Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-06-16.xml --- 80 115 Tuesday, June 16, 2015 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Soybean Promotion and Research: Adjustment of Representation on the United Soybean Board, 34325-34326 2015-14708 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Forest Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Fiscal Year 2014 Service Contract Inventory, 34391 2015-14805 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Operations in the Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur, 34455-34458 2015-14696 Fiscal Bureau of the Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Issue of United States Mortgage Guaranty Insurance Company Tax and Loss Bonds, 34494 2015-14692 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34435-34437 2015-14709 Meetings: Advisory Committee to the Director, Centers for Disease Control and Prevention, 34438-34439 2015-14749 Board of Scientific Counselors, National Center for Injury Prevention and Control, 34435 2015-14750 Healthcare Infection Control Practices Advisory Committee, 34437 2015-14751 Statement of Organization, Functions, and Delegations of Authority, 34437-34438 2015-14686 Coast Guard Coast Guard RULES Drawbridge Operations:

Bayou Sara, near Saraland, Mobile County, AL, 34315-34316 2015-14660 Pearl River, LA/MS, 34315 2015-14715 Safety Zones: Indian River Bay; Millsboro, DE, 34316-34318 2015-14797 Commerce Commerce Department See Economics and Statistics Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Credit Commodity Credit Corporation NOTICES Funding Availability:

Biofuel Infrastructure Partnership Grants to States, 34363-34366 2015-14763 Community Living Administration Community Living Administration NOTICES Applications for New Awards: Independent Living Administration, 34439-34443 2015-14706 Defense Acquisition Defense Acquisition Regulations System RULES Contract Cost Principles and Procedures; CFR Correction, 34324 2015-14536 Service Contracting; CFR Correction, 34324 2015-14537 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Government Property, 34433-34434 2015-14721 Economics Statistics Economics and Statistics Administration NOTICES Meetings: Commerce Data Advisory Council, 34368 2015-14796 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Borrower Defenses Against Loan Repayment; Correction, 34393-34394 2015-14701 National Household Education Survey 2016 Full-scale Data Collection, 34393 2015-14718 Employee Benefits Employee Benefits Security Administration RULES Summary of Benefits and Coverage and Uniform Glossary, 34292-34315 2015-14559 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

International Energy Agency, 34394-34395 2015-14775 Engineers Engineers Corps NOTICES Requests for Nominations: Stakeholder Representative Members of the Missouri River Recovery Implementation Committee, 34391-34393 2015-14583 Environmental Protection Environmental Protection Agency NOTICES Clean Air Act Operating Permit Program: Petition for Objection for Valero Refining Meraux, LLC in Louisiana, 34407-34408 2015-14790 Final National Pollutant Discharge Elimination System General Permit for Stormwater Discharges from Industrial Activities, 34403-34407 2015-14792 Requests to Voluntarily Cancel Certain Pesticide Registrations, 34408-34414 2015-14674 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Agusta S.p.A. (Agusta) Helicopters, 34247-34249 2015-14415 Airbus Airplanes, 34249-34252, 34262-34264 2015-14283 2015-14395 Avidyne Corporation Integrated Flight Displays, 34256-34258 2015-14645 Learjet Inc. Airplanes, 34258-34261 2015-14396 The Boeing Company Airplanes, 34244-34246, 34252-34256 2015-14174 2015-14397 Amendments to Titles of Restricted Areas: R-5301, R-5302A, R-5302B, and R-5302C; North Carolina, 34265-34266 2015-14798 Establishment of Class E Airspace: Tucumcari, NM;

VHF Omni-Directional Radio Range Tactical Air Navigation Aid, 34264-34265 2015-14322 Special Conditions: Honda Aircraft Co., Model HA-420; Fire Extinguishing for Overwing Pylon Mounted Engines, 34242-34244 2015-14816 PROPOSED RULES Airworthiness Directives: Airbus Helicopters (Previously Eurocopter France) (Airbus Helicopters) Helicopters, 34335-34338 2015-14282 B/E Aerospace Protective Breathing Equipment Part Number 119003-11, 34330-34332 2015-14286 Bell Helicopter Textron Canada Helicopters, 34332-34335 2015-14278 M7 Aerospace LLC Airplanes, 34326-34330 2015-14698 Aviation Training Device Credit for Pilot Certification, 34338-34346 2015-14836 Transponder Requirement for Gliders, 34346-34350 2015-14818 Federal Communications Federal Communications Commission RULES Disruptions to Communications, 34321-34324 2015-14685 PROPOSED RULES Disruptions to Communications, 34350-34362 2015-14687 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Eastern Shore Natural Gas Co.; Public Convenience and Necessity Certificate, 34402 2015-14739 Trans-Pecos Pipeline, LLC, 34402-34403 2015-14740 Complaints: Morgan Stanley Capital Group Inc. v. Midcontinent Independent System Operator, Inc., 34395 2015-14743 Environmental Assessments; Availability, etc.: Tennessee Gas Pipeline Co., LLC, Susquehanna West Project, 34397-34399 2015-14738 Filings: Alexandria, LA, 34400 2015-14741 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Adelanto Solar, LLC, 34395-34396 2015-14744 Buckeye Wind Energy, LLC, 34399-34400 2015-14746 Meetings: FFP Missouri 2, LLC, 34395 2015-14812 Zydeco Pipeline Co., LLC, Informal Settlement Conference, 34397 2015-14747 Meetings; Sunshine Act, 34400-34401 2015-14876 Petitions for Declaratory Orders: Grid Assurance, LLC, 34396 2015-14742 Qualifying Conduit Hydropower Facilities: Adak, AK, 34396-34397 2015-14745 Staff Attendances, 34400 2015-14736 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 34414-34415 2015-14803 2015-14857 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 34486-34487 2015-14919 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 34415 2015-14699 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34415-34433 2015-14707 2015-14802 Federal Transit Federal Transit Administration NOTICES Buy America Handbook:

Conducting Pre-Award and Post-Delivery Audits for Rolling Stock Procurements, 34487-34489 2015-14711 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Listing All Chimpanzees as Endangered Species, 34500-34525 2015-14232 NOTICES Environmental Impact Statements; Availability, etc.: Brazoria National Wildlife Refuge, 34452-34453 2015-14714 Food and Drug Food and Drug Administration RULES Food Additives Permitted for Human Consumption; TBHQ, 34274-34276 2015-14704 New Animal Drugs:

Application Approvals; Change of Sponsor, 34276-34279 2015-14734 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Ringo Project, Ringo Butte south of Wickiup Reservoir, Crescent Ranger District, 34366-34368 2015-14713 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Contract Administration, Quality Assurance, 34434-34435 2015-14722 Government Property, 34433-34434 2015-14721 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Summary of Benefits and Coverage and Uniform Glossary, 34292-34315 2015-14559 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34443 2015-14684 Homeland Homeland Security Department See Coast Guard RULES Interest Rate Paid on Cash Deposited to Secure Immigration Bonds, 34239-34242 2015-14675 NOTICES Meetings: National Infrastructure Advisory Council, 34451-34452 2015-14673 Industry Industry and Security Bureau RULES Implementation of the Australia Group November 2013 Intersessional Decisions, 34266-34274 2015-14471 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Portability of a Deceased Spousal Unused Exclusion Amount, 34279-34292 2015-14663 Summary of Benefits and Coverage and Uniform Glossary, 34292-34315 2015-14559 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34494-34496 2015-14679 2015-14680 2015-14681 Meetings: Electronic Tax Administration Advisory Committee, 34495 2015-14682 International Trade Adm International Trade Administration NOTICES Amended Final Determination of Sales at Less Than Fair Value: Certain Steel Nails from Malaysia, 34370-34371 2015-14767 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Hand Trucks and Certain Parts Thereof from the People's Republic of China, 34369-34371 2015-14769 2015-14772 Scope Rulings, 34368-34369 2015-14768 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Pressure Sensitive Plastic Tape from Italy, 34458 2015-14755 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Air Act, 34458-34459 2015-14705 Labor Department Labor Department See Employee Benefits Security Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34453-34455 2015-14710 2015-14712 Management Management and Budget Office NOTICES Digital Service Contracting Professional Training and Development Program Challenge:

Requirements and Registration, 34459-34464 2015-14683 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ANGELA-ARGO, 34492 2015-14784 Vessel BLACK STRAP, 34489 2015-14793 Vessel GIZMO, 34491-34492 2015-14782 Vessel SASSY, 34489-34490 2015-14785 Vessel SEAS THE MOMENT, 34491 2015-14791 Vessel SLICE OF LIFE III, 34490 2015-14778 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Government Property, 34433-34434 2015-14721 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 34444-34446 2015-14731 2015-14732 2015-14665 National Institute of Diabetes and Digestive and Kidney Diseases, 34446 2015-14666 National Institute of Environmental Health Sciences, 34445 2015-14664 National Institute on Aging, 34445 2015-14667 National Oceanic National Oceanic and Atmospheric Administration NOTICES Permits:

Marine Mammals; File No. 14610, 34384-34385 2015-14753 Takes of Marine Mammals Incidental to Specified Activities: Land Survey Activities within the Eastern Aleutian Islands Archipelago, AK, 2015, 34385-34391 2015-14700 Shell Ice Overflight Surveys in the Beaufort and Chukchi Seas, AK, 34371-34384 2015-14702 National Park National Park Service NOTICES Establishment of a New Recreation Fee Area at Minuteman Missile National Historic Site, 34455 2015-14723 National Transportation National Transportation Safety Board NOTICES Service Contract Inventories, 34464 2015-14719 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Protection Requirements and Indemnity Agreements, 34464-34465 2015-14716 Registration Certificate -- Use of Depleted Uranium under General License, 34466-34467 2015-14717 License Amendment ApplicationsL Northern States Power Co., Minnesota, Monticello Nuclear Generating Plant; Withdrawal, 34465-34466 2015-14794 Patent Patent and Trademark Office RULES Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board, 34318 C1--2015--12117 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety:

Special Permit Renewal Requests, 34492-34494 2015-14720 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Week of Making (Proc. 9293), 34527-34530 2015-14980 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 34480 2015-14834 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 34467-34471 2015-14672 Miami International Securities Exchange LLC, 34480-34483 2015-14669 NASDAQ OMX PHLX LLC, 34473-34475 2015-14671 NASDAQ Stock Market LLC, 34471-34473 2015-14670 New York Stock Exchange LLC, 34475-34480 2015-14668 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34484 2015-14724 Disaster Declarations: Guam, 34485 2015-14777 Oklahoma; Amendment 1, 34483 2015-14789 Oklahoma; Amendment 3, 34484 2015-14725 Texas; Amendment 1, 34483-34484 2015-14735 2015-14776 State Department State Department NOTICES Delegations of Authority, 34486 2015-14799 Presidential Permits to Reconfigure, Expand, Operate, and Maintain a Vehicle and Pedestrian Border Crossing: Calexico West, Calexico, CA, 34485-34486 2015-14804 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34446-34451 2015-14727 2015-14728 2015-14729 2015-14733 Surface Transportation Surface Transportation Board NOTICES Senior Executive Service Performance Review Board and Executive Resources Board Membership, 34494 2015-14697 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Bureau of the Fiscal Service See Internal Revenue Service Veteran Affairs Veterans Affairs Department RULES Loan Guaranty:

Elimination of Redundant Regulations; Correction, 34318-34320 2015-13456 NOTICES Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 34496-34497 2015-14764 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34459 2015-14678 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 34500-34525 2015-14232 Part III Presidential Documents, 34527-34530 2015-14980 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. 80 115 Tuesday, June 16, 2015 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 293 [DHS Docket No. ICEB-2013-0002] RIN 1653-AA66 Change to Existing Regulation Concerning the Interest Rate Paid on Cash Deposited To Secure Immigration Bonds AGENCY:

U.S. Immigration and Customs Enforcement, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security is amending its regulations addressing the payment of interest on cash bond deposits to explicitly provide that the Department of the Treasury (Treasury) will set the interest rate. Treasury will notify the public of its interest rate determinations by publishing the rates on the Treasury Web site or via another mechanism. Under the existing regulation, the current rate of interest paid on deposits securing cash bonds is 3 percent per annum. 8 U.S.C. 1363(a); 8 CFR 293.2.

This final rulemaking is consistent with the requirement of 8 U.S.C. 1363(a) that interest payments shall be “at a rate determined by the Secretary of the Treasury, except that in no case shall the interest rate exceed 3 per centum per annum.” DATES: This rule is effective August 17, 2015. ADDRESSES: Comments and related materials received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket ICEB-2013-0002 and are available online by going to *http://www.regulations.gov,* inserting ICEB-2013-0002 in the “Search” box, and then clicking “Search.

” FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Don Benoit, Bonds Branch Supervisor, Burlington Finance Center, P.O. Box 5000, Williston, VT 05495-5000. Telephone:

(802)288-7630, email: *Donald.R.Benoit@ice.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Regulatory History and Information On October 28, 2013, DHS published a notice of proposed rulemaking

(NPRM)in the **Federal Register** , entitled *Change to Existing Regulation Concerning the Interest Rate Paid on Cash Deposited to Secure Immigration Bonds.* 78 FR 64183. We received two comments on the proposed rule. No public meeting was requested, and none was held. II. Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register ICE U.S. Immigration and Customs Enforcement INA Immigration and Nationality Act of 1952, as amended NPRM Notice of proposed rulemaking OMB Office of Management and Budget § Section symbol U.S.C. United States Code III. Basis and Purpose A. Immigration Bonds Secured by Cash U.S. Immigration and Customs Enforcement

(ICE)may release certain aliens from detention during removal proceedings after a custody determination has been made pursuant to 8 CFR 236.1(c). As a condition of his/her release from custody, an alien may be required to post an immigration bond. Currently, about 91 percent of the immigration bonds issued each year is secured by cash (cash bonds). (Fiscal Year 2013 Total, Cash Bonds and Surety Bonds—on file with the Bonds Branch, ICE Financial Operations—Burlington). The other 9 percent of the immigration bonds are issued by surety companies (surety bonds) certified by the Department of the Treasury to post bonds on behalf of the Federal government pursuant to 31 U.S.C. 9304-9308 and 31 CFR part 223. ICE deposits cash pledged as security on cash bonds in a fund maintained by Treasury known as the Immigration Bond Deposit Account. These funds are held “in trust” for the obligor and currently earn simple interest at the rate of 3 percent per annum. 8 U.S.C. 1363(a); 8 CFR part 293. Immigration bonds are not in effect for a set period of time. They remain in effect until they are breached or canceled. On average, a cash bond is in effect for about 34 months. (Data on file with ICE Financial Operations—Burlington). B. Payment of Interest on Cash Bond Deposits In 1970, Congress added section 293 of the Immigration and Nationality Act (INA), as amended, to pay interest at a rate determined by the Secretary of the Treasury, not to exceed 3 per centum per annum, on cash received as security for immigration bonds. Public Law 91-313 (July 10, 1970) (codified at 8 U.S.C. 1363). Effective on the date of its publication in the **Federal Register** , July 23, 1971, the interest rate set by Treasury—3 per centum per annum—has been paid on cash bond deposits received after April 27, 1966. 36 FR 13677 (8 CFR part 293). Thus, since 1971, the Government has paid simple interest at the rate of 3 percent per year on cash deposited by bond obligors to secure immigration bonds. Interest is earned on a cash bond from the date the bond is issued until it is breached or canceled. The amount of interest earned varies depending on the face amount of the bond and the length of time it remains in effect. For example, a $5,000 cash bond in effect for 3 years would earn $450 in interest with a 3 percent per annum interest rate. In the NPRM published on October 28, 2013, DHS proposed to modify the current 8 CFR 293.2, which states that “effective from date of deposit occurring after April 27, 1966, the interest rate shall be 3 per centum per annum.” DHS proposed to revise this provision to explicitly state that Treasury will set the interest rate directly. Thus, DHS proposed to utilize the rate set by Treasury in issuing interest payments, with DHS having no role in setting the rate. 78 FR 64183. IV. Discussion of Comments and the Final Rule The October 2013 NPRM provided for a public comment period of 60 days, which ended on December 27, 2013. During that time period, DHS received two public comments. One of the comments recommended the interest rate be set at the flat rate of one-half of one percent. DHS considered the comment and decided not to adopt it. As discussed above, Treasury possesses the statutory authority to set the interest rate on cash received as security for immigration bonds. Public Law 91-313 (July 10, 1970) (codified at 8 U.S.C. 1363). DHS does not possess the statutory authority to set the rate in the manner suggested by the commenter. The second comment, submitted by a bonding agency, opposed the rule because the rule did not specify that any change in the interest rate would only apply to cash bonds posted after Treasury issues a new interest rate. The commenter proposed keeping the current 3 percent interest rate for all bonds posted prior to the effective date of an interest rate change until the bond was breached or canceled. For bonds posted after the effective date of the rule, the commenter proposed applying the interest rate in effect at the time the bond was posted throughout the life of the bond. DHS has decided against adopting this proposal. DHS understands that Treasury may set a fluctuating, market-based rate that will not exceed the statutory 3 percent ceiling. Assuming that Treasury sets such a rate, DHS will apply the new rate to all cash bond deposits as of the rate's effective date. Unless Treasury's published rate requires otherwise, DHS will adjust any Treasury-determined rate each time the rate changes. Consistent with 8 U.S.C. 1363, bond deposits will continue to receive the 3 percent rate until the new Treasury rate goes into effect. After the effective date of a new rate, DHS will apply the new Treasury rate to all bond deposits. After considering different options for how to finalize this regulation, including the method proposed in the second comment, DHS has determined that unless Treasury's published rate requires otherwise, it will apply any new Treasury rate to all bond deposits regardless of when the bond was posted. DHS made this decision for a number of reasons. If DHS adopted the second comment and assigned a fixed interest rate based on the date the bond was posted, DHS would not be able to effectuate a determination by Treasury that a fluctuating rate be applied to cash bond deposits. Under 8 U.S.C. 1363(a), cash received as security on an immigration bond “shall bear interest at a rate determined by the Secretary of the Treasury.” The second comment's proposal—that DHS require multiple interest rates to be paid on bonds depending on the date the bond was posted—is inconsistent with the statutory language. DHS's approach also has the advantage of applying any new interest rate uniformly to cash bond deposits. All deposits will continue to receive the 3 percent rate until a new interest rate goes into effect. As of the effective date of the new rate, the new rate will be applied to all of the deposits and, as the rate changes, each succeeding new rate will be applied to all of the deposits. This approach recognizes Treasury's broad discretion under statute to set an appropriate rate. This approach has the further advantage of allowing any new interest rate's budget impact to be monitored. DHS has carefully considered how the new rule impacts the ability of an alien to secure a cash bond and expects that any effects will be negligible. For a variety of reasons, DHS believes that cash bond obligors are generally insensitive to changes in the bond interest rate. For instance, in DHS's experience, the vast majority of cash bond obligors are the alien's family members or friends who post bonds for the primary purpose of releasing the alien from custody. The interest earned on the cash deposits for these obligors is incidental to effectuating the alien's release. Moreover, if any cash bond obligors are so sensitive to a change in the bond's interest rate that they want to terminate their obligations under the bond, a process exists that allows the possible early surrender of the bonded alien. Any obligor may ask the DHS office that posted the bond to authorize surrender of the alien before being required to do so by DHS. Such a request may be granted at the discretion of the office where the bond was posted. If the request is granted, the bond would be canceled once the obligor effectuates surrender of the alien, and the cash deposit would be refunded. Finally, the second commenter noted the possibility of unfair surprise if the interest rate were to change during the life of the bond, because “the depositing party was advised of, and relied upon, the 3% interest rate at the time the cash deposit was made.” While Treasury's initial determination of a 3 percent interest rate was published in a 1971 regulation, 8 CFR 293.2, DHS notes that, since 1970, it has been Treasury's statutory prerogative to determine the interest rate. The bond agreement between DHS and the bond obligor does not contain an interest rate as one of its terms and does not guarantee that the interest rate originally determined by Treasury would be in effect for the life of the bond. ICE Form I-352. Instead, by statute, Treasury is authorized to determine the interest rate, and DHS calculates the amount of interest earned based on the rate set by Treasury, the face amount of the bond, and the number of days that the bond was in effect. Even assuming a future change in the interest rate frustrates the expectations of an obligor who was aware of the 3 percent rate, ICE may nonetheless apply a new rate to a bond deposit after the new rate goes into effect because ICE will not be attaching new legal consequences to completed, past conduct. Instead, ICE will be applying the new rate to an open cash bond—an agreement whose fulfillment is still a work in progress. Until Treasury sets a new interest rate, cash deposits currently securing bonds will continue to receive the 3 percent interest rate. As described above, following implementation of a new interest rate, deposits could begin receiving a different rate. This approach will therefore have an exclusively future effect. V. Statutory and Regulatory Requirements DHS developed this rule after considering numerous statutes and executive orders related to rulemaking. The below sections summarize our analyses based on a number of these statutes and executive orders. A. Executive Orders 12866 and 13563: Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget

(OMB)has not designated this rule a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, OMB did not review the proposed rule and has not reviewed the final rule. The proposed and final rules explicitly state that Treasury is authorized by statute to set the interest rate paid on cash deposited to secure immigration bonds, provided that the rate cannot exceed 3 percent per year and cannot be less than 0. In deciding to propose this rule, DHS considered whether DHS would implement any possible future changes to the current fixed interest rate of 3 percent per annum that may be made by Treasury, through informal rulemaking or other means. DHS rejected this alternative. Because Congress authorized the Secretary of the Treasury to set the rate directly, the approach that DHS proposed and adopts here is a more efficient and cost-effective process. The proposed and final rules further do not make any changes to the current interest rate paid to cash bond obligors; under current law, a change to the current interest rate paid cannot be made except under Treasury's sole authority. As this rulemaking does not make any changes to the current fixed 3 percent per annum interest rate, this rule does not impose any costs on bond obligors. As noted above, under current law, Treasury has the sole authority to set the interest rate that DHS uses to determine the amount of interest paid for cash immigration bonds. The rule provides that Treasury will set the interest rate directly and will publish the interest rate on the Treasury Web site or through another mechanism. This will save DHS resources by removing the intermediate step for DHS to implement Treasury's decision by informal rulemaking. B. Regulatory Flexibility Act Under the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule does not impose any direct costs on small entities. Consequently, DHS certifies this final rule would not impose a significant economic impact on a substantial number of small entities. DHS received no public comments challenging this certification. C. The Small Business Regulatory Enforcement Fairness Act of 1996 This final rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. This rule would not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic or export markets. D. Paperwork Reduction Act of 1995 All Departments are required to submit to OMB for review and approval, any reporting or recordkeeping requirements inherent in a rule under the Paperwork Reduction Act of 1995, Pub. L. 104-13, 109 Stat. 163 (1995), 44 U.S.C. 3501-3520. This rule does not change or require a collection of information. E. Federalism A rule has implications for federalism under Executive Order 13132, *Federalism,* if it has a substantial direct effect 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. We have analyzed this rule under the Order and have determined that it does not have implications for federalism. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This rule will not result in such an expenditure. G. Private Property This rule will not cause a taking of private property or otherwise have takings implications under Executive Order 12630, *Governmental Actions and Interference with Constitutionally Protected Property Rights.* H. Civil Justice Reform This rule meets applicable standards in section 3(a) and 3(b)(2) of Executive Order 12988, *Civil Justice Reform,* to minimize litigation, eliminate ambiguity, and reduce burden. DHS has determined that this rule meets the requirements of E.O. 12988 because it does not involve any retroactive effects, preemptive effects, or any other matters addressed in E.O. 12988. I. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and will not have a significant adverse effect on the supply, distribution, or use of energy. J. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.,* specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. K. National Environmental Policy Act U.S. Department of Homeland Security Management Directive

(MD)023-01 establishes procedures that the Department and its components use to comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4375, and the Council on Environmental Quality

(CEQ)regulations for implementing NEPA, 40 CFR parts 1500-1508. CEQ regulations allow federal agencies to establish categories of actions which do not individually or cumulatively have a significant effect on the human environment and, therefore, do not require an Environmental Assessment or Environmental Impact Statement. 40 CFR 1508.4. DHS MD 023-01 lists the Categorical Exclusions that the Department has found to have no such effect. MD 023-01 app. A tbl.1. This final rule amends 8 CFR part 293 to change the interest rate for immigration bonds secured by cash from a fixed rate of 3 percent per year to a rate determined by the Secretary of the Treasury, provided that the rate does not exceed 3 percent per year and is not less than 0. DHS has analyzed this rule under MD 023-01. ICE has determined that this action is one of a category of actions which does not individually or cumulatively have a significant effect on the human environment. This rule clearly fits within the two Categorical Exclusions found in MD 023-01, Appendix A, Table 1: A3(a): “Promulgation of rules . . . of a strictly administrative and procedural nature”; and A3(d): “Promulgation of rules . . . that interpret or amend an existing regulation without changing its environmental effect.” This rule is not part of a larger action. This rule presents no extraordinary circumstances creating the potential for significant environmental effects. Therefore, this rule is categorically excluded from further NEPA review. List of Subjects in 8 CFR Part 293 Administrative practice and procedure, Aliens, Bonds, Immigration, Interest rate. Amendments to the Regulations For the reasons discussed in the preamble, DHS amends 8 CFR part 293 as follows: PART 293—DEPOSIT OF AND INTEREST ON CASH RECEIVED TO SECURE IMMIGRATION BONDS 1. Revise the authority citation for part 293 to read as follows: Authority: 8 U.S.C. 1363. 2. Revise § 293.1 to read as follows: § 293.1 Computation of interest. The Secretary of the Treasury determines the rate at which an immigration bond secured by cash shall bear interest, consistent with 8 CFR 293.2. Interest shall be computed from the deposit date to and including the refund date or breach date of the immigration bond. For purposes of this part, the deposit date shall be the date shown on the receipt for the cash received as security on an immigration bond. The refund date shall be the date upon which the interest is certified to the Treasury Department for payment. The breach date shall be the date the immigration bond was breached as shown on Form I-323—“Notice—Immigration Bond Breached.” In counting the number of days for which interest shall be computed, the day on which the cash was deposited shall not be counted; however, the refund date or the breach date shall be counted. 3. Revise § 293.2 to read as follows: § 293.2 Interest rate. Interest on cash deposited to secure immigration bonds will be at the rate as determined by the Secretary of the Treasury, but in no case will exceed 3 per centum per annum or be less than zero. The rate will be published by Treasury on the Treasury Web site or through another mechanism. 4. Revise § 293.3 to read as follows: § 293.3 Time of payment. Interest shall be paid only at time of disposition of principal cash when the immigration bond has been cancelled or declared breached. § 293.4 [Removed] 5. Remove § 293.4. Jeh Charles Johnson, Secretary of Homeland Security. [FR Doc. 2015-14675 Filed 6-15-15; 8:45 am]

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