Unknown. Final rule

4,284 words·~19 min read·/register/2018/02/27/2018-03980

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-2018-02-27.xml --- 83 39 Tuesday, February 27, 2018 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8483 2018-03964 Meetings: National Advisory Council for Healthcare Research and Quality, 8482 2018-03926 Requests for Supplemental Evidence and Data Submissions: Home Mechanical Ventilators, 8481-8482 2018-03927 Agriculture Agriculture Department See Rural Housing Service Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

Medical CBRN Defense Consortium, 8506 2018-03978 ODVA, Inc., 8506 2018-03979 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8459-8460 2018-03903 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8483-8484 2018-03966 2018-03972 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8484-8485 2018-03976 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 8422 2018-03910 Coast Guard Coast Guard RULES Safety Zones: Wando Terminal Crane Movement, Charleston, SC, 8357-8359 2018-03915 NOTICES Meetings: National Maritime Security Advisory Committee, 8492-8493 2018-03912 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8456-8457 2018-03950 Consumer Product Consumer Product Safety Commission RULES All-Terrain Vehicles, 8336-8340 2018-03904 Hazardous Substances and Articles: Animal Testing Regulations; Corrections, 8340-8342 2018-03916 NOTICES Complaints: Britax Child Safety, Inc., 8457-8459 2018-03934 Defense Department Defense Department See Army Department See Navy Department NOTICES Charter Renewals: Federal Advisory Committees, 8460-8461 2018-03905 Meetings:

Board of Actuaries, 8460 2018-03975 Medicare-Eligible Retiree Health Care Board of Actuaries, 8461 2018-03977 Education Department Education Department PROPOSED RULES Assistance to States for the Education of Children with Disabilities; Preschool Grants for Children with Disabilities, 8396-8399 2018-04102 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Blue Ribbon Schools Program, 8462-8463 2018-03914 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8506-8507 2018-03165 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Exclusive Licenses; Approvals: PQ Corp., 8465 2018-03936 Orders: Final Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2016: Energy Standard for Buildings, Except Low-Rise Residential Buildings, 8463-8465 2018-03931 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Requests for Information:

Expanding Hydropower and Pumped Storage's Contribution to Grid Resiliency and Reliability, 8465-8466 2018-03938 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Approval of Texas Motor Vehicle Rule Revisions, 8359-8362 2018-03974 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; California Mobile Source Regulations, 8403-8408 2018-03992 Texas;

Approval of Texas Motor Vehicle Rule Revisions, 8408 2018-03973 Receipts: Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 8408-8410 2018-03989 NOTICES Access to Confidential Business Information: Science Applications International Corp., 8479-8480 2018-03988 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification and Compliance Requirements for Medium- and Heavy-Duty Engines and Vehicles (Greenhouse Gases and Fuel Economy), 8478-8479 2018-03984 Inquiry to Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export, 8473-8476 2018-03985 Interim Registration Review Decisions and Case Closures for Several Pesticides, 8472-8473 2018-03982 Pesticide Product Registrations:

New Active Ingredients, 8470 2018-03981 Registration Review: Draft Human Health and/or Ecological Risk Assessments for Several Pesticides, 8476-8478 2018-03986 Proposed Interim Decisions for Several Pesticides, 8471-8472 2018-03983 Executive Office Executive Office for Immigration Review RULES Expanding the Size of the Board of Immigration Appeals, 8321-8323 2018-03980 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 8323-8325 2018-03495 Fokker Services B.V.

Airplanes, 8328-8331 2018-03430 The Boeing Company Airplanes, 8325-8328 2018-03600 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 8331-8336 2018-03527 2018-03528 NOTICES Airport Property Releases: Leesburg International Airport, Leesburg, FL, 8564 2018-03953 Intent of Waiver with Respect to Land: Indianapolis International Airport, Indianapolis, IN, 8564-8565 2018-03957 Noise Exposure Maps: Fresno Yosemite International Airport, Fresno, CA, 8565-8566 2018-03955 Requests for Release of Airport Property:

Northeast Philadelphia Airport, Philadelphia, PA, 8566 2018-03954 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Property Acquisition and Relocation for Open Space, 8493-8495 2018-03949 Meetings: Board of Visitors for the National Fire Academy, 8495-8496 2018-03956 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 8466-8468 2018-03968 2018-03971 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Power 52 Inc., 8469 2018-03969 Records Governing Off-the-Record Communications, 8469-8470 2018-03970 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: G4S Secure Solutions (USA), Inc. (G4S), 8571-8572 2018-03944 Parts and Accessories Necessary for Safe Operation; Exemption Applications: Automobile Carriers Conference of the American Trucking Associations, 8569-8571 2018-03943 Qualification of Drivers; Exemption Applications:

Epilepsy and Seizure Disorders, 8568-8569 2018-03940 Hearing, 8567-8568 2018-03942 Federal Reserve Federal Reserve System PROPOSED RULES Internal Appeals Process: Material Supervisory Determinations and Policy Statement Regarding the Ombudsman for the Federal Reserve System, 8391-8396 2018-03907 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 8480 2018-03960 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Removing Oenothera avita ssp. eurekensis from the Federal List of Endangered and Threatened Plants, and Reclassification of Swallenia alexandrae from Endangered to Threatened, 8576-8603 2018-03769 Food and Drug Food and Drug Administration RULES Medical Devices:

Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems, 8355-8357 2018-03924 NOTICES Meetings: Tissue Agnostic Therapies in Oncology: Regulatory Considerations for Orphan Drug Designation; Public Workshop, 8485-8487 2018-03961 Withdrawal of Approval: Wyeth Pharmaceuticals Inc. et al.; 121 New Drug Applications and 161 Abbreviated New Drug Applications; Correction, 8485 2018-03925 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Women's Preventive Services Guidelines, 8487-8488 2018-03840 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Initiative for Cybersecurity Careers and Studies Cybersecurity Training and Education Catalog Collection, 8496-8497 2018-03948 Housing Housing and Urban Development Department NOTICES Environmental Impact Statements; Availability, etc.: Resilient Bridgeport: National Disaster Resilience and Rebuild by Design Projects in the City of Bridgeport, CT, 8501-8504 2018-04042 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2019-2021 IMLS Peer Reviewer Nomination Forms, 8507-8508 2018-03994 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Rubber Bands from Thailand, the People's Republic of China, and Sri Lanka, 8429-8433 2018-03922 Stainless Steel Bar from Brazil; and Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil;

Correction, 8423 2018-03920 Determinations in Less-Than-Fair-Value Investigations: Polytetrafluoroethylene Resin from India and the People's Republic of China, 8423-8424 2018-03921 Initiation of Less-Than-Fair-Value Investigations: Rubber Bands from the People's Republic of China, Sri Lanka, and Thailand, 8424-8429 2018-03923 Requests for Applications: Appointment to the United States-Mexico Energy Business Council, 8433-8434 2018-03937 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Foundry Coke from China, 8505-8506 2018-03860 Tapered Roller Bearings from Korea, 8504-8505 2018-03902 Justice Department Justice Department See Antitrust Division See Executive Office for Immigration Review Labor Department Labor Department See Employee Benefits Security Administration NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Science Committee, 8507 2018-03951 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

Federal Advisory Committee on International Exhibitions, 8508-8509 2018-03913 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 8488-8492 2018-03869 2018-03870 National Cancer Institute, 8489-8490 2018-03871 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 8490 2018-03872 National Institute of Neurological Disorders and Stroke, 8490 2018-03873 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Bering Sea and Aleutian Islands; 2018 and 2019 Harvest Specifications for Groundfish, 8365-8390 2018-03918 Magnuson-Stevens Fishery Conservation and Management Act Provisions: Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal of Southern Windowpane Accountability Measures, 8362-8365 2018-03899 PROPOSED RULES Endangered and Threatened Species: 90-day Finding on a Petition to List Chinook Salmon in the Upper Klamath-Trinity Rivers Basin, 8410-8414 2018-03906 Fisheries Off West Coast States:

Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Revisions to the Biennial Management Cycle, 8414-8416 2018-03963 Requirements of the Vessel Monitoring System Type-Approval, 8416-8417 2018-03945 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8434-8436 2018-03876 2018-03878 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Permits for Incidental Taking of Endangered or Threatened Species, 8436-8437 2018-03881 Permit Applications:

Marine Mammals; File No. 21238, 8435 2018-03874 Marine Mammals; File No. 21966, 8437 2018-03875 Takes of Marine Mammals Incidental to Specified Activities: Cook Inlet Pipeline Cross Inlet Extension Project, 8437-8456 2018-03885 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8462 2018-03965 Exclusive Patent Licenses; Approvals: Integrated Composite Construction Systems, LLC., 8462 2018-03932 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses:

Applications and Amendments Involving No Significant Hazards Considerations; Biweekly Notice, 8509-8523 2018-03727 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 8523-8524 2018-04037 2018-04038 Postal Service Postal Service PROPOSED RULES Changes to Validations for Intelligent Mail Package Barcode, 8399-8403 2018-03947 Rural Housing Service Rural Housing Service NOTICES Grant Proposals: Multi-family Housing Transfer and Prepayment Technical Assistance, 8418-8422 2018-03900 Securities Securities and Exchange Commission RULES Investment Company Liquidity Risk Management Programs:

Commission Guidance for In-Kind ETFs, 8342-8354 2018-03917 NOTICES Meetings; Sunshine Act, 8561-8562 2018-04032 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 8524-8538, 8559-8561 2018-03886 2018-03887 2018-03889 2018-03890 2018-03891 2018-03893 MIAX PEARL, LLC, 8538-8554 2018-03894 Nasdaq ISE, LLC, 8554-8556 2018-03888 Nasdaq PHLX LLC, 8557-8558 2018-03892 The Nasdaq Stock Market LLC, 8532 2018-03895 Small Business Small Business Administration NOTICES Meetings:

Advisory Committee on Veterans Business Affairs, 8562 2018-03933 Interagency Task Force on Veterans Small Business Development, 8562 2018-03935 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maintenance of Records by Registrants, 8563-8564 2018-03919 Request for Approval of Manufacturing License Agreements, Technical Assistance Agreements, and Other Agreements, 8563 2018-03911 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Center for Substance Abuse Prevention, 8492 2018-03897 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See United States Mint RULES Import Restrictions Imposed on Certain Archaeological Material from Belize; Extensions, 8354-8355 2018-03946 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Advance Permission to Enter as Nonimmigrant, 8498-8499 2018-03880 Immigrant Petition for Alien Workers, 8500-8501 2018-03879 Petition for Amerasian, Widow(er), or Special Immigrant, 8499-8500 2018-03882 Verification Request and Supplement, 8497-8498 2018-03883 Customs U.S. Customs and Border Protection RULES Import Restrictions Imposed on Certain Archaeological Material from Belize; Extensions, 8354-8355 2018-03946 U.S. Mint United States Mint NOTICES Pricing: 2018 San Francisco Mint Silver Reverse Proof Set, 8572 2018-03901 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Dependents' Application for VA Education Benefits, 8572-8573 2018-03908 Suspension of Monthly Check, 8573 2018-03909 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 8576-8603 2018-03769 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. 83 39 Tuesday, February 27, 2018 Rules and Regulations DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Part 1003 [Docket No.

EOIR 183; A.G. Order No. 4119-2018] RIN 1125-AA79 Expanding the Size of the Board of Immigration Appeals AGENCY: Executive Office for Immigration Review, Department of Justice. ACTION: Final rule. SUMMARY: This final rule amends the Executive Office for Immigration Review

(EOIR)regulations relating to the organization of the Board of Immigration Appeals (Board) by adding four additional Board member positions, thereby expanding the Board to 21 members. DATES: This rule is effective February 27, 2018. FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Acting Chief of the Immigration Law Division, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1902, Falls Church, VA 20530, telephone

(703)305-0289 (not a toll-free call). SUPPLEMENTARY INFORMATION: I. Current Interim Rule On June 3, 2015, the Department of Justice (Department) published an interim rule amending 8 CFR 1003.1 to increase the Board of Immigration Appeals (Board) from 15 to 17 members, with a request for comments. 80 FR 31461 (June 3, 2015). As explained in the interim rule, expanding the number of Board members is necessary to accomplish EOIR's commitment to promptly provide Board appellate review of timely filed immigration case appeals. The interim rule provided two primary reasons for increasing the number of Board members from 15 to 17. First, EOIR was managing the largest caseload the immigration court system had ever seen. Second, the Department was in the process of hiring a substantial number of additional immigration judges, which the Department expected would increase the number of appeals filed with the Board. The Department provided an opportunity for post-promulgation comment even though this was a rule of internal agency organization and therefore notice-and-comment rulemaking was not required. The Department received two comments by the deadline of August 3, 2015. For the reasons set forth below, the Department is finalizing the interim rule amending 8 CFR part 1003, and adding four additional Board members for a total of 21 Board members. II. Background EOIR administers the Nation's immigration court system. Generally, cases commence before an immigration judge when the Department of Homeland Security

(DHS)files with the immigration court a charging document against an alien. *See* 8 CFR 1003.14(a). EOIR primarily decides whether foreign nationals whom DHS charges with violating immigration law pursuant to the Immigration and Nationality Act are removable as charged and, if so, whether they should be ordered removed from the United States, or should be granted protection or relief from removal and be permitted to remain in the United States. EOIR's Office of the Chief Immigration Judge administers the adjudications of the immigration judges nationwide. Decisions of the immigration judges are subject to review by EOIR's appellate body, the Board, which is currently composed of 17 Board members. The Board is the highest administrative tribunal for interpreting and applying U.S. immigration law. The Board's decisions can be reviewed by the Attorney General, as provided in 8 CFR 1003.1(g) and (h). Decisions of the Board and the Attorney General are subject to judicial review in the United States Courts of Appeals. III. Expansion of Number of Board Members EOIR's mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. This task includes the initial adjudication of aliens' cases in immigration courts nationwide, as well as appellate review by the Board when appeals are timely filed. In order to more efficiently accomplish the agency's commitment to promptly decide an increasing volume of cases, as well as to review appeals in those cases, this rule serves to finalize the interim rule, with the addition of four additional Board members. 1 This rule adopts a revision to the third sentence of 8 CFR 1003.1(a)(1). The remainder of paragraph (a)(1) is unchanged. 1 The Department previously expanded the number of Board members—from 11 to 15 members—on December 7, 2006, when it published in the **Federal Register** an interim rule amending 8 CFR 1003.1. 71 FR 70855 (Dec. 7, 2006). On June 16, 2008, the Department published a final rule adopting, without change, that interim rule. 73 FR 33875 (June 16, 2008). Expanding the number of Board members was necessary when the interim rule was published in 2015 because EOIR was experiencing an increased caseload. Since the interim rule's publication, EOIR's caseload has continued to grow; EOIR is currently managing the largest caseload the immigration court system has ever seen. At the end of FY 2016, there were 518,545 total cases pending before the immigration courts, marking an increase of 58,988 cases pending above those at the end of FY 2015. *See* 2016 EOIR Statistics Yearbook W1. 2 As of January 1, 2018, there were 667,292 total cases pending before the immigration courts. This total increase included an increase in the number of pending cases of detained aliens. EOIR's highest priority is the efficient and timely adjudication of detained alien cases, and EOIR requires additional resources to handle the increased caseload. 2 EOIR's FY 2016 Statistics Yearbook, prepared by EOIR's Office of Planning, Analysis, and Statistics, is available at *https://www.justice.gov/eoir/page/file/fysb16/download.* The Department is taking steps to address the unprecedented pending caseload. The Department hired 64 additional immigration judges in FY 2017 and continues to hire new immigration judges. The Department expects that, as these additional immigration judges enter on duty, the number of decisions rendered by the immigration judges nationwide will increase, and the number of appeals filed with the Board will increase as a result. The Department is also taking a number of management steps to more efficiently address the pending caseload, which EOIR expects will result in an increase in immigration judge decisions and, in turn, an increase in the flow of appeals to the Board. 3 3 Statement of James McHenry, Acting Director, Executive Office for Immigration Review, United States Department of Justice, Before the Subcommittee on Immigration and Border Security, Committee on the Judiciary, United States House of Representatives, November 1, 2017. Since January 2017, the Board has experienced a steady increase in appeals. For example, the number of appeals increased throughout FY 2017, from 2,618 in October 2016 to 3,035 in September 2017. This caseload is burdensome and, given current trends, may become overwhelming were the Board to maintain 17 members. The interim rule modified the number of Board members to 17, and requested post-promulgation comment on the proposal to increase the number of Board members in light of the increased caseload. Keeping in mind the goal of maintaining cohesion and the ability to reach consensus, but recognizing the challenges the Board faces in light of its current and anticipated increased caseload, the Department has determined that four additional members should be added to the Board. The Department acknowledges the potential impact of the expansion to 21 members upon the Board's ability to provide coherent direction and to issue precedential decisions, which require approval of a majority of the Board, and will continue to consider means to improve the Board's operations over time. But the interim rule's logic—balancing efficiency with administrability—supports increasing the size of the Board in the final rule to 21. These changes will help support an efficient system of appellate adjudication in light of the increasing caseload. IV. Public Comments The interim rule was exempt from the usual requirements of prior notice and comment and a 30-day delay in effective date because, as an internal delegation of authority, it is a rule of management or personnel and relates to a matter of agency organization, procedure, or practice. *See* 5 U.S.C. 553(a), (b), (d). Nonetheless, when promulgating the interim rule, the Department provided an opportunity for post-promulgation comment. The Department received two comments by the deadline, only one of which was responsive to the rule. The commenter stated that “[e]xpanding the Board of Immigration Appeals

(BIA)to 17 members from 15 members is . . . a necessary action as the pending times for appeals has substantially increased as the docket of EOIR has expanded.” In response, the Department appreciates this expression of support. EOIR has steadily hired new immigration judges, and continues to hire new immigration judges, to adjudicate EOIR's historically large caseload. As the number of immigration judges increases, so does the number of decisions rendered by immigration judges. In turn, the number of appeals filed with the Board also increases. Increasing the number of Board members will assist EOIR in accomplishing its mission of adjudicating appeals in a timely manner. V. Regulatory Requirements A. Administrative Procedure Act As this rule is the finalization of an interim final rule, further request for comment is not required. Alternately, comment is unnecessary because this final rule is a rule of management or personnel as well as a rule of agency organization, procedure, or practice. *See* 5 U.S.C. 553(a)(2), (b)(A). For the same reasons, this rule is not subject to a 30-day delay in effective date. *See* 5 U.S.C. 553(a)(2), (d). B. Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA), “[w]henever an agency is required by section 553 of [the Administrative Procedure Act], or any other law, to publish general notice of proposed rulemaking for any proposed rule . . . the agency shall prepare and make available for public comment an initial regulatory flexibility analysis.” 5 U.S.C. 603(a); *see* 5 U.S.C. 604(a). Such analysis is not required when a rule is exempt from notice-and-comment rulemaking under 5 U.S.C. 553(b). Because this is a rule of internal agency organization and therefore is exempt from notice-and-comment rulemaking, no RFA analysis under 5 U.S.C. 603 or 604 is required for this rule. C. 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. D. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 13771 (Reducing Regulation and Controlling Regulatory Costs) This rule is limited to agency organization, management, or personnel matters and is therefore not subject to review by the Office of Management and Budget pursuant to section 3(d)(3) of Executive Order 12866, Regulatory Planning and 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. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits, including consideration of potential economic, environmental, public health, and safety effects; distributive impacts; and equity. The benefits of this rule include providing the Department with an appropriate means of responding to the increased number of appeals to the Board. The public will benefit from the expansion of the number of Board members because such expansion will help EOIR better accomplish its mission of adjudicating cases in an efficient and timely manner. Overall, the benefits provided by the Board's expansion outweigh the costs of employing additional federal employees. Finally, because this rule is one of internal organization, management, or personnel, it is not subject to the requirements of Executive Order 13771. 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, 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, do not apply to this final rule because there are no new or revised recordkeeping or reporting requirements. H. Congressional Review Act This is not a major rule as defined by 5 U.S.C. 804(2). This action pertains to agency organization, management, and personnel and, accordingly, is not a “rule” as that term is used in 5 U.S.C. 804(3). Therefore, the reports to Congress and the Government Accountability Office specified by 5 U.S.C. 801 are not required. List of Subjects in 8 CFR Part 1003 Administrative practice and procedure, Aliens, Immigration, Legal services, Organization and functions (Government agencies). Accordingly, for the reasons stated in the preamble, the interim rule amending 8 CFR part 1003, which was published at 80 FR 31461 on June 3, 2015, is adopted as a final rule, with the following change: PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 1. The authority citation for part 1003 continues to read as follows: Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. 2 of 1950; 3 CFR, 1949-1953 Comp., p. 1002; section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L. 106-386, 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328. 2. Amend § 1003.1 by revising the third sentence of paragraph (a)(1) to read as follows: § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals. (a)(1) * * * The Board shall consist of 21 members. * * * Dated: February 20, 2018. Jefferson B. Sessions III, Attorney General. [FR Doc. 2018-03980 Filed 2-26-18; 8:45 am]

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