Unknown. Final rule

5,840 words·~27 min read·/register/2013/03/29/2013-07252

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-2013-03-29.xml --- 78 61 Friday, March 29, 2013 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service RULES Importation of Live Birds and Poultry, Poultry Meat, and Poultry Products from a Region in the European Union, 19080-19085 2013-07345 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2013 Company Organization Survey, 19190-19191 2013-07330 Requests for Nominations: Federal Economic Statistics Advisory Committee, 19191-19192 2013-07344 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 19269 2013-07366 Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 19268-19269 2013-07367 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs:

Application from a Hospital Requesting Waiver for Organ Procurement Service Area, 19269-19271 2013-07343 Coast Guard Coast Guard RULES Safety Zones: Spanish Navy School Ship San Sebastian El Cano Escort; Bahia de San Juan; San Juan, PR, 19103-19105 2013-07283 Special Local Regulations: Charleston Race Week, Charleston Harbor; Charleston, SC, 19100-19103 2013-07287 PROPOSED RULES Safety Zones: USA Triathlon, Milwaukee Harbor, Milwaukee, WI, 19158-19161 2013-07281 Security Zones:

Captain of the Port Detroit, 19161-19164 2013-07284 Special Local Regulations: Marine Events, Wrightsville Channel; Wrightsville Beach, NC, 19155-19158 2013-07282 NOTICES Meetings: National Maritime Security Advisory Committee, 19277-19278 2013-07285 Navigation Safety Advisory Council, 19277 2013-07286 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 19248-19249 2013-07303 Copyright Office Copyright Office, Library of Congress NOTICES Hearings: Resale Royalty Right, 19326-19329 2013-07270 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 19258 2013-07453 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Revised Non-Foreign Overseas Per Diem Rates, 19249-19258 2013-07310 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Import/Export Declaration for List I and List II Chemicals, 19312-19313 2013-07325 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions from Certain Prohibited Transaction Restrictions, 19315-19326 2013-07380 Employment and Training Employment and Training Administration RULES Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program: Delay of Effective Date, 19098-19099 2013-07431 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans;

Approvals and Disapprovals and Promulgations: Colorado; Revision to Definitions; Common Provisions Regulation, 19125-19128 2013-07250 Air Quality Implementation Plans; Approvals and Promulgations: Ohio; Particulate Matter Standards, 19128-19130 2013-07259 Pesticide Tolerances: Clothianidin, 19130-19136 2013-07093 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations: Ohio; Particulate Matter Standards, 19164 2013-07261 Compliance Certification Content Requirements for State and Federal Operating Permits Programs, 19164-19172 2013-07266 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Renewable Fuels Standard Program, 19260-19261 2013-07386 Environmental Impact Statements; Availability, 19261 2013-07373 Safe Drinking Water Act Sole Source Aquifer Program: Designation of Bainbridge Island, WA, as a Sole Source Aquifer, 19261-19262 2013-07409 Executive Office Executive Office for Immigration Review RULES Forwarding of Asylum Applications to the Department of State, 19077-19080 2013-07252 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 19085-19088 2013-06172 Embraer S.A. Airplanes, 19090-19093 2013-05839 REIMS AVIATION S.A. Airplanes, 19088-19090 2013-06590 The Boeing Company Airplanes, 19093-19096 2013-05871 Class E Airspace: Middletown, OH, 19096-19097 2013-06954 Class E Airspace; Establishments: Round Mountain, TX, 19097-19098 2013-06956 NOTICES Charter Renewals: Radio Technical Commission for Aeronautics, 19355 2013-07379 Noise Exposure Maps: Tucson International Airport, AZ, 19355-19356 2013-07381 Schedule Information Submission Deadline;

Winter 2013-2014 Scheduling Season: O'Hare, San Francisco, John F. Kennedy, and Newark Liberty International Airports, 19356-19357 2013-07400 Federal Communications Federal Communications Commission PROPOSED RULES Earth Stations Aboard Aircraft Communicating with Fixed-Satellite Service Geostationary-Orbit Space Stations, 19172 2013-07264 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Revisions to Modeling, Data, and Analysis Reliability Standard, 19152-19155 2013-07114 Small Generator Interconnection Agreements and Procedures;

Workshop, 19149-19152 2013-06820 NOTICES Preliminary Permit Applications: ECOsponsible, Inc., 19258-19259 2013-07300 Staff Attendances, 19259-19260 2013-07301 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Annual Adjustment of the Cap on Average Total Assets that Defines Community Financial Institutions, 19262-19263 2013-07335 Lender Placed Insurance, Terms and Conditions, 19263-19264 2013-07338 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19264-19267 2013-07272 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 2013-07293 19267-19268 2013-07333 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 19268 2013-07334 Federal Transit Federal Transit Administration RULES Emergency Relief Program, 19136-19147 2013-07271 NOTICES Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy, 19357-19362 2013-07268 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds:

Ohio Security Insurance Co., 19366 2013-06858 Fish Fish and Wildlife Service RULES Subsistence Management Regulations for Public Lands in Alaska: 2013-14 and 2014-15 Subsistence Taking of Fish, 19107-19125 2013-07198 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Status for the Diamond Darter and Designation of Critical Habitat, 19172-19176 2013-07306 NOTICES Letters of Authorization to Take Marine Mammals, 19288-19290 2013-07339 Food and Drug Food and Drug Administration NOTICES Draft Guidance for Industry;

Availability: Bioequivalence Recommendations for Metronidazole Vaginal Gel, 19271 2013-07296 Food and Nutrition Food and Nutrition Service NOTICES Child Nutrition Programs: Income Eligibility Guidelines, 19179 C1--2013--06544 Special Supplemental Nutrition Program for Women, Infants and Children: Income Eligibility Guidelines, 19180 C1--2013--06547 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Egg Products Industry Survey, 19181-19182 2013-07387 Draft Guidance for Industry and Staff; Availability: Import Inspection Applications; Meat and Egg Products; Set Pilot Program, 19182-19183 2013-07385 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization and Expansion under Alternative Site Framework: Foreign-Trade Zone 236, Palm Springs, CA, 19192 2013-07395 Forest Forest Service RULES Subsistence Management Regulations for Public Lands in Alaska: 2013-14 and 2014-15 Subsistence Taking of Fish, 19107-19125 2013-07198 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Appointments:

Performance Review Board, 19278 2013-07265 Federal Properties Suitable as Facilities to Assist the Homeless, 19278-19288 2013-06971 Indian Affairs Indian Affairs Bureau RULES Residential, Business, and Wind and Solar Resource Leases on Indian Land; Correction, 19099-19100 2013-07225 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Nexiant, LLC, 19192-19193 2013-07277 P and P Computers, 19194-19195 2013-07276 RH International, LLC, and Mohammad Reza (a/k/a Ray) Hajian, Tampa, FL, 19195-19197 2013-07278 Richard Phillips, 19193-19194 2013-07279 Inspector General Health Inspector General Office, Health and Human Services Department NOTICES Physician Owned Entities;

Special Fraud Alert, 19271-19273 2013-07394 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Employment Taxes and Collection of Income Tax at Source; CFR Correction, 19100 2013-07509 Noncompensatory Partnership Options, 19100 C1--2013--02259 PROPOSED RULES Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage, 19155 C1--2013--02141 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews, 19197-19209 2013-07392 Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Laminated Woven Sacks from the People's Republic of China, 19209-19210 2013-07407 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea, 19210-19212 2013-07402 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications, Rulings, etc.: Certain Kinesiotherapy Devices and Components Thereof, 19309-19311 2013-07297 Certain Radio Frequency Identification Products and Components Thereof, 19311-19312 2013-07376 Low Enriched Uranium from France, 19311 2013-07326 Justice Department Justice Department See Drug Enforcement Administration See Executive Office for Immigration Review Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electrical Protective Equipment and Electric Power Generation, Transmission, and Distribution Standards, 19313-19314 2013-07323 Multiple Worksite Report and the Report of Federal Employment and Wages, 19315 2013-07368 Transmittal of Unemployment Insurance Materials, 19314-19315 2013-07365 Land Land Management Bureau NOTICES Calls for Nominations: Advisory Committees, 19290-19291 2013-07311 Environmental Impact Statements; Availability, etc.:

Clear Creek Management Area Proposed Resource Management Plan, CA, 19294-19295 2013-07337 Draft Billings and Pompeys Pillar National Monument Resource Management Plan, 19291-19294 2013-07196 Legal Legal Services Corporation NOTICES Funding Availabilities: Competitive Grant Funds, Calendar Year 2014, 19326 2013-07269 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Requests for Administrative Waivers of Coastwide Trade Laws:

Vessel W.L. STEWART III, 19362-19363 2013-07235 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Exemption from Vehicle Theft Prevention Standard: Honda Motor Co., Inc., 19363-19364 2013-07354 Petitions: Decision that Nonconforming 1992-1994 BMW 3-Series Passenger Cars are Eligible for Importation, 19364-19366 2013-07267 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Quantification of Behavioral and Physiological Effects of Drugs Using a Mobile Scalable Device, 19273-19274 2013-07349 Meetings: Center for Scientific Review, 2013-07288 19274-19276 2013-07289 2013-07307 2013-07308 National Cancer Institute, 19275 2013-07290 National Institute of Allergy and Infectious Diseases, 19276 2013-07291 National Institute of Diabetes and Digestive and Kidney Diseases, 19275 2013-07292 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Wildlife:

Petition to List Sperm Whales in the Gulf of Mexico as a Distinct Population Segment, 19176-19178 2013-07355 Magnuson-Stevens Fishery Conservation and Management Act Provisions: Fisheries of Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 50, 19368-19392 2013-07532 NOTICES Environmental Impact Statements; Availability, etc.: Oil and Gas Activities in the Arctic Ocean, 19212-19214 2013-07312 Fisheries of the Exclusive Economic Zone Off Alaska: Monitoring Requirements for American Fisheries Act Catcher Vessels Subject to Amendment 91;

Public Workshops, 19214-19215 2013-07351 Meetings: Mid-Atlantic Fishery Management Council, 2013-07361 19215-19217 2013-07362 Pacific Fishery Management Council, 19215-19216 2013-07364 Permits: Endangered Species; File No. 16547-01, 19217 2013-07342 Takes of Marine Mammals Incidental to Specified Activities: Cape Wind High Resolution Survey in Nantucket Sound, MA, 19217-19224 2013-07304 U.S. Marine Corps Training Exercises at Air Station Cherry Point, 19224-19243 2013-07305 National Park National Park Service NOTICES Inventory Completions:

Department of the Interior, National Park Service, Natchez Trace Parkway, Tupelo, MS; Correction, 19303-19304 2013-07346 History Colorado, formerly Colorado Historical Society, Denver, CO, 19296-19297 2013-07358 Slater Museum of Natural History, University of Puget Sound, Tacoma, WA, 19299-19301 2013-07370 University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 19301-19302 2013-07356 University of Washington, Department of Anthropology, Seattle, WA, 19297-19299 2013-07357 2013-07360 Yale Peabody Museum of Natural History, New Haven, CT, 19302-19303 2013-07348 Repatriations of Cultural Items:

Colorado College, Colorado Springs, CO, 19304-19305 2013-07359 Department of the Interior, National Park Service, Natchez Trace Parkway, Tupelo, MS, 19306-19308 2013-07371 2013-07374 University of Denver Museum of Anthropology, Denver, CO, 19308-19309 2013-07353 Yale Peabody Museum of Natural History, New Haven, CT, 19305-19306 2013-07352 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Polar Programs, 19329 2013-07331 Requests for Information:

Reducing Investigator's Administrative Workload for Federally Funded Research, 19329-19330 2013-07313 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Draft Interim Staff Guidance; Availability: Shielding and Radiation Protection Review Effort and Licensing Conditions for Dry Storage Applications, 19148-19149 2013-06387 NOTICES Environmental Impact Statements; Availability, etc.: Ross In-Situ Uranium Recovery Project in Crook County, WY, 19330-19332 2013-07332 Meetings;

Sunshine Act, 19332 2013-07466 Patent Patent and Trademark Office NOTICES Privacy Act; Systems of Records, 19243-19248 2013-07340 2013-07341 2013-07377 2013-07378 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 19332 2013-07454 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 2013-07433 19332-19333 2013-07434 Public Debt Public Debt Bureau See Fiscal Service Recovery Recovery Accountability and Transparency Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19333-19334 2013-07324 Rural Business Rural Business-Cooperative Service NOTICES Funding Availabilities: Rural Energy for America Program, 19183-19190 2013-07275 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Tariff of Tolls, 19105-19107 2013-07350 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2013-07319 19334-19337 2013-07320 2013-07321 2013-07322 Meetings;

Sunshine Act, 19337 2013-07447 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 19350-19351 2013-07315 Chicago Board Options Exchange, Inc., 19348-19350 2013-07299 ICE Clear Credit LLC, 19339-19340 2013-07295 Miami International Securities Exchange LLC, 19344-19348 2013-07318 NASDAQ OMX BX, Inc., 19342-19344 2013-07317 NASDAQ OMX PHLX LLC, 19337-19339 2013-07316 NASDAQ Stock Market LLC, 19352-19353 2013-07298 New York Stock Exchange LLC, 19340-19342 2013-07314 State Department State Department NOTICES Meetings:

Biodiversity Beyond National Jurisdiction, 19353-19354 2013-07398 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19276-19277 2013-07302 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Product Valuation; CFR Correction, 19100 2013-07512 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Saint Lawrence Seaway Development Corporation NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 2013-07363 19354 2013-07372 Aviation Proceedings;

Agreements Filed, 19354-19355 2013-07369 Treasury Treasury Department See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 19368-19392 2013-07532 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. 78 61 Friday, March 29, 2013 Rules and Regulations DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1208 and 1240 [EOIR Docket No. 173;

AG Order No. 3375-2013] RIN 1125-AA65 Forwarding of Asylum Applications to the Department of State AGENCY: Executive Office for Immigration Review, Department of Justice. ACTION: Final rule. SUMMARY: This final rule adopts without substantive change the proposed rule with request for comments published in the **Federal Register** on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review

(EOIR)forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). DATES: This rule is effective April 29, 2013. FOR FURTHER INFORMATION CONTACT: Jeff Rosenblum, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041, telephone

(703)305-0470 (not a toll-free call). SUPPLEMENTARY INFORMATION: I. Public Participation On October 31, 2011, the Department published in the **Federal Register** a rule proposing to amend EOIR's regulations by removing the mandatory submission of all asylum applications to DOS. *See* 76 FR 67099 (Oct. 31, 2011). The comment period ended December 30, 2011. The Department received three public comments. As explained below, the Department is adopting all amendments in the proposed rule, as well as making several non-substantive, technical corrections. II. Background The current regulations require that EOIR send a copy of all defensive asylum applications to DOS. 1 The Department is amending the regulations at 8 CFR 1208.11, 1240.11, 1240.33, and 1240.49 in order to remove this mandatory requirement. Under this rule, an immigration court has the discretion to forward a defensively filed asylum application to DOS, but is not required to do so. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the adjudication of a particular case or type of claims. By consolidating certain paragraphs, the final rule also removes redundant references to the types of information that DOS may provide to EOIR. These amendments increase the efficiency of DOS' review of asylum applications and are consistent with similar changes USCIS has already made. *See* 74 FR 15367 (Apr. 6, 2009). 1 EOIR receives and adjudicates asylum applications submitted directly to the immigration judge (known as defensive asylum applications) and those that are referred for consideration in proceedings before an immigration judge after initially being adjudicated through DHS USCIS' affirmative asylum process (known as affirmative asylum applications). We note that the regulations at 8 CFR 1208.1(a)(1) provide, in part, that subpart A of part 1208 “shall apply to all applications for asylum under section 208 of the Immigration and Nationality Act

(Act)or for withholding of deportation or withholding of removal under section 241(b)(3) of the Act, or under the Convention Against Torture.” Thus, the terms “asylum application” or “application for asylum,” as used in the current regulations and in this final rule, refer to an application for:

(1)Asylum under section 208 of the Act;

(2)withholding of removal under section 241(b)(3) of the Act;

(3)withholding or deferral of removal under the Convention Against Torture as provided in 8 CFR 1208.16 and 1208.17; and

(4)withholding of deportation under former section 243(h) of the Act. EOIR's changes to the regulations do not require additional resources, either in the hiring of personnel at EOIR or DOS or in the expenditure of material or financial resources. Amending the regulations permits both EOIR and DOS to conserve resources. EOIR will no longer be required to expend resources on mailing to DOS every properly filed defensive asylum application it receives. Rather, an immigration judge may request, in his or her discretion, specific comments from DOS regarding individual cases or types of claims under consideration, or other information the immigration judge deems appropriate. By focusing on select cases forwarded by EOIR, DOS officers can better utilize their time and resources toward accomplishing their asylum responsibilities. These regulatory changes will also result in resource savings for asylum applicants, as an applicant will no longer be required to make an extra copy of his or her application for EOIR to forward to DOS, pursuant to current instructions to the Form I-589, Application for Asylum and for Withholding of Removal. Under this rule, the types of comments that DOS may provide will not change. At its option, DOS may provide detailed country conditions information relevant to the applicant's eligibility for asylum and withholding of removal. DOS may also provide an assessment of the accuracy of the applicant's assertions about conditions in the applicant's country of nationality or habitual residence and the applicant's particular situation, information about whether persons who are similarly situated to the applicant are persecuted or tortured in the applicant's country of nationality or habitual residence and the frequency of such persecution or torture, or such other information as DOS deems relevant. Additionally, these regulatory amendments are consistent with changes effected by implementation of the Homeland Security Act of 2002. The Homeland Security Act authorized the creation of DHS and transferred the functions of the former Immigration and Naturalization Service

(INS)to DHS, while retaining EOIR under the authority of the Attorney General. In order to accommodate these changes, title 8 of the Code of Federal Regulations was reorganized into separate chapters, chapter I for DHS and chapter V for the Department of Justice. *See* 68 FR 9824, 9834 (Feb. 28, 2003). The provisions governing procedures for asylum and withholding of removal in part 208 were duplicated into a new part 1208. As a result, part 208 governs asylum adjudications before DHS's USCIS and part 1208 governs asylum adjudications before EOIR. As this final rule only addresses submissions of asylum applications from EOIR to DOS, it is limited to amending 8 CFR 1208.11, 1240.11, 1240.33, and 1240.49. To be consistent with changes that effected implementation of the Homeland Security Act, references in EOIR's regulations to “The Service” and USCIS “asylum officers” forwarding asylum applications to DOS are removed, as those matters are now governed by the DHS regulations at 8 CFR 208.11. III. Technical Corrections This rule also includes several technical corrections. The regulations currently refer to 8 U.S.C. 1101 and Title VII of Public Law 110-229 as authority for 8 CFR part 1208. The proposed rule that was published on October 31, 2011, inadvertently omitted citations to 8 U.S.C. 1101 and Title VII of Public Law 110-229 in the authority section of 8 CFR part 1208. The proposed rule did not intend to remove those references. This final rule corrects these typographical omissions and includes citations to 8 U.S.C. 1101 and Title VII of Public Law 110-229 in the authority section of 8 CFR part 1208. The regulations currently refer to 8 U.S.C. 1224, 1251, 1252a, 1228 as authority for 8 CFR part 1240, but 8 U.S.C. 1224 is no longer directly applicable to part 1240 following the creation of DHS and related changes in the regulations. Sections 1251 and 1252a have been transferred to 8 U.S.C. 1227 and 1228, respectively, and 8 U.S.C. 1252b has been repealed. Additionally, the regulations currently do not include the following authorities, which are applicable to part 1240: 8 U.S.C. 1158, 1186b, 1229a, 1229b, 1229c, and 1361. This final rule updates the authority for 8 CFR part 1240 to reflect these changes. This final rule also includes two minor, non-substantive changes to 8 CFR 1208.11(a): Deleting the words “such” and “as an” and inserting the word “the” before “immigration judge.” Additionally, 8 CFR 1208.11(b)(3) is revised to duplicate 8 CFR 208.11(b)(3) by deleting the words “their respective” and inserting the words “the applicant's.” 8 CFR 1208.11(c) is also revised to change the word “the” to the word “an” before “applicable Executive Order.” The regulations at 8 CFR 1240.11(c)(2), 1240.33(b), and 1240.49(c)(3) are also revised to change the word “the” to the word “an” before “applicable Executive Order.” As announced in the proposed rule, the Department is also amending part 1240 to cite to the correct regulatory provision regarding filing of an asylum application as provided in 8 CFR 1208.4(b). The regulations at 8 CFR 1240.11(c)(2) and 8 CFR 1240.33(b) are corrected to cite to 8 CFR 1208.4(b). This change is consistent with 8 CFR 1240.49(c)(3). These amendments are technical corrections and do not make any substantive changes to parts 1208 and 1240. IV. Responses to Comments The Department of Justice provided an opportunity for comment, which ended on December 30, 2011. The Department received three comments: One from an anonymous individual; one from a candidate for a Master of Social Work degree; and one from a candidate for a *juris doctor* degree. The Department considered these comments in preparing this final rule. The comments are numbered one through three in order of receipt. All comments and other docket materials are available for viewing by making arrangements with the EOIR Office of the General Counsel as discussed above. The first comment is general in nature and expresses the view that the United States should withdraw from its international protection obligations towards applicants for asylum and withholding of removal and should, instead, impose a general immigration moratorium. As this comment does not address the changes set forth in the proposed rule, the comment does not require a response. The second commenter supports this rulemaking initiative. The commenter notes that while the DOS serves as an informational resource tool for immigration judges, the information provided by DOS is not normally dispositive of the outcome of a given case. This commenter recognizes EOIR's proposed regulatory changes will allow both the Department and the DOS to utilize DOS as an information resource and “not as a storage locker for thousands of filed defensive applications; many of which they are unable to review in a reasonably timely manner.” The commenter also expresses concern that the existing regulatory construct requiring DOS mandatory review of all defensive asylum and withholding applications filed with EOIR creates system inefficiencies, duplication of effort, and delays that may inadvertently extend the time an asylum applicant must remain in immigration detention during his or her immigration proceedings before EOIR. The commenter notes that the efficiencies to be gained by these regulatory changes outweigh possible negative considerations. Finally, the commenter notes that the direct and indirect cost savings to the government agencies directly affected by the regulation, as well as the cost savings to the public, allow for “a redirecting of tax dollars to other areas in need.” The Department agrees with this commenter that the proposed regulatory changes will make the DOS asylum application review process more economical and efficient. The third commenter opposes this rulemaking initiative. The commenter asserts that the proposed cost savings do not outweigh the possible harm to defensive asylum and withholding applicants. This commenter views the mandatory submission to DOS of all defensively received applications for asylum and withholding of removal as a safeguard against possible abuses of discretion by immigration judges making credibility determinations on asylum applicants' protection claims. The commenter notes that asylum applicants often suffer from some form of post-traumatic stress or depression that affects long-term memory, making credibility determinations very difficult and prone to error. The commenter further notes that DOS' cultural and country condition information may safeguard against immigration judges making incorrect adverse credibility determinations based upon asylum applicants' behavior and information that does not easily transfer across cultures. The Department appreciates this commenter's concerns. However, EOIR provides training to its adjudicators on cultural sensitivity and makes available numerous resources on country condition information, which more directly address the commenter's concerns. Moreover, continuing the current mandatory submission of all defensively filed asylum and withholding applications is not sustainable. DOS is tasked with numerous reporting and country condition responsibilities. DOS' review and comment on defensive asylum and withholding applications is a small part of its overall mission. Revising the regulations to allow for immigration judges to exercise their discretion to request DOS review and comment on specific protection claims will allow DOS to better focus its limited resources. The existing process is neither efficient nor efficacious in producing the results originally contemplated by the regulation. In a time of dwindling resources, both human and monetary, the Department has determined that it is best to amend the regulations to provide immigration judges with the discretion to determine when and for which cases to seek DOS review. The final rule also provides DOS with the ability to focus its resources on providing review and comment for the cases that immigration judges have identified as most in need of DOS' expertise. Additionally, DOS is required to provide to Congress annually Country Reports on Human Rights Practices and International Religious Freedom Reports, which provide world-wide country conditions information that continue to be useful to the adjudication of asylum applications. This rule does not alter these DOS responsibilities, nor affect how immigration judges utilize these DOS country condition resources. Accordingly, the Department is adopting as a final rule the proposed rule amending 8 CFR parts 1208 and 1240 that was published on October 31, 2011, including the non-substantive, technical corrections discussed in this rule. V. Regulatory Requirements A. Regulatory Flexibility Act The Department has reviewed this regulation in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)) and has determined that this rule will not have a significant economic impact on a substantial number of small entities for the following reason: This rule affects only the process by which EOIR forwards and DOS receives asylum applications. The rule will not regulate “small entities” as that term is defined in 5 U.S.C. 601(6). B. 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. C. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based companies to compete with foreign-based companies in domestic and export markets. D. Executive Orders 12866 and 13563 The Department has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and Executive Order 13563. Accordingly, this rule has not been submitted to the Office of Management and Budget for review. Nevertheless, the Department certifies that this regulation has been drafted in accordance with the principles of Executive Order 12866, section 1(b), and Executive Order 13563. E. Executive Order 13132: Federalism 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. F. 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. G. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, apply to this rule. The information collection requirement (Form I-589, Application for Asylum and for Withholding of Removal) discussed in this rule has been previously approved by the Office of Management and Budget (OMB. No. 1615-0067) as provided by the Paperwork Reduction Act. This rule will require revisions to the existing information collection. The Form I-589 instructions will be revised to reduce the number of form copies that must be submitted by applicants on and after the effective date of these regulations. Once a final rule is issued, EOIR and USCIS will work to modify the instructions to the Form I-589 to reflect the changes. List of Subjects 8 CFR Part 1208 Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements. 8 CFR Part 1240 Administrative practice and procedure, Aliens. Accordingly, for the reasons set forth in the preamble, part 1208 and part 1240 of chapter V of title 8 of the Code of Federal Regulations are amended as follows: PART 1208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL 1. The authority citation for part 1208 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1158, 1225, 1231, 1282; Title VII of Public Law 110-229. 2. Revise § 1208.11 to read as follows: § 1208.11 Comments from the Department of State.

(a)The immigration judge may request, in his or her discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or other information the immigration judge deems appropriate.

(b)With respect to any asylum application, the Department of State may provide, at its discretion, to the Immigration Court:

(1)Detailed country conditions information relevant to eligibility for asylum, withholding of removal under section 241(b)(3) of the Act, and withholding of removal under the Convention Against Torture;

(2)An assessment of the accuracy of the applicant's assertions about conditions in the applicant's country of nationality or habitual residence and the applicant's particular situation;

(3)Information about whether persons who are similarly situated to the applicant are persecuted or tortured in the applicant's country of nationality or habitual residence and the frequency of such persecution or torture; or

(4)Such other information as it deems relevant.

(c)Any comments received pursuant to paragraph

(b)of this section shall be made part of the record. Unless the comments are classified under an applicable Executive Order, the applicant shall be provided an opportunity to review and respond to such comments prior to the issuance of any decision to deny the application. PART 1240—PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES 3. The authority citation for part 1240 is revised to read as follows: Authority: 8 U.S.C. 1103, 1158, 1182, 1186a, 1186b, 1225, 1226, 1227, 1228, 1229a, 1229b, 1229c, 1252 note, 1361, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 2681). 4. Amend § 1240.11 by revising paragraph (c)(2) to read as follows: § 1240.11 Ancillary matters, applications.

(c)* * *

(2)An application for asylum or withholding of removal must be filed with the Immigration Court, pursuant to § 1208.4(b) of this chapter. Upon receipt of an application, the Immigration Court may forward a copy to the Department of State pursuant to § 1208.11 of this chapter and shall calendar the case for a hearing. The reply, if any, from the Department of State, unless classified under an applicable Executive Order, shall be given to both the alien and to DHS counsel and shall be included in the record. 5. Amend § 1240.33 by revising paragraph

(b)to read as follows: § 1240.33 Applications for asylum or withholding of deportation.

(b)An application for asylum or withholding of deportation must be filed with the Immigration Court, pursuant to § 1208.4(b) of this chapter. Upon receipt of an application, the Immigration Court may forward a copy to the Department of State pursuant to § 1208.11 of this chapter and shall calendar the case for a hearing. The reply, if any, from the Department of State, unless classified under an applicable Executive Order, shall be given to both the applicant and to DHS counsel and shall be included in the record. 6. Amend § 1240.49 by revising paragraph (c)(3) to read as follows: § 1240.49 Ancillary matters, applications.

(c)* * *

(3)An application for asylum or withholding of deportation must be filed with the Immigration Court, pursuant to § 1208.4(b) of this chapter. Upon receipt of an application, the Immigration Court may forward a copy to the Department of State pursuant to § 1208.11 of this chapter and shall calendar the case for a hearing. The reply, if any, of the Department of State, unless classified under an applicable Executive Order, shall be given to both the applicant and to DHS counsel and shall be included in the record. Dated: March 22, 2013. Eric H. Holder, Jr., Attorney General. [FR Doc. 2013-07252 Filed 3-28-13; 8:45 am]

Connectionstraces to 15

Traces to 15 documents

U.S. Code