Unknown. Final rule; technical amendment

6,818 words·~31 min read·/register/2016/09/09/2016-21526

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-2016-09-09.xml --- 81 175 Friday, September 9, 2016 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62470 2016-21700 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See National Agricultural Statistics Service Army Army Department NOTICES Privacy Act; Systems of Records, 62482-62484 2016-21768 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 62503-62504 2016-21625 Civil Rights Civil Rights Commission NOTICES Meetings: Indiana Advisory Committee, 62471-62472 2016-21737 Coast Guard Coast Guard RULES Civil Monetary Penalty Adjustments for Inflation, 62353 C1--2016--15673 Drawbridge Operations: Black Warrior River, Eutaw, AL, 62367-62368 2016-21778 Delaware River, Tacony, PA and Palmyra, NJ, 62368 2016-21692 Hackensack River, Jersey City, NJ, 62366-62367 2016-21766 Regulated Navigation Areas:

Portsmouth Naval Shipyard, Kittery, ME and Portsmouth, NH, 62368-62371 2016-21757 Safety Zones: Tennessee River, Chattanooga, TN, 62371-62372 2016-21775 Special Local Regulations: Cumberland River Dragon Boat Festival, Cumberland River, Nashville, TN, 62365 2016-21774 Louisville Dragon Boat Festival, Ohio River, 62365 2016-21743 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information 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, 62481-62482 2016-21735 2016-21736 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 62482 2016-21807 Copyright Office Copyright Office, Library of Congress RULES Reconsideration Procedure for Refusals to Register; Revised Deadlines, 62373 2016-21671 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62486-62487 2016-21695 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Examination of Records by Comptroller General and Contract Audit, 62502-62503 2016-21721 Privacy Act; Systems of Records, 62484-62488 2016-21742 2016-21751 Education Department Education Department NOTICES Privacy Act; Systems of Records, 62488-62489 2016-21776 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Petitions for Waivers:

Dyson, Inc.; Battery Chargers Test Procedures, 62489-62493 2016-21749 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; NOx Emission Trading Orders as Single Source SIP Revisions, 62378-62381 2016-21453 Indiana; Redesignation of Indiana Portion of Louisville Area to Attainment of 1997 Annual Standard for Fine Particulate Matter, 62390-62393 2016-21457 Iowa; Title V Operating Permits Program, the State Implementation Plan, and 112(1) Plan, 62387-62390 2016-21469 Kansas; 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards, 62373-62375 2016-21474 Texas;

Infrastructure or Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 62375-62378 2016-21593 Texas; Revisions to the General Definitions for New Source Review and the Minor NSR Qualified Facilities Program, 62381-62387 2016-21594 National Pollutant Discharge Elimination System Electronic Reporting, 62395-62397 2016-21204 National Priorities List, 62397-62403 2016-21615 Outer Continental Shelf Air Regulations: Maryland; Consistency Update, 62393-62395 2016-21460 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Iowa; Title V Operating Permits Program, 62426-62427 2016-21468 National Priorities List, 62428-62433 2016-21626 Outer Continental Shelf Air Regulations: Maryland; Consistency Update, 62427-62428 2016-21459 NOTICES Environmental Impact Statements; Availability, etc.; Weekly Receipts, 62500 2016-21769 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers, 62550-62551 2016-21708 Reduction of Fuel Tank Flammability on Transport Category Airplanes, 62551 2016-21710 Airport Property Releases:

Bowman Field Airport, Louisville, KY (LOU), 62550 2016-21706 Meetings: Eleventh RTCA SC-228 Minimum Performance Standards for UAS Plenary Session, 62549-62550 2016-21738 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62535-62536 2016-21694 Federal Communications Federal Communications Commission PROPOSED RULES Radio Broadcasting Services: Pima, AZ, 62433 2016-21764 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 62500 2016-21791 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 62494-62496, 62499 2016-21679 2016-21680 2016-21683 Environmental Assessments; Availability, etc.: Crown Hydro, LLC; Crown Mill Hydroelectric Project, 62494 2016-21746 Tennessee Gas Pipeline Co., LLC; Abandonment and Capacity Restoration Project, 62493 2016-21748 Third Dam Facilities; Logan No. 2 Project; City of Logan, UT, 62497-62498 2016-21745 Total Peaking Services, LLC;

Vaporization Capacity Increase and BOG Compressor Project, 62493-62494 2016-21744 Environmental Impact Statements; Availability, etc.: Columbia Gas Transmission, LLC; Columbia Gulf Transmission. LLC: Leach Xpress Project and Rayne Xpress Expansion Project, 62498-62499 2016-21681 Filings: Southeastern Power Administration, 62495-62496 2016-21682 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Caprock Solar I, LLC, 62499 2016-21685 Grand View PV Solar Two, LLC, 62497 2016-21684 Preliminary Permit Applications:

Prineville Energy Storage LLC and Ochoco Irrigation District, 62496-62497 2016-21747 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Insulin Treated Diabetes Mellitus and Commercial Motor Vehicle Drivers, 62448-62450 2016-21724 NOTICES Exemption Applications; Denials: Epilepsy and Seizure Disorders, 62552-62553, 62555-62556 2016-21716 2016-21718 Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 62551-62557 2016-21715 2016-21717 2016-21719 2016-21720 Federal Railroad Federal Railroad Administration NOTICES Petition for Special Approval of Alternate Standard, 62557 2016-21762 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 62501-62502 2016-21675 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Certain Federal Indian Reservations and Ceded Lands; 2016-17 Season, 62404-62418 2016-21739 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Guadalupe Fescue, 62455-62469 2016-21587 Endangered Species Status for Guadalupe Fescue, 62450-62455 2016-21588 NOTICES Endangered Species Permit Applications, 62529-62530 2016-21702 Food and Drug Food and Drug Administration RULES Maximum Civil Money Penalty Amounts;

Technical Amendment, 62358 2016-21705 NOTICES Guidance for Industry: Substantiation for Structure/Function Claims Made in Infant Formula Labels and Labeling, 62509-62511 2016-21725 Guidance: E17 General Principles for Planning and Design of Multi-Regional Clinical Trials; International Council for Harmonisation, 62506-62508 2016-21689 Health Document Submission Requirements for Tobacco Products, 62505-62506 2016-21686 Meetings: Blood Products Advisory Committee Advisory Committee, 62504-62505 2016-21687 Science Advisory Board to the National Center for Toxicological Research Advisory Committee, 62508-62509 2016-21688 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Rasmussen Valley Phosphate Mine, Caribou County, Idaho, 62531-62533 2016-21772 White River National Forest; Eagle County, CO; Berlaimont Estates Access Route EIS; Withdrawal, 62470-62471 2016-21714 General Services General Services Administration PROPOSED RULES General Services Administration Acquisition Regulations: Construction Contract Administration, 62434-62445 2016-21629 Federal Supply Schedule, Order-Level Materials, 62445-62448 2016-21610 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Examination of Records by Comptroller General and Contract Audit, 62502-62503 2016-21721 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Medication Assisted Treatment for Opioid Use Disorders, 62403-62404 2016-21674 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Maternal, Infant, and Early Childhood Home Visiting Program Cost Reporting Pilot Study, 62511-62512 2016-21734 Small Rural Hospital Transitions Project, 62512-62513 2016-21733 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 62353 C1--2016--15673 Issuance of Notices to Appear, Warrants of Removal, Exercise of Power by Immigration Officers, and Standards for Enforcement Activities;

Corrections, 62353-62358 2016-21526 NOTICES Extension of and Addition to Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011, 62520-62521 2016-21525 Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 62522-62529 2016-21470 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Community Catalyst: The Roles of Libraries and Museums as Enablers of Community Vitality and Co-Creators of Positive Community Change, 62540 2016-21667 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Modifications to Minimum Present Value Requirements for Partial Annuity Distribution Options under Defined Benefit Pension Plans, 62359-62365 2016-21393 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Magnesia Carbon Bricks from the People's Republic of China, 62472-62474 2016-21767 Small Diameter Graphite Electrodes from the People's Republic of China; Administrative Review 2014-2015, 62474-62476 2016-21782 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Consent Decrees: Proposed Consent Decrees under the Clean Water Act and the Oil Pollution Act, 62536-62537 2016-21693 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Special Employment under the Fair Labor Standards Act, 62537-62538 2016-21723 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Rasmussen Valley Phosphate Mine, Caribou County, Idaho, 62531-62533 2016-21772 Vegetation Treatments Using Herbicides on Lands in 17 Western States; Availability of Record of Decision, 62530-62531 2016-21446 Supplementary Rules: Travel Management Limitations on Public Lands in Fremont County, Wyoming, 62533-62535 2016-21777 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Examination of Records by Comptroller General and Contract Audit, 62502-62503 2016-21721 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62471 2016-21696 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62538 2016-21691 Records Schedules;

Availability, 62538-62539 2016-21690 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 62514-62515 2016-21699 Requests for Information: National Toxicology Program, 62513-62514 2016-21698 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: General Advisory Committee to the U.S.

Section to the Inter-American Tropical Tuna Commission and Scientific Advisory Subcommittee to the General Advisory Committee, 62478 2016-21765 Gulf of Mexico Fishery Management Council, 62477-62479 2016-21728 2016-21729 Mid-Atlantic Fishery Management Council, 62477-62478 2016-21730 North Pacific Fishery Management Council, 62476-62477 2016-21713 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 62543-62546 2016-21655 National Broadband Research Agenda, 62479-62481 2016-21771 Permit Applications:

Antarctic Conservation Act, 62541-62543 2016-21668 2016-21669 National Telecommunications National Telecommunications and Information Administration NOTICES National Broadband Research Agenda, 62479-62481 2016-21771 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62546-62547 2016-21770 Patent Patent and Trademark Office NOTICES Meetings: National Medal of Technology and Innovation Nomination Evaluation Committee, 62481 2016-21871 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Labor Day (Proc. 9486), 62599-62602 2016-21924 Social Social Security Administration PROPOSED RULES Evaluation of Medical Evidence, 62560-62598 2016-21358 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Self Certification and Ability to Perform In Emergencies Program, 62547-62548 2016-21756 Certifications Under the Department of State, Foreign Operations, and Related Programs Appropriations Act, 62547 2016-21761 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions:

Mississippi Southern Railroad, LLC from The Kansas City Southern Railway Co., 62549 2016-21773 Trackage Rights Exemptions: Grand Elk Railroad, Inc. from Norfolk Southern Railway Co., 62548-62549 2016-21701 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Security Transportation Security Administration RULES Civil Monetary Penalty Adjustments for Inflation, 62353 C1--2016--15673 Treasury Treasury Department See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Freedom of Information/Privacy Act Request, 62521-62522 2016-21664 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Approval to Manipulate, Examine, Sample or Transfer Goods, 62519-62520 2016-21678 Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers, 62516 2016-21727 Foreign Assembler's Declaration, 62517-62518 2016-21726 Lien Notice, 62518-62519 2016-21677 Vessel Entrance or Clearance Statement, 62517 2016-21676 National Customs Automation Program Tests:

Submission of Data Required by the Food Safety and Inspection Service in the Automated Commercial Environment, 62515-62516 2016-21673 Veteran Affairs Veterans Affairs Department PROPOSED RULES Diseases Associated with Exposure to Contaminants in the Water Supply at Camp Lejeune, 62419-62426 2016-21455 Western Western Area Power Administration NOTICES Rate Orders: Washoe Project, 62499-62500 2016-21740 Separate Parts In This Issue Part II Social Security Administration, 62560-62598 2016-21358 Part III Presidential Documents, 62599-62602 2016-21924 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 175 Friday, September 9, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 8 CFR Parts 270, 274a, and 280 Coast Guard 33 CFR Part 27 Transportation Security Administration 49 CFR Part 1503 [Docket No. DHS-2016-0034] RIN 1601-AA80 Civil Monetary Penalty Adjustments for Inflation Correction In rule document 2016-15673, appearing on pages 42987-43006 in the issue of Friday, July 1, 2016, make the following correction:

PART 274a—CONTROL OF EMPLOYMENT OF ALIENS [Corrected] 1. On page 43002, in the first column, on the nineteenth line, amendatory paragraph number 6, appearing in PART 274a, that reads “■ 6. In § 4a.8, revise

(b)to read as follows:” is corrected as set forth below: 6. In § 274a.8, revise

(b)to read as follows: [FR Doc. C1-2016-15673 Filed 9-8-16; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 236, 238, 239, 240, 241, and 287 [CBP Dec. 16-14] Technical Corrections Relating to Issuance of Notices To Appear, Warrants of Removal, Exercise of Power by Immigration Officers, and Standards for Enforcement Activities AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Final rule; technical amendment. SUMMARY: The Department of Homeland Security

(DHS)is amending its regulations to update various provisions that list specific immigration officials who are authorized to perform various immigration functions, including the issuance of notices to appear, warrants of removal, and arrest warrants. The lists are outdated and do not reflect the current DHS organizational structure. DHS is updating the lists with the specific officials who are currently authorized to perform these various functions. DHS is also making some technical corrections to update nomenclature and outdated references in the affected provisions. DATES: Effective September 9, 2016. FOR FURTHER INFORMATION CONTACT: Border Patrol Aspects: Cipriano Encinia, U.S. Border Patrol, *Cipriano.Encinia@cbp.dhs.gov;* Field Operations Aspects: James Ryan Hutton, Office of Field Operations, *James.Hutton@cbp.dhs.gov;* Air and Marine Aspects: Daniel Jordan, Air and Marine Operations, *daniel.a.jordan@cbp.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background The Department of Homeland Security

(DHS)was established on January 24, 2003, pursuant to the Homeland Security Act of 2002 (HSA), Public Law 107-296, 116 Stat. 2135, codified at 6 U.S.C. 101, *et seq.* Section 441 of the HSA transferred from the Commissioner of Immigration and Naturalization Service to DHS all border security functions, personnel, assets, and liabilities. *See* 6 U.S.C. 251. Pursuant to section 1502 of the HSA, on November 25, 2002, the President submitted to Congress a reorganization plan. *See* 6 U.S.C. 542. On January 30, 2003, the President submitted a modified reorganization plan, which provided that the Customs Service, now, U.S. Customs and Border Protection (CBP), would contain, among other things, the resources and missions relating to borders and ports of entry of the Customs Service and the Immigration and Naturalization Service. This modified reorganization plan also provided that the Bureau of Border Security, now, the U.S. Immigration and Customs Enforcement (ICE), would contain, among other things, the detention and removal program, the intelligence program, and the investigations program of the Immigration and Naturalization Service. Additionally, section 451 of the HSA established the Bureau of Citizenship and Immigration Services, now, the U.S. Citizenship and Immigration Services (USCIS), and transferred to it from the Commissioner of the former Immigration and Naturalization Service all adjudications and benefit programs. *See* 6 U.S.C. 271. Under sections 1101 and 1102 of the HSA, the Department of Justice, Executive Office for Immigration Review

(EOIR)retained its functions relating to the immigration and naturalization of aliens. *See* 6 U.S.C. 521. On June 13, 2003 and November 4, 2005, DHS published two final rules in the **Federal Register** (68 FR 35273 and 70 FR 67087) to conform the text of title 8, Code of Federal Regulations

(CFR)parts 236, 239, 241, and 287 to the organizational structures established by the HSA and reorganization plans. Subsequently, the DHS organizational structure has evolved, and this rule revises various sections in these parts to reflect DHS's current structure. The organizational structure described in 8 CFR parts 238, 240, 241, and 287 predates the creation of DHS, and this rule updates various sections in these parts. In addition, DHS is making some technical corrections to update nomenclature and outdated references in the affected provisions. We summarize below the provisions in title 8 CFR that we are updating. A. Apprehension, Custody, and Detention Title 8, CFR part 236, subpart A (8 CFR part 236, subpart A) describes the procedures for apprehending, detaining, and removing aliens under the Immigration and Nationality Act. Specifically, 8 CFR 236.1 refers to lists of immigration officials in § 287.5(e)(2) and (e)(3) of the chapter who are authorized to issue a warrant of arrest or to serve a warrant of arrest and lists officials authorized to make custody decisions. B. Expedited Removal Proceedings Title 8, CFR part 238 (8 CFR part 238) describes the procedures for expedited removal of aggravated felons under the Immigration and Nationality Act. Specifically, 8 CFR 238.1 defines a “deciding Service officer” and “issuing Service officer”. It also refers to a list of immigration officials in § 239.1 of the chapter who are authorized to issue notices to appear and refers to a list of immigration officials in § 287.5(e)(2) of the chapter who are authorized to issue warrants of arrest. C. Notice To Appear Title 8, CFR part 239 (8 CFR part 239) describes the procedures for the initiation of removal proceedings under the Immigration and Nationality Act. Specifically, 8 CFR 239.1 provides that any immigration officer, or supervisor thereof, performing an inspection of an arriving alien at a port-of-entry may issue a notice to appear to such alien, and lists the additional officers who are authorized to issue notices to appear. D. Voluntary Departure—Authority of the Service Title 8, CFR part 240, subpart C (8 CFR part 240, subpart C) describes procedures and conditions regarding the granting of voluntary departures from the United States. Specifically, 8 CFR 240.25 lists the officers who are authorized to permit aliens to depart voluntarily. E. Warrant of Removal Title 8, CFR part 241, subpart A (8 CFR part 241, subpart A) describes immigration post-hearing detention and removal procedures. Specifically, 8 CFR 241.2 lists the immigration officials who are authorized to issue warrants of removal. F. Exercise of Power by Immigration Officers Title 8, CFR part 287 (8 CFR part 287) describes the powers and duties of field officers. Specifically, 8 CFR 287.5 addresses the power and duties of immigration officers, including the power to interrogate and administer oaths, patrol the border, arrest, conduct searches, execute and issue warrants, and carry firearms, and lists the officials who are authorized to perform these functions. Also, 8 CFR 287.8 describes the standards for enforcement activities conducted by immigration officers. G. Regulatory Amendment The lists of immigration officials in 8 CFR 236.1, 238.1, 239.1, 240.25, 241.2, 287.5, and 287.8 have not been updated to reflect the current organizational structure of DHS. As such, these regulations include position titles that no longer exist in the DHS organization and do not include position titles that were established after the creation of DHS. Therefore, it is necessary to amend these regulations to authorize the appropriate officials within DHS to perform the listed functions and to remove outdated references to former position titles. To accurately reflect the current DHS organizational structure, this final rule amends 8 CFR 236.1, 238.1, 239.1, 240.25, 241.2, 287.5, and 287.8 by removing the outdated list of personnel authorized to perform various immigration functions, such as issuing notices to appear, warrants of removal, and arrest warrants and by adding language that authorizes the appropriate DHS officials to perform these functions. DHS is also making several additional technical corrections to update outdated references in these sections. Specifically, DHS is updating 8 CFR 236.1 and 238.1 to replace several outdated references to sections in 8 CFR part 3 with sections in 8 CFR part 1003. As provided in 8 CFR 3.0, the regulations of the Executive Office for Immigration Review

(EOIR)relating to the adjudication of immigration matters before immigration judges and the Board of Immigration Appeals are now located in 8 CFR chapter V, part 1003, rather than in part 3. In a final rule published in the **Federal Register** on February 28, 2003 (68 FR 9824), the Department of Justice moved the provisions to reflect the division of authority between DHS and EOIR after the enactment of the HSA. DHS is also removing the obsolete references to the title “Commissioner” and “Assistant Secretary for ICE” and replacing them with the current title “Assistant Secretary/Director of ICE” in 8 CFR 236.1, 287.5, and 287.8. These changes will reflect the current DHS structure. II. Statutory and Regulatory Requirements A. Inapplicability of Public Notice and Delayed Effective Date Requirements Under the Administrative Procedure Act (5 U.S.C. 553(b)), rulemakings generally require prior notice and comment, subject to specified exceptions. As provided in 5 U.S.C. 553(b)(A) and (B), this procedure does not apply to rules of agency organization, procedure, practice; or when the agency for good cause finds that notice and comment are impracticable, unnecessary, or contrary to the public interest. This final rule amends the regulations to reflect the correct position titles for those officials who are authorized to issue notices to appear, warrants of removal, arrest warrants, and to perform various additional immigration functions and makes some technical corrections to update nomenclature and outdated references in the affected provisions. DHS finds that this is a rule of agency organization, procedure, or practice, which is not subject to notice and comment rulemaking. DHS also finds that good cause exists to issue the rule without prior notice and comment and that this procedure is not necessary because the rule has no substantive impact, is technical in nature, and it relates to management, organization, procedure, and practice. For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. B. The Regulatory Flexibility Act and Executive Orders 12866 and 13563 Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. This amendment does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866, as supplemented by Executive Order 13563. List of Subjects 8 CFR Parts 236, 239, and 241 Administrative practice and procedure, Aliens, Immigration. 8 CFR Parts 238 and 240 Administrative practice and procedure, Aliens. 8 CFR Part 287 Immigration, Law enforcement officers. Amendments to Regulations For the reasons set forth above, parts 236, 238, 239, 240, 241, and 287 of title 8 of the Code of Federal Regulations (8 CFR parts 236, 238, 239, 240, 241, and 287) are amended as set forth below. PART 236—APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS; REMOVAL OF ALIENS ORDERED REMOVED 1. The authority citation for part 236 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2. § 236.1 [Amended] 2. Amend § 236.1 as follows: a. In paragraph (c)(7), remove the word “Commissioner” and add in its place “Assistant Secretary/Director of ICE”; b. In paragraph (c)(10), remove the reference to “§ 3.19” and add in its place “§ 1003.19”; c. In paragraph (c)(11), remove the reference to “§ 3.19(h)” and add in its place “§ 1003.19(h)”; d. In paragraph (d)(1), remove the reference to “§ 3.19” and add in its place “§ 1003.19”; e. In paragraph (d)(3)(i), remove the reference to “§ 3.38” and add in its place “§ 1003.38”; f. In paragraph (d)(4), remove the reference to “§ 3.19(i)” and add in its place “§ 1003.19(i)”. g. In paragraph (f), remove the reference to “§ 3.19(g)” and add in its place “§ 1003.19(g)”. PART 238—EXPEDITED REMOVAL OF AGGRAVATED FELONS 3. The authority citation for part 238 continues to read as follows: Authority: 8 U.S.C. 1228; 8 CFR part 2. § 238.1 [Amended] 4. In § 238.1 amend paragraph (b)(1)(iii) by removing the reference to “§ 3.41” and adding in its place “§ 1003.41”. PART 239—GENERAL PROVISIONS 5. The authority citation for part 239 continues to read as follows: Authority: 8 U.S.C. 1103, 1221, 1229; Homeland Security Act of 2002, Public Law 107-296; 8 CFR part 2. 6. Amend § 239.1 by revising paragraphs (a)(1) through (a)(41) and adding paragraphs (a)(42) through (a)(46). The revisions and additions read as follows: § 239.1 Notice to appear.

(a)* * *

(1)District directors (except foreign);

(2)Deputy district directors (except foreign);

(3)Chief patrol agents;

(4)Deputy chief patrol agents;

(5)Division chiefs;

(6)Assistant chief patrol agents;

(7)Patrol agents in charge;

(8)Deputy patrol agents in charge;

(9)Border patrol watch commanders;

(10)Special operations supervisors;

(11)Supervisory border patrol agents;

(12)Directors of air operations;

(13)Directors of marine operations;

(14)Supervisory air and marine interdiction agents;

(15)Service center directors;

(16)Deputy service center directors;

(17)Assistant service center directors for examinations;

(18)Supervisory immigration services officers;

(19)Supervisory immigration officers;

(20)Supervisory asylum officers;

(21)Officers in charge (except foreign);

(22)Assistant officers in charge (except foreign);

(23)Special agents in charge;

(24)Deputy special agents in charge;

(25)Associate special agents in charge;

(26)Assistant special agents in charge;

(27)Resident agents in charge;

(28)Supervisory special agents;

(29)Directors of investigations;

(30)District directors for interior enforcement;

(31)Deputy or assistant district directors for interior enforcement;

(32)Director of enforcement and removal operations;

(33)Field office directors;

(34)Deputy field office directors;

(35)Supervisory deportation officers;

(36)Supervisory detention and deportation officers;

(37)Directors or officers in charge of detention facilities;

(38)Directors of field operations;

(39)Assistant directors of field operations;

(40)Port directors;

(41)Assistant port directors;

(42)Field operations watch commanders;

(43)Field operations chiefs;

(44)Unit Chief, Law Enforcement Support Center;

(45)Section Chief, Law Enforcement Support Center; or

(46)Other duly authorized officers or employees of the Department of Homeland Security or of the United States who are delegated the authority as provided by 8 CFR 2.1 to issue notices to appear, and who have successfully completed any required immigration law enforcement training. PART 240—GENERAL PROVISIONS 7. The authority citation for part 240 continues to read as follows: Authority: 8 U.S.C. 1103, 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 2681); 8 CFR part 2. § 240.25 [Amended] 8. Amend § 240.25 paragraph

(a)by removing the words “Deputy Executive Associate Commissioner for Detention and Removal” and adding in their place “Deputy Executive Associate Director for Enforcement and Removal Operations”. PART 241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED 9. The authority citation for part 241 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 1224, 1225, 1226, 1227, 1228, 1231, 1251, 1253, 1255, 1330, 1362; 18 U.S.C. 4002, 4013(c)(4); Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101, *et seq.* ); 8 CFR part 2. 10. Amend § 241.2: a. By revising paragraph (a)(1); and b. In paragraph (a)(2), by removing the reference to “(xxv)” and adding in its place “(xxxi)”. The revision reads as follows: § 241.2 Warrant of removal.

(a)*Issuance of a warrant of removal* —(1) *In general.* A Form I-205, Warrant of Removal, based on the final administrative removal order in the alien's case will be issued by any of the following immigration officials:

(i)Director, Enforcement and Removal Operations;

(ii)Deputy Assistant Director, Field Operations;

(iii)Field Office Directors;

(iv)Deputy Field Office Directors;

(v)Assistant Field Office Directors;

(vi)Officers in Charge;

(vii)Special Agents in Charge;

(viii)Deputy Special Agents in Charge;

(ix)Associate Special Agents in Charge;

(x)Assistant Special Agents in Charge;

(xi)Group Supervisors;

(xii)Resident Agents in Charge;

(xiii)District Field Officers;

(xiv)Chief Patrol Agents;

(xv)Deputy Chief Patrol Agents;

(xvi)Division Chiefs;

(xvii)Assistant Chief Patrol Agents; (xviii) Patrol Agents in Charge;

(xix)Deputy Patrol Agents in Charge;

(xx)Watch Commanders, Border Patrol;

(xxi)Director of Air Operations;

(xxii)Director of Marine Operations; (xxiii) Supervisory Air and Marine Interdiction Agents;

(xxiv)Unit Chief, Law Enforcement Support Center;

(xxv)Section Chief, Law Enforcement Support Center;

(xxvi)Port Directors; (xxvii) Assistant Port Directors; (xxviii) Directors, Field Operations;

(xxix)Assistant Directors, Field Operations;

(xxx)Watch Commanders, Field Operations;

(xxxi)Chiefs, Field Operations; and (xxxii) Other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority as provided in 8 CFR 2.1 to issue Warrants of Removal, and who have successfully completed any required immigration law enforcement training. PART 287—GENERAL PROVISIONS 11. The authority citation for part 287 continues to read as follows: Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357; Homeland Security Act of 2002, Pub. L. 107-296 (6 U.S.C. 1, *et seq.* ); 8 CFR part 2. 12. Amend § 287.5 by: a. Revising paragraphs (b)(1) through (6); b. Revising paragraphs (c)(1)(i) through (viii); c. Revising paragraphs (c)(2)(i) through (viii); d. Revising paragraphs (c)(3)(i) through (vii); e. Revising paragraphs (c)(4)(ii)(A) through (G); f. Revising paragraph (c)(4)(iii); g. Revising paragraphs (c)(5)(ii)(A) through (G); h. Revising paragraphs (d)(1) through (8); i. Revising paragraphs (e)(1)(i) through (vi); j. Adding paragraphs (e)(1)(vii) through (viii), k. Revising paragraphs (e)(2)(i) through (l); l. Adding paragraphs (e)(2)(li) through (liii); m. Revising paragraphs (e)(3)(i) through (viii); n. Revising paragraphs (e)(4)(i) through (vi); o. Adding paragraphs (e)(4)(vii) through (viii); and p. Revising paragraphs (f)(1) through (8). The revisions and additions read as follows: § 287.5 Exercise of power by immigration officers.

(b)* * *

(1)Border patrol agents;

(2)Air and marine agents;

(3)Special agents;

(4)CBP officers;

(5)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(6)Immigration officers who need the authority to patrol the border under section 287(a)(3) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, or the Assistant Secretary/Director of ICE.

(c)* * *

(1)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)Special agents;

(iv)Deportation officers;

(v)CBP officers;

(vi)Immigration enforcement agents;

(vii)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(viii)Immigration officers who need the authority to arrest aliens under section 287(a)(2) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of the USCIS.

(2)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)Special agents;

(iv)Deportation officers;

(v)CBP officers;

(vi)Immigration enforcement agents;

(vii)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(viii)Immigration officers who need the authority to arrest persons under section 287(a)(4) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of the USCIS.

(3)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)Special agents;

(iv)Deportation officers;

(v)CBP officers;

(vi)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(vii)Immigration officers who need the authority to arrest persons under section 287(a)(5)(A) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, or the Assistant Secretary/Director of ICE.

(4)* * *

(ii)* * *

(A)Border patrol agents;

(B)Air and marine agents;

(C)Special agents;

(D)Deportation officers;

(E)CBP officers;

(F)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(G)Immigration officers who need the authority to arrest persons under section 287(a)(5)(B) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(iii)Notwithstanding the authorization and designation set forth in paragraph (c)(4)(ii) of this section, no immigration officer is authorized to make an arrest for any felony under the authority of section 287(a)(5)(B) of the Act until such time as he or she has been certified as successfully completing a training course encompassing such arrests and the standards for enforcement activities are defined in 8 CFR 287.8. Such certification will be valid for the duration of the immigration officer's continuous employment, unless it is suspended or revoked by the Commissioner of CBP or the Assistant Secretary/Director of ICE, or their respective designees, for just cause.

(5)* * *

(ii)* * *

(A)Border patrol agents;

(B)Air and marine agents;

(C)Special agents;

(D)Deportation officers;

(E)CBP officers;

(F)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(G)Immigration officers who need the authority to arrest persons under section 274(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(d)* * *

(1)Border patrol agents;

(2)Air and marine agents;

(3)Special agents;

(4)Deportation officers;

(5)CBP officers;

(6)Immigration enforcement agents;

(7)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(8)Immigration officers who need the authority to conduct searches under section 287(c) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS.

(e)* * *

(1)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)CBP officers;

(iv)Special agents;

(v)Deportation officers;

(vi)Immigration enforcement agents;

(vii)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(viii)Immigration officers who need the authority to execute search warrants under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(2)* * *

(i)District directors (except foreign);

(ii)Deputy district directors (except foreign);

(iii)Assistant district directors for investigations;

(iv)Deputy assistant district directors for investigations;

(v)Assistant district directors for deportation;

(vi)Deputy assistant district directors for deportation;

(vii)Assistant district directors for examinations;

(viii)Deputy assistant district directors for examinations;

(ix)Officers in charge (except foreign);

(x)Assistant officers in charge (except foreign);

(xi)Chief patrol agents;

(xii)Deputy chief patrol agents;

(xiii)Division chiefs;

(xiv)Assistant chief patrol agents;

(xv)Patrol agents in charge;

(xvi)Deputy patrol agents in charge;

(xvii)Border Patrol watch commanders; (xviii) Special operations supervisors;

(xix)Supervisory border patrol agents;

(xx)Directors of air operations;

(xxi)Directors of marine operations;

(xxii)Supervisory air and marine interdiction agents; (xxiii) Executive Associate Director of Homeland Security Investigations;

(xxiv)Institutional Hearing Program directors;

(xxv)Director, Field Operations;

(xxvi)Assistant Director, Field Operations; (xxvii) Port directors; (xxviii) Assistant port directors;

(xxix)Field operations watch commanders;

(xxx)Field operations chiefs;

(xxxi)Supervisory deportation officers; (xxxii) Supervisory detention and deportation officers; (xxxiii) Group Supervisors; (xxxiv) Director, Office of Detention and Removal Operations;

(xxxv)Special Agents in Charge; (xxxvi) Deputy Special Agents in Charge; (xxxvii) Associate Special Agents in Charge; (xxxviii) Assistant Special Agents in Charge; (xxxix) Field Office Directors;

(xl)Deputy Field Office Directors;

(xli)District Field Officers;

(xlii)Supervisory immigration services officers; (xliii) Supervisory immigration officers;

(xliv)Supervisory asylum officers;

(xlv)Supervisory special agents;

(xlvi)Director of investigations; (xlvii) Directors or officers in charge of detention facilities; (xlviii) Directors of field operations;

(xlix)Deputy or assistant directors of field operations;

(l)Unit Chief, Law Enforcement Support Center;

(li)Section Chief, Law Enforcement Support Center;

(lii)Immigration Enforcement Agents; or

(liii)Other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority as provided in 8 CFR 2.1 to issue warrants of arrest, and who have successfully completed any required immigration law enforcement training.

(3)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)Special agents;

(iv)Deportation officers;

(v)Detention enforcement officers or immigration enforcement agents (warrants of arrest for administrative immigration violations only);

(vi)CBP officers;

(vii)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(viii)Immigration officers who need the authority to execute arrest warrants for immigration violations under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(4)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)CBP officers

(iv)Special agents;

(v)Deportation officers;

(vi)Immigration enforcement agents;

(vii)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(viii)Immigration officers who need the authority to execute warrants of arrest for non-immigration violations under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(f)* * *

(1)Border patrol agents;

(2)Air and marine agents;

(3)Special agents;

(4)Deportation officers;

(5)Detention enforcement officers or immigration enforcement agents;

(6)CBP officers;

(7)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(8)Immigration officers who need the authority to carry firearms under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE. 13. Amend § 287.8 by: a. Revising paragraphs (a)(1)(iv)(A) through (H); b. Revising paragraphs (a)(2)(iii)(A) through (H); c. Revising paragraph (c)(1); d. Revising paragraphs (e)(2)(i) through (iii); and e. Adding paragraphs (e)(2)(iv) through (v). The revisions and additions read as follows: § 287.8 Standards for enforcement activities.

(a)* * *

(1)* * *

(iv)* * *

(A)Border patrol agents;

(B)Air and marine agents;

(C)Special agents;

(D)Deportation officers;

(E)Detention enforcement officers or immigration enforcement agents;

(F)CBP officers;

(G)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(H)Immigration officers who need the authority to use non-deadly force under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(2)* * *

(iii)* * *

(A)Border patrol agents;

(B)Air and marine agents;

(C)Special agents

(D)Deportation officers;

(E)Detention enforcement officers or immigration enforcement agents;

(F)CBP officers;

(G)Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed above; and

(H)Immigration officers who need the authority to use deadly force under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE.

(c)*Conduct of arrests* —(1) *Authority.* Only designated immigration officers are authorized to make an arrest. The list of designated immigration officers may vary depending on the type of arrest as listed in § 287.5(c)(1) through (c)(5).

(e)* * *

(2)* * *

(i)Border patrol agents;

(ii)Air and marine agents;

(iii)CBP officers;

(iv)Supervisory personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(v)Immigration officers who need the authority to initiate a vehicular pursuit in order to effectively accomplish their individual mission and who are designated, individually or as a class, by the Commissioner of CBP or the Assistant Secretary/Director of ICE. Dated: August 30, 2016. Jeh Charles Johnson, Secretary. [FR Doc. 2016-21526 Filed 9-8-16; 8:45 am]

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U.S. Code