, and internal procedures from the regulation. DATES: *Effective date:* This rule is effective on August 15, 2011, *Comment period:* Written comments must be submitted on or before July 18, 2011. ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-2011-0002 by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Sunday Aigbe, Chief, Regulatory Products Division, Office of the Executive Secretariat, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Suite 5012, Washington, DC 20529-2020. To ensure proper handling, please reference DHS Docket No. USCIS-2011-0002 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions. • *Hand Delivery/Courier:* Sunday Aigbe, Chief Regulatory Products Division, Office of the Executive Secretariat, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Suite 5012, Washington, DC 20529-2020. Contact Telephone Number

(202)272-8377. FOR FURTHER INFORMATION CONTACT: Adam Klein, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Suite 1100, Washington, DC 20529-2020. Contact Telephone Number

(202)272-1474. SUPPLEMENTARY INFORMATION: I. Public Participation All interested parties are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this final rule. To provide the most assistance to USCIS comments should refer to a specific portion of the final rule, explain the reason for any recommended change, and include data, information, or authority that support that recommended change. *Instructions:* All submissions must include the agency name and DHS Docket No. USCIS-2011-0002 for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov.* II. Background DHS is removing regulatory restrictions on where a Petition for Alien Relative, Form I-130, and a Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, on behalf of a widow or widower may be filed, as well as any prescription of the location or jurisdiction of the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State

(DOS)with regard to the acceptance, processing, and approval of those petitions. A relative petition is used for a citizen or lawful permanent resident

(LPR)of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States. A Petition for Amerasian, Widow(er), or Special Immigrant is used by an Amerasian, widow(er), or special immigrant to classify an alien as such where the alien wishes to immigrate to the United States. After approval of either petition, the eligible family member or alien may apply for an immigrant visa or for adjustment of status to that of an LPR once a visa number becomes available. *See* Immigration and Nationality Act, as amended (INA), section 203, 245(a), 8 U.S.C. 1153 and 1255(a); 22 CFR 42.41; 8 CFR 245.1(a). No changes are made to regulations pertaining to the eligibility of alien relatives to immigrate to the United States. III. Reason for This Change DHS regulations currently provide that certain petitioners residing in countries where USCIS does not have an international office may file a relative petition or petition by a widow or widower at a U.S. consulate abroad and that these petitions may be accepted and approved by a consular officer. *See* 8 CFR 204.1(e). DHS is amending the regulations to require that all petitioners who reside outside the United States file a relative petition or petition by a widow or widower according to the form instructions. *See* new 8 CFR 204.1(b). USCIS will amend the form instructions for relative petitions concurrently with this rulemaking to provide the option of either mailing the petition to the USCIS Chicago Lockbox, or filing at the USCIS international office if the petitioner resides in a country where USCIS has an office. USCIS will not be amending form instructions relative to a petition by a widow or widowers at this time. USCIS may change these form instructions in the future as the USCIS transformation progresses or as necessary to shift filings among USCIS offices for processing efficiency. This rule represents another step DHS is taking to remove unnecessary internal USCIS procedures from regulations and to transition toward an electronic environment and away from the filing in a paper-based environment. *See Removing References to Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service; Adding a Provision To Facilitate the Expansion of the Use of Approved Electronic Equivalents of Paper Forms,* 74 FR 26933 (June 5, 2009). Further, USCIS is modernizing its processes and systems to accommodate and encourage greater use of electronic data submission, including e-filing and electronic interaction. Regulations that prescribe filing locations and adjudicative jurisdictions undermine this transformation process, and this rule will help alleviate that problem. DHS will achieve cost-savings by changing the location of filing Petitions for Alien Relatives. The current practice of requiring or permitting petitioners who live outside the United States to file a relative petition at DOS consular offices is inefficient and requires reimbursement. USCIS has reached an agreement, as required by law, with the DOS Consular Service for the provision of lockbox and receipting services and must reimburse DOS for the costs of those services. *See* 31 U.S.C. 1535. USCIS is able to receive these petitions at a lower cost than DOS charges USCIS. USCIS cannot realize these cost savings until the regulations eliminate the option of filing with DOS consular offices by petitioners who live outside the United States. *See* 8 CFR 204.1(e). This final rule removes those filing provisions. This change will reduce inefficiencies, improve the ability of USCIS to manage its workload, and reduce the burden on DOS. After this rule takes effect, petitioners residing outside of the United States will file their petitions as directed by the form instructions. USCIS will alter its form instructions to provide for the filing of Petition for Alien Relative with the in-country USCIS office or by mail to a lockbox in the United States if there is no in-country USCIS office. Filing locations and procedures will remain available on USCIS forms and the USCIS Web site. Customer service will remain available where USCIS has an international presence and through email. Internal USCIS procedures will govern who accepts, adjudicates, and approves petitions. DHS is revising 8 CFR 204.1 to remove paragraphs (c), (d), and (e), and revising paragraph

(b)to cross reference 8 CFR 103.2. New 8 CFR 204.1(b). DHS is removing current paragraphs (c), (d), and (e), because they are redundant with 8 CFR 103.2 and contain unnecessary internal procedures. DHS is making those revisions to standardize what is considered proper filing among all benefit types, and increase flexibility by removing form numbers, form titles, USCIS and DHS job titles, specific duties assigned to personnel, and internal operational procedures. DHS is systematically removing references to form numbers and form titles in all USCIS regulations. Mandating a specific form number reduces USCIS's flexibility to modify its business processes to change filing procedures. By removing 8 CFR 204.1(e) DHS is also removing the requirement in that section that a self-petitioning spouse or child of an abusive United States citizen or lawful permanent resident file the petition with a USCIS office in the United States. Nevertheless, DHS is making no substantive changes in this rule that affect potential filers of either alien relative or widow(er) petitions. USCIS may change the Petition for Amerasian, Widow(er) or Special Immigrant in the future after complying with the applicable public notice requirements and obtaining Office of Management and Budget

(OMB)approval. IV. Statutory and Regulatory Requirements A. Administrative Procedure Act The Administrative Procedure Act

(APA)requires DHS to provide public notice and seek public comment on regulations with limited exceptions, including “* * * rules of agency organization, procedure or practice.” 5 U.S.C. 553(b)(A). Under this rule, USCIS will no longer accept hand delivery of petitions at a United States consulate by DOS officers. International postal or delivery costs may slightly increase filing expenses for a relative petition filed by some individuals residing outside the United States. These minor changes, however, do not substantially affect a substantive right. *See, e.g.,* *James V. Hurson Associates, Inc.* v. *Glickman,* 229 F.3d 277 (DC Cir. 2000) (“[A]n otherwise-procedural rule does not become a substantive one, for notice-and-comment purposes, simply because it imposes a burden on regulated parties.”); *see also JEM Broad. Co.* v. *FCC,* 22 F.3d 320, 326 (DC Cir. 1994). Nonetheless, DHS believes that public input may be valuable and invites the public to comment on this change. B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)mandates that DHS conduct a regulatory flexibility analysis when it publishes any general notice of proposed rulemaking. 5 U.S.C. 603(a). RFA analysis is not required when a rule is exempt from notice and comment rulemaking. DHS has determined that this rule is exempt from the notice-and-comment requirements in 5 U.S.C. 553(a), and, therefore, a regulatory flexibility analysis is not required. This procedural rule will impact only individuals, not small entities as defined by the Regulatory Flexibility Act. C. Unfunded Mandates Reform Act of 1995 This rule will not result in 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. 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 Fairness Act of 1996. This rule will not result in an annual effect of $100 million or more on the economy; a major increase in costs or prices; or significant 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 export markets. E. Executive Order 12866 and Executive Order 13563 DHS does not consider this rule to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, as supplemented by Executive Order 13563. Accordingly, this rule has not been submitted to the OMB for review. DHS has considered the benefits and costs associated with the changes made in this rule and has determined that the benefits justify the potential costs. DHS is taking this action to increase operational efficiency and to control USCIS costs for processing relative petitions. In fiscal year

(FY)2010, a total of 697,162 relative petitions were processed by USCIS, 8,135 of them by USCIS international offices. In that same year, DOS accepted and processed 9,497 relative petitions in countries where USCIS has no overseas office and 6,576 in countries where USCIS is located. 1 In FY 2010, DOS began charging USCIS for services rendered in accepting or processing relative petitions. As a fee-funded agency, USCIS is statutorily authorized to collect fees at a level that will ensure recovery of the full costs of providing adjudication and naturalization services, including administrative costs and services provided without charge to certain applicants and petitioners. *See* INA section 286(m), 8 U.S.C. 1356(m). The current fee of $420 for a relative petition does not cover the DOS charges. Therefore, DHS will adjust its internal processes to avoid the DOS charge, thereby maintaining the integrity of the current fee schedule for relative petitions. 1 It is not always clear to what extent DOS processes each alien relative petition from examining the volume data. In some cases, DOS is able to fully adjudicate and process the petition, while more complex adjudicative cases are forwarded to USCIS for processing and decision. Thus, DHS is hesitant to draw statistical comparisons between DOS and DHS processing data, especially in cases where there is a USCIS international office. Instructions for filing relative petitions will be amended concurrently with this final rule. Instructions for filing relative petitions will provide the option of either mailing the petition to the USCIS Chicago Lockbox, or filing at the USCIS international office if the petitioner resides in a country where USCIS has an office. Depending upon the unique circumstances of the United States citizen or lawful permanent resident petitioner, this rule could result in a cost savings or additional burden to the petitioner. Travel costs and mailing costs vary widely among individual petitioners. Thus, DHS cannot precisely estimate the costs or savings impacts of the rule. For example, when a petitioner resides in a country with no USCIS presence, the rule could provide a cost savings if mailing the petition is less expensive than the cost of traveling to the nearest DOS office, or vice versa. DHS believes that the benefits of streamlining USCIS operations in processing alien relative petitions to avoid DOS charges justifies the potential cost impact on petitioners residing in international locations. 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, DHS has 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 rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. H. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA), DHS submits to OMB for review and approval any reporting or recordkeeping requirements inherent in a regulatory action. 44 U.S.C. 3506. The information collection burden for the Petition for Alien Relative has been approved by OMB and assigned OMB control number 1615-0012. This rule does not impose any new reporting or recordkeeping requirements under the PRA. However, USCIS is making minor changes to the Petition for Alien Relative (Form I-130) instructions to instruct petitioners about where to file. Accordingly, USCIS will submit a Correction Worksheet, Form OMB 83-C, and amended instructions to OMB for review and approval in accordance with the PRA. List of Subjects in 8 CFR Part 204 Administrative practice and procedures, Immigration, Reporting and recordkeeping requirements. Accordingly, DHS is amending part 204 of chapter I of title 8 of the Code of Federal Regulations as follows: PART 204—IMMIGRANT PETITIONS 1. The authority citation for part 204 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255; 1641; 8 CFR part 2. Subpart A—Immigrant Visa Petitions 2. Section 204.1 is amended by revising paragraph

(b)and removing and reserving paragraphs (c), (d), and (e). The revision reads as follows: § 204.1 General information about immediate relative and family-sponsored petitions.

(b)*Proper filing.* A petition for alien relative and a petition for Amerasian, widow(er), or special immigrant must be filed on the form prescribed by USCIS in accordance with the form instructions, and will be considered properly filed when the petition is filed in accordance with 8 CFR 103.2. The filing date of a petition is the date it is properly filed and received by USCIS. That date will constitute the priority date. Janet Napolitano, Secretary. [FR Doc. 2011-11997 Filed 5-16-11; 8:45 am]

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