Unknown. Final rule; correction
5,484 words·~25 min read·
/register/2011/11/29/2011-30510A 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-2011-11-29.xml --- 76 229 Tuesday, November 29, 2011 Contents Agriculture Agriculture Department See Food and Nutrition Service Air Force Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73604-73605 2011-30651 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: National Healthy Worksite Program; Information Webinar Series, 73647-73648 2011-30649 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73648-73650 2011-30729 2011-30732 Coast Guard Coast Guard RULES Drawbridge Operations: Saugus River, Lynn and Revere, MA, 73510-73511 2011-30720 Safety Zones: M/V Davy Crockett, Columbia River, 73511-73513 2011-30697 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73586-73587 2011-30573 2011-30606 Comptroller Comptroller of the Currency PROPOSED RULES Alternatives to the Use of External Credit Ratings in the Regulations of the Office of the Comptroller of the Currency, 73526-73534 2011-30428 NOTICES Guidance on Due Diligence Requirements: Determining Whether Investment Securities Are Eligible for Investment, 73777-73780 2011-30420 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73602 2011-30616 Defense Department Defense Department See Air Force Department PROPOSED RULES Federal Acquisition Regulations: Updates to Contract Reporting and Central Contractor Registration, 73564-73570 2011-30622 NOTICES Privacy Act; Systems of Records, 73602-73604 2011-30631 2011-30698 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;
Registrations, 73678-73679 2011-30687 Manufacturers of Controlled Substances; Applications, 2011-30685 73679 2011-30689 Manufacturers of Controlled Substances; Registrations, 73679-73680 2011-30690 2011-30695 Economic Development Economic Development Administration NOTICES Meetings: National Advisory Council on Innovation and Entrepreneurship, 73587 2011-30750 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-30696 73605-73606 2011-30704 Election Election Assistance Commission NOTICES Meetings;
Sunshine Act, 73606-73607 2011-30856 Employment and Training Employment and Training Administration RULES Wage Methodology for Temporary Non-Agricultural Employment H-2B Program: Delay of Effective Date, 73508-73509 2011-30781 Delay of Effective Date; Impact on Prevailing Wage Determinations; Guidance, 73509-73510 2011-30745 NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Tiger Drylac USA, Inc., et al., Reading, PA, 73684 2011-30657 Whirlpool Corp., et al., Fort Smith, AR, 73683-73684 2011-30656 Change in Status of Extended Benefit Period for New York and Maryland, 73684 2011-30584 Emergency Unemployment Compensation 2008 Program:
Change in Status of Payable Periods for Indiana, the Virgin Islands, West Virginia, and Wyoming, 73685 2011-30583 Investigations of Certifications of Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance, 73685-73686 2011-30658 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73607-73608 2011-30640 Environmental Protection Environmental Protection Agency RULES Mandatory Reporting of Greenhouse Gases, 73886-73910 2011-29742 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans Maine;
Regional Haze, 73956-73982 2011-30650 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Registration of Pesticide-Producing and Device-Producing Establishments, etc., 73620-73622 2011-30782 Grant Funding Guidance for State and Tribal Response Programs for FY2012, 73622-73631 2011-30780 Meetings: Farm, Ranch, and Rural Communities Committee, 73631-73632 2011-30711 Good Neighbor Environmental Board, 73631 2011-30708 Requests for Nominations:
National Advisory Council for Environmental Policy and Technology, 73632 2011-30715 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 73632 2011-30590 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 73486-73489, 73496-73501 2011-29803 2011-30229 BAE Systems (Operations) Limited Airplanes, 73477-73481 2011-29804 Bombardier, Inc. Airplanes, 73481-73483 2011-29805 Gulfstream Aerospace Corp. Model GV and GV SP Airplanes, 73483-73486 2011-29806 Honeywell International Inc.
Turbofan Engines, 73489-73491 2011-30575 McDonnell Douglas Corp. Airplanes, 73491-73494 2011-29801 Turbomeca S.A. Arriel 2B Turboshaft Engines, 73494-73496 2011-30574 Amendment of Class E Airspace: Alice, TX, 73504 2011-30532 Ardmore, OK, 73502-73503 2011-30531 Carroll, IA, 73501-73502 2011-30580 Winters, TX, 73503-73504 2011-30533 Establishment of Class E Airspace: Danville Airport, PA, 73505-73506 2011-30535 Nashville, AR, 73505 2011-30570 Federal Communications Federal Communications Commission RULES Connect America Fund;
A National Broadband Plan for Our Future: Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support, 73830-73883 2011-30378 NOTICES Meetings; Sunshine Act, 73632-73633 2011-30878 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73633-73634 2011-30605 Updated Listing of Financial Institutions in Liquidation, 73634 2011-30600 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood Elevation Determinations, 73534-73564 2011-30709 2011-30710 Federal Energy Federal Energy Regulatory Commission NOTICES Amended Reliability Technical Conference Agenda, 73608-73609 2011-30671 Applications:
Cameron LNG, LLC, 73609-73610 2011-30691 Combined Filings, 73610-73612 2011-30701 2011-30702 Competing Preliminary Permit Applications: Barren River Lake Hydro LLC, FFP Project 94 LLC, 73612 2011-30675 FFP Project 91 LLC, Riverbank Hydro No. 23 LLC, Lock Hydro Friends Fund III, 73615-73616 2011-30681 Lock 12 Hydro Partners, FFP Project 107 LLC, 73616-73617 2011-30677 Lock 14 Hydro Partners, FFP Project 106 LLC, 73614 2011-30676 Lock Hydro Friends Fund VIII, FFP Project 92 LLC, Riverbank Hydro No. 24 LLC, 73616 2011-30680 Lock Hydro Friends Fund XII, BOST2 LLC, Riverbank Hydro No. 21 LLC, FFP Project 96 LLC, 73614-73615 2011-30678 Lock Hydro Friends Fund XVIII, Upper Hydroelectric LLC, FFP Project 95 LLC, Riverbank Hydro No. 25 LLC, 73612-73613 2011-30679 Oliver Hydro LLC, FFP Project 97 LLC, 73613-73614 2011-30672 Riverbank Hydro No. 22 LLC, FFP Project 93 LLC, 73617-73618 2011-30673 Compliance Filings:
Enterprise Texas Pipeline LLC, 73618 2011-30670 Environmental Assessments; Availability, etc.: Tennessee Gas Pipeline Co.; Northeast Upgrade Project, 73618-73619 2011-30692 Initial Market-Based Rate Filings Including Requests For Blanket Section 204 Authorizations: Quantum Choctaw Power, LLC, 73619 2011-30703 Preliminary Permit Applications: Francis Walter Hydro, LLC, 73619-73620 2011-30693 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;
Availability, etc.: Kings County, NY; Recission, 73761 2011-30431 2011-30448 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders, 73762 2011-30741 Exemptions from Parts and Accessories Necessary for Safe Operation: Innovative Electronics, 73763-73765 2011-30739 Pilot Project on NAFTA Trucking Provisions, 73765-73769 2011-30735 Qualification of Drivers;
Exemption Applications; Vision, 73769-73770 2011-30736 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 73770-73771 2011-30748 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73634-73640 2011-30666 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73640-73644 2011-30434 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Assessment of the Contributions of an Interview to Supplemental Nutrition Assistance Program Eligibility and Benefit Determinations, 73584-73586 2011-30674 Community Eligibility Option Evaluation, 73582-73584 2011-30667 Foreign Assets Foreign Assets Control Office NOTICES Unblocking of One Specially Designated Terrorist Pursuant to Executive Order 12947, 73781 2011-30614 Foreign Trade Foreign-Trade Zones Board NOTICES Site Renumbering: Foreign-Trade Zone 183, Austin, TX, 73587 2011-30758 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations:
Updates to Contract Reporting and Central Contractor Registration, 73564-73570 2011-30622 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Advisory Committee on Minority Health, 73644 2011-30682 Requirements and Registration for the U.S. Surgeon General's Healthy Apps Challenge, 73644-73647 2011-30668 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73650-73653 2011-30627 2011-30628 2011-30779 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency RULES Immigration Benefits Business Transformation, Increment I; Correction, 73475-73477 2011-30510 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Local Appeals to Single-Family Mortgage Limits; Withdrawal, 73653 2011-30777 Appointments to Performance Review Board, 73654 2011-30620 Consolidated Delegations of Authority for Office of Fair Housing and Equal Opportunity, 73984 2011-30752 Orders of Succession for Office of Fair Housing and Equal Opportunity, 73984-73985 2011-30754 Redelegation of Fair Housing Act Complaint Processing Authority, 73990-73991 2011-30769 Redelegations of Administrative Authority for Title I, Section 109 of Housing and Community Development Act of 1974, 73986 2011-30757 Redelegations of Administrative Authority for Title VI of Civil Rights Act of 1964, 73985-73986 2011-30756 Redelegations of Administrative Authority under Section 504 of the Rehabilitation Act of 1973, 73989-73990 2011-30768 Redelegations of Authority for Civil Rights Related Program Requirements of Agency Programs, 73987 2011-30760 Redelegations of Authority under Age Discrimination Act of 1975, 73986-73987 2011-30759 Redelegations of Authority under Section 3 of the Housing and Urban Development Act of 1968, 73989 2011-30766 Redelegations of Authority under Section 561 of the Housing and Community Development Act of 1987, 73988-73989 2011-30763 Redelegations of Fair Housing Assistance Program Authority, 73987-73988 2011-30761 Single Family Mortgage Loan Sales, 73654-73655 2011-30775 Indian Affairs Indian Affairs Bureau PROPOSED RULES Residential, Business, and Wind and Solar Resource Leases on Indian Land, 73784-73827 2011-29991 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Probate of Indian Estates, 73656-73657 2011-30662 Tribal Probate Codes, 73655-73656 2011-30646 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Silicomanganese from Brazil, the People's Republic of China, and Ukraine, 73587-73589 2011-30767 Amended Preliminary Determination of Sales at Less Than Fair Value:
Galvanized Steel Wire from the People's Republic of China, 73589-73591 2011-30751 Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Uncovered Innerspring Units from People's Republic of China, 73592 2011-30776 Countervailing Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Certain Lined Paper Products from Indonesia, 73592-73594 2011-30773 Extension of Time Limit for the Preliminary Results of the New Shipper Review: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 73594 2011-30747 Healthcare Technology, Policy and Trade Mission to Mexico City, Mexico, 73595-73596 2011-30684 Scope Rulings, 73596-73599 2011-30774 Second Administrative Review;
Extension of Preliminary Results: Sodium Hexametaphosphate from People's Republic of China, 73599-73600 2011-30753 International Trade Com International Trade Commission NOTICES Complaints: Certain Dynamic Random Access Memory Devices, and Products Containing Same, 73676-73677 2011-30567 Investigations: Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, 73677 2011-30566 Certain Wiper Blades, 73677-73678 2011-30568 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Wage and Hour Division NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73680-73681 2011-30585 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust, 73682 2011-30686 Vertical Tandem Lifts for Marine Terminals, 73681-73682 2011-30619 Work Opportunity Tax Credit and Welfare-to-Work Tax Credit, 73682-73683 2011-30655 Land Land Management Bureau NOTICES Alaska Native Claims Selections, 73657 2011-30738 Meetings:
Rio Grande Natural Area Commission, 73657-73658 2011-30838 Requests for Nominations: Albuquerque District Resource Advisory Council, 73658 2011-30744 Maritime Maritime Administration NOTICES Requests for Administrative Waiver of Coastwise Trade Laws: Vessel OCEAN VUE, 73771 2011-30595 Merit Merit Systems Protection Board NOTICES Oral Arguments, 73691 2011-30659 Millenium Millennium Challenge Corporation NOTICES Compact with the Republic of Indonesia, 73691-73719 2011-30706 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations:
Updates to Contract Reporting and Central Contractor Registration, 73564-73570 2011-30622 National Highway National Highway Traffic Safety Administration NOTICES Denials of Motor Vehicle Defect Petitions, 73771-73775 2011-30612 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 73653 2011-30765 National Institute of Neurological Disorders and Stroke, 73653 2011-30771 National Labor National Labor Relations Board NOTICES Order Delegating Authority to the Chairman, the General Counsel, and the Chief Administrative Law Judge, 73719-73720 2011-30699 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries in Eastern Pacific Ocean:
Pelagic Fisheries; Vessel Identification Requirements, 73517-73520 2011-30730 Fisheries of Exclusive Economic Zone Off Alaska: Revisions to Pacific Cod Fishing in Parallel Fishery in Bering Sea and Aleutian Islands Management Area, 73513-73517 2011-30727 List of Fisheries for 2012, 73912-73953 2011-30607 NOTICES Taking and Importing Marine Mammals: Missile Launch Operations from San Nicolas Island, CA, 73600-73601 2011-30731 National Park National Park Service NOTICES Intent to Repatriate Cultural Items:
Army Corps of Engineers, Walla Walla, and the Museum of Anthropology, Washington State University, Pullman, WA, 73660-73663 2011-30629 Tennessee Valley Authority and the University of Tennessee McClung Museum, Knoxville, TN, 73658-73660 2011-30618 Washington State University, Museum of Anthropology, Pullman, WA, 73663-73664 2011-30624 Inventory Completions: Army Corps of Engineers, Walla Walla, WA and Washington State University, Museum of Anthropology, Pullman, WA, 73667-73670 2011-30613 Paul H.
Karshner Memorial Museum, Puyallup, WA, 73666-73667 2011-30615 Tennessee Valley Authority and the University of Tennessee McClung Museum, Knoxville, TN, 73665-73666 2011-30617 University of Michigan Museum of Anthropology, Ann Arbor, MI, 73670-73673 2011-30626 Washington State University, Museum of Anthropology, Pullman, WA, 73664-73665 2011-30625 National Register of Historic Places: Pending Nominations and Related Actions, 73673-73674 2011-30623 National Transportation National Transportation Safety Board NOTICES Meetings;
Sunshine Act, 73720 2011-30842 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Knowledge and Abilities Catalog for Nuclear Power Plant Operators: Westinghouse AP1000 Pressurized-Water Reactors, 73720-73721 2011-30737 Environmental Assessments; Availability, etc.: Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear Station, Unit No. 2, 73721-73727 2011-30733 Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 73727-73733 2011-30525 Facility Operating Licenses;
Amendment Requests: Union Electric Co., Callaway Plant, Unit 1, 73733-73737 2011-30728 Meetings; Sunshine Act, 73737 2011-30839 Proposed Model Safety Evaluations: Plant Specific Adoption of Technical Specifications Task Force Traveler TSTF-505, Revision 1, 73737-73738 2011-30714 Survey on Effectiveness of the Reactor Oversight Process, 73738-73740 2011-30716 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Applications for Renewal of Recognition:
Curtis-Straus LLC, 73686-73687 2011-30660 Curtis-Straus LLC; Correction, 73687 2011-30661 Meetings: Advisory Committee on Construction Safety and Health, 73687-73689 2011-30564 National Advisory Committee on Occupational Safety and Health, 73689-73691 2011-30565 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-30441 73740-73742 2011-30443 2011-30445 2011-30446 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Additional USPTO Satellite Offices for the Nationwide Workforce Program, 73601 2011-30717 Personnel Personnel Management Office PROPOSED RULES Statutory Bar to Appointment of Persons Who Fail to Register under Selective Service Law, 73521-73526 2011-30788 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Miscellaneous Changes to Pipeline Safety Regulations, 73570-73581 2011-29852 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73775-73776 2011-30621 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 73742-73748 2011-30638 2011-30647 2011-30648 2011-30652 Reclamation Reclamation Bureau NOTICES Change in Discount Rate for Water Resources Planning, 73674 2011-30641 Status Report of Water Service, Repayment, and Other Water-Related Contract Actions, 73674-73676 2011-30645 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 73506-73508 2011-30591 NOTICES Applications:
Genesis Capital, LLC and Northern Lights Fund Trust, 73748-73749 2011-30632 Meetings; Sunshine Act, 2011-30793 73749-73750 2011-30794 Self-Regulatory Organizations; Proposed Rule Changes: National Stock Exchange, Inc., 73756-73758 2011-30633 NYSE Amex LLC, 73750-73752 2011-30634 NYSE Arca, Inc., 73753-73755 2011-30635 Options Clearing Corp., 73752-73753 2011-30719 State Department State Department NOTICES Additional Designation of Four Entities Pursuant to Executive Order 13382, 73758-73759 2011-30721 Culturally Significant Objects Imported for Exhibition Determinations:
Ancient Egypt - Art and Magic; Treasures from the Foundation Gandur pour L'Art, Geneva, Switzerland, 73759 2011-30723 In Wonderland; Surrealist Adventures of Women Artists in Mexico and United States, 73759-73760 2011-30772 The Holocaust, 73760 2011-30770 Specially Designated Global Terrorists: Ibrahim Suleiman Hamad al-Hablain also known as Abu Jabal, Abu-Jabal, Barahim Suliman H. Al Hblian, 73760 2011-30762 Imad Fa'iz Mughniyah, also known as Imad Fayiz Mughniyah, 73760 2011-30755 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
Wiregrass Central Railway, LLC in Coffee County, Ala, 73776-73777 2011-30295 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 73760 2011-30707 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 73777 2011-30718 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, 73781 2011-30610 Wage Wage and Hour Division RULES Wage Methodology for Temporary Non-Agricultural Employment H-2B Program: Delay of Effective Date; Impact on Prevailing Wage Determinations; Guidance, 73509-73510 2011-30745 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 73784-73827 2011-29991 Part III Federal Communications Commission, 73830-73883 2011-30378 Part IV Environmental Protection Agency, 73886-73910 2011-29742 Part V Commerce Department, National Oceanic and Atmospheric Administration, 73912-73953 2011-30607 Part VI Environmental Protection Agency, 73956-73982 2011-30650 Part VII Housing and Urban Development Department, 2011-30752 73984-73991 2011-30754 2011-30763 2011-30761 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. 76 229 Tuesday, November 29, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103, 207, 208, 211, 212, 213a, 244; 245, 324; 335 [CIS No. 2481-09; Docket No. USCIS-2009-0022] RIN 1615-AB83 Immigration Benefits Business Transformation, Increment I;
Correction AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule; correction. SUMMARY: The Department of Homeland Security
(DHS)makes technical corrections to a final rule published in the **Federal Register** on August 29, 2011. The final rule amended DHS regulations to enable U.S. Citizenship and Immigration Services (USCIS) to transform its business processes. The final rule also finalized seven interim rules. DATES: This final rule is effective November 28, 2011. FOR FURTHER INFORMATION CONTACT: Dan Konnerth, Policy Chief, Office of Transformation Coordination, U.S. Citizenship and Immigration Services, Department of Homeland Security, 633 Third St. NW., Washington, DC 20529-2210; telephone
(202)233-2381. SUPPLEMENTARY INFORMATION: Need for Correction On August 29, 2011, the Department of Homeland Security
(DHS)issued a final rule that amended more than fifty parts of Title 8 of the Code of Federal Regulations and finalized seven interim rules. *Immigration Benefits Business Transformation, Increment I,* 76 FR 53764 (Aug. 29, 2011). The final rule removed form titles, number references, and position titles. The final rule also removed obsolete and expired regulatory provisions and corrected provisions that were affected by statutory changes. DHS provided a 60-day public comment period and a 90-day effective date to provide the public with an opportunity to review the regulatory text and point out any errors made in the published final rule before it becomes effective. DHS has reviewed the public comments on the docket of this final rule and determined that several errors and omissions require correction. Specifically, through technical drafting oversights, DHS: • Instructed the removal of the phrase “petitions and applications” instead of instructing the removal of the phrase “applications or petitions” and “applications and petitions” in 8 CFR 103.2; • Omitted the substitution of “benefit request” for “application or benefit” in 8 CFR 103.2(b)(5); • Incorrectly amended the second sentence of 8 CFR 103.2(b)(19) by removing the term “petitioner” and inserting “beneficiary”; • Omitted instructional text for reserving 8 CFR 103.20 through 103.36 after they are removed; • Omitted the substitution of “USCIS” for the terms “The USCIS”, “the BCIS”, and “The BCIS” in 8 CFR 103.2; • Omitted references to the title of the form required for accompanying or following-to-join derivatives of refugees in 8 CFR 207.7 and for admission of asylee spouses and children in 8 CFR 208.21; • Omitted the substitution of “Permanent Resident Card” for “permanent resident card” in 8 CFR 211.5(c); • Provided conflicting instructions affecting paragraph (b)(1) of 8 CFR 212.2; • Incorrectly instructed that the heading for 8 CFR 212.7 be revised; • Incorrectly instructed to revise terms in the second sentence of the introductory text of paragraph (m)(2) of 8 CFR 212.15; • Omitted the term “a” from the amendatory text being revised in 8 CFR 213.2a; • Incorrectly included the term “in” in the text being revised in 8 CFR 213.2a(c)(2)(i)(A); • Omitted instructional text for revising the following terms in 8 CFR 213a.2: ○ The terms “Form I-864 or I-864A”, “a Form I-864 or I-864A”, “Form I-864 and I-864A” to read “affidavit of support”; ○ The terms “any Forms I-864A” to read “affidavit of support and any required attachments”; ○ The term “any Form I-864A” to read “any affidavit of support or required attachment”; ○ The term “Forms I-864” to read “affidavits of support”; ○ The term “I-864A” to read “affidavit of support attachment”; and ○ The term “A Form I-864” to read “An affidavit of support”. • Omitted the term “Form” from the text being revised in 8 CFR 324.2; • Omitted the term “the” from the text being revised in 8 CFR 244.7(b) and 8 CFR 244.14(a)(3); • Provided conflicting instructions affecting 8 CFR 245.21(j); and • Erroneously instructed to change the term “district director” to read “USCIS” and omitted instructions to revise the term “the Service” to read “USCIS” in 8 CFR 335.9. Correction of Publication Accordingly, the publication on August 29, 2011 (76 FR 53764) of the final rule that was the subject of FR Doc. 2011-20990 is corrected as follows: PART 103—IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS Subpart A—Applying for Benefits, Surety Bonds, Fees § 103.2 [Corrected] 1. On page 53780, second column, revise amendatory 8a. to read as follows: “8 * * * a. Removing the phrases “applications and petitions” and “applications or petitions” and adding in their place the term “benefit requests”; removing the term “an application or petition” and adding in its place “a benefit request”; removing the term “application or petition” and adding in its place “benefit request”; and removing the terms “the BCIS”, “The BCIS”, and “The USCIS” and adding in their place the term “USCIS” as they appear in the following portions of the final rule:”. 2. On page 53780, third column, amend amendatory instruction 8j. by adding at the end before the semicolon “and revising the term “application or benefit” to read “benefit request” in the third sentence of paragraph (b)(5)”. 3. On page 53780, third column, revise amendatory instruction 8k. to read as follows: “8. * * * k. Revising the term “application, petition or document” to read “a benefit request” in paragraph (b)(7);” 4. On page 53781, first column, in paragraph (b)(19), remove the word “beneficiary” from the end of the paragraph and add “petitioner” in its place. § 103.7 [Corrected] 5. On page 53781, second column, revise amendatory instruction 14a. to read as follows: “14. Revising the terms “The BCIS” and “BCIS” to read “USCIS” wherever that term appears in paragraph (a)(1);”. §§ 103.20-103.36 [Corrected] 6. On page 53782, second column, revise amendatory instruction 21 to read as follows: “21. Sections 103.20 through 103.36 are removed and reserved.”. PART 207—ADMISSION OF REFUGEES 7. On page 53783, third column, amendment 39, revise the amendatory language for the revisions to paragraphs
(d)and
(f)to read as follows: § 207.7 Derivatives of refugees.
(d)*Filing.* A refugee may request accompanying or following-to-join benefits for his or her spouse and unmarried, minor child(ren) (whether the spouse and children are inside or outside the United States) by filing a separate Request for Refugee/Asylee Relative in accordance with the form instructions for each qualifying family member. The request may only be filed by the principal refugee. Family members who derived their refugee status are not eligible to request derivative benefits on behalf of their spouse and child(ren). A separate Request for Refugee/Asylee Relative must be filed for each qualifying family member within two years of the refugee's admission to the United States unless USCIS determines that the filing period should be extended for humanitarian reasons. There is no time limit imposed on a family member's travel to the United States once the Request for Refugee/Asylee Relative has been approved, provided that the relationship of spouse or child continues to exist and approval of the Request for Refugee/Asylee Relative has not been subsequently revoked. There is no fee for this benefit request.
(f)*Approvals.*
(1)*Spouse or child in the United States.* When a spouse or child of a refugee is in the United States and the Request for Refugee/Asylee Relative is approved, USCIS will notify the refugee of such approval. Employment will be authorized incident to status.
(2)*Spouse or child outside the United States.* When a spouse or child of a refugee is outside the United States and the Request for Refugee/Asylee Relative is approved, USCIS will notify the refugee of such approval. USCIS will send the approved request to the Department of State for transmission to the U.S. Embassy or Consulate having jurisdiction over the area in which the refugee's spouse or child is located.
(3)*Benefits.* The approval of the Request for Refugee/Asylee Relative will remain valid for the duration of the relationship to the refugee and, in the case of a child, while the child is under 21 years of age and unmarried, provided also that the principal's status has not been revoked. However, the approved Request for Refugee/Asylee Relative will cease to confer immigration benefits after it has been used by the beneficiary for admission to the United States as a derivative of a refugee. For a derivative inside or arriving in the United States, USCIS will issue a document reflecting the derivative's current status as a refugee to demonstrate employment authorization, or the derivative may apply, under 8 CFR 274a.12(a), for evidence of employment authorization. PART 208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL 8. On page 53784, third column, amendment 50, revise the amendatory language for paragraphs
(c)and
(d)to read as follows: § 208.21 Admission of the asylee's spouse and children.
(c)*Spouse or child in the United States.* When a spouse or child of an alien granted asylum is in the United States, but was not included in the asylee's benefit request, the asylee may request accompanying or following-to-join benefits for his or her spouse or child, by filing for each qualifying family member a Request for Refugee/Asylee Relative, with supporting evidence, and in accordance with the form instructions, regardless of the status of that spouse or child in the United States. A separate Request for Refugee/Asylee Relative must be filed by the asylee for each qualifying family member within two years of the date in which he or she was granted asylum status, unless it is determined by USCIS that this period should be extended for humanitarian reasons. Upon approval of the Request for Refugee/Asylee Relative, USCIS will notify the asylee of such approval. Employment will be authorized incident to status. To demonstrate employment authorization, USCIS will issue a document reflecting the derivative's current status as an asylee, or the derivative may apply, under 8 CFR 274a.12(a), for employment authorization. The approval of the Request for Refugee/Asylee Relative will remain valid for the duration of the relationship to the asylee and, in the case of a child, while the child is under 21 years of age and unmarried, provided also that the principal's status has not been revoked. However, the approved Request for Refugee/Asylee Relative will cease to confer immigration benefits after it has been used by the beneficiary for admission to the United States as a derivative of an asylee.
(d)*Spouse or child outside the United States.* When a spouse or child of an alien granted asylum is outside the United States, the asylee may request accompanying or following-to-join benefits for his or her spouse or child(ren) by filing a separate Request for Refugee/Asylee Relative for each qualifying family member in accordance with the form instructions. A separate Request for Refugee/Asylee Relative for each qualifying family member must be filed within two years of the date in which the asylee was granted asylum, unless USCIS determines that the filing period should be extended for humanitarian reasons. When the Request for Refugee/Asylee Relative is approved, USCIS will notify the asylee of such approval. USCIS also will send the approved request to the Department of State for transmission to the U.S. Embassy or Consulate having jurisdiction over the area in which the asylee's spouse or child is located. The approval of the Request for Refugee/Asylee Relative will remain valid for the duration of the relationship to the asylee and, in the case of a child, while the child is under 21 years of age and unmarried, provided also that the principal's status has not been revoked. However, the approved Request for Refugee/Asylee Relative will cease to confer immigration benefits after it has been used by the beneficiary for admission to the United States as a derivative of an asylee. PART 212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE § 212.2 [Corrected] 9. On page 53786, second column, remove amendment 64.a and redesignate 64b through f as 64a through e accordingly. § 212.7 [Corrected] 10. On page 53787, first column, remove amendment 69.a. and redesignate 69b through m as 69a through l accordingly. § 212.15 [Corrected] 11. On page 53788, first column, revise amendatory instruction 75h. to read as follows: 75. * * * h. “Revising the term “Form I-905” to read “the request” in paragraph (m)(2).”. PART 213a—AFFIDAVITS OF SUPPORT ON BEHALF OF ALIENS § 213a.2 [Corrected] 12. On page 53788, second column, revise amendatory instruction 80-82d. to read as follows: “80-82 * * * d. Revising the phrase “the Form I-130 or Form I-600 immigrant visa petition (or the Form I-129F petition, for a K nonimmigrant seeking adjustment)” to read “a relative, orphan or fiancé(e) petition” in the first sentence of paragraph (b)(1);”. 13. On page 53788, second column, revise amendatory instruction 80-82e. to read as follows: “80-82 * * * e. Revising the phrase “Form I-864P Poverty Guidelines” to read “the Poverty Guidelines” in paragraph (c)(2)(i)(A);”. 14. On page 53788, third column, revise the introductory text to amendatory instruction 80-82l. to read as follows: “80-82 * * * l. Section 213a.2 is further amended by revising the term “Forms I-864” to read “affidavits of support” and the term “A Form I-864” to read “An affidavit of support” and the terms “Form I-864” and “the Form I-864” to read “an affidavit of support” wherever those terms appear in the following places:” 15. On page 53788, third column, amendment 80-82, add new instructions n. and o. to read as follows: n. Section 213a.2 is further amended by revising the terms “any Forms I-864A” to read “any affidavit of support attachments” and the term “any Form I-864A” to read “any affidavit of support attachment” wherever those terms appear in paragraphs (a)(1)(ii), (iii), (iv), and (v). o. Section 213a.2 is further amended by revising the term “Form I-864 or I-864A” to read “affidavit of support and any required attachments”; the term “I-864A” to read “affidavit of support attachment”; and the term “a Form I-864 or I-864A” to read “an affidavit of support and any required attachments” wherever those terms appear in the following places: i. Paragraph (a)(1)(v)(A); ii. Paragraph (c)(2)(v); and iii. Paragraph (e)(2)(i)(D).” PART 244—TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES § 244.7 [Corrected] 16. On pages 53791, third column, revise amendatory instruction 108.b. to read as follows: “108. * * * b. Revising the term “the Attorney General” to read “DHS” in paragraph (b);” § 244.14 [Corrected] 17. On pages 53792, second column, revise amendatory instruction 113.d. to read as follows: “113. * * * d. Revising the term “the Attorney General” to read “DHS” in paragraph (a)(3);”. PART 245—ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE § 245.21 [Corrected] 18. On page 53794, first column, amendment 129-130, remove instruction j. and redesignate instructions k. and l. as j. and k., respectively. 19. On page 53794, first column, revise the introductory text to newly redesignated amendatory instruction 129-130k to read as follows: “129-130. * * * k. By revising the terms “Service”, “The Service” and “the Service” to read “USCIS” and the term “Service's” to read “USCIS's” wherever the terms appear in the following paragraphs:”. PART 324—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE AND FORMER CITIZENS WHOSE NATURALIZATION IS AUTHORIZED BY PRIVATE LAW § 324.2 [Corrected] 20. On page 53800, first column, revise amendatory instruction 191 to read as follows: “191. In § 324.2, paragraph
(b)is amended by revising the term “Form N-400, as required by § 316.4 of this chapter” to read “the form designated by USCIS in accordance with the form instructions and with the fee prescribed in 8 CFR 103.7(b)(1) as required by 8 CFR 316.4”.” PART 335—EXAMINATION ON APPLICATION FOR NATURALIZATION\ § 335.9 [Corrected] 21. On page 53801, third column, revise amendatory instruction 220.b. to read as follows: “220. * * * b. Revising the terms “district director”, “The district director”, “the district director”, and “the Service” to read “USCIS” and the term “Service's” to read “USCIS's”.” Christina E. McDonald, Associate General Counsel for Regulatory Affairs. [FR Doc. 2011-30510 Filed 11-28-11; 8:45 am]
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- 8 CFR 103.2
- 8 CFR 103.2(b)(5)
- 8 CFR 103.2(b)(19)
- 8 CFR 103.20
- 8 CFR 207.7
- 8 CFR 208.21
- 8 CFR 211.5(c)
- 8 CFR 212.2
- 8 CFR 212.7
- 8 CFR 212.15
- 8 CFR 213.2
- 8 CFR 213
- 8 CFR 324.2
- 8 CFR 244.7(b)
- 8 CFR 244.14(a)(3)
- 8 CFR 245.21(j)
- 8 CFR 335.9
- 8 CFR 274
- 8 CFR 103.7(b)(1)
- 8 CFR 316.4
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Final rule; correction
Cite8 CFR 103.2
Cite8 CFR 103.2(b)(5)
Cite8 CFR 103.2(b)(19)
Cite8 CFR 103.20
Cite8 CFR 207.7
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