Unknown. Final rule

3,986 words·~18 min read·/register/2018/08/31/2018-19108

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-2018-08-31.xml --- 83 170 Friday, August 31, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See National Agricultural Statistics Service See Rural Housing Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Concurrence with OIE Risk Designations for Bovine Spongiform Encephalopathy, 44562 2018-18962 Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 44564-44565 2018-19085 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44607-44608 2018-19063 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44628-44632 2018-19012 2018-19013 2018-19014 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings:

Medicare and Medicaid Programs, and Other Program Initiatives, and Priorities; Advisory Panel on Outreach and Education, 44632-44634 2018-18961 Coast Guard Coast Guard RULES Drawbridge Operations: Charenton Canal, Baldwin, LA, 44479 2018-18872 New Jersey Intracoastal Waterway, Atlantic City, NJ, 44479 2018-18930 Trent River, New Bern, NC, 44478 2018-18929 Safety Zones: Annual Swim for Alligator Reef Lighthouse, Islamorada, FL, 44482 2018-18931 Fireworks Display, Indian River Bay, Long Neck, DE, 44480-44482 2018-18936 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Membership of the Departmental Performance Review Board, 44565 2018-18969 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 44604-44607 2018-19005 2018-19006 2018-19007 Comptroller Comptroller of the Currency RULES Liquidity Coverage Ratio: Treatment of Certain Municipal Obligations as High-Quality Liquid Assets, 44451-44455 2018-18610 Defense Department Defense Department See Engineers Corps NOTICES Meetings: Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in Armed Forces, 44608-44609 2018-18888 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances:

Temporary Placement of N-Ethylpentylone in Schedule I, 44474-44478 2018-18988 NOTICES Bulk Manufacturer of Controlled Substances Applications: National Center for Natural Products Research NIDA MPROJECT, 44672-44673 2018-18983 Education Department Education Department RULES Outdated or Superseded Regulations: Title I, Parts A through C; Christa McAuliffe Fellowship Program; and Empowerment Zone or Enterprise Community—Priority; Correction, 44482 2018-18960 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for the Educational Flexibility Program, 44610-44611 2018-18992 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 44611 2018-18935 Methane Hydrate Advisory Committee, 44611-44612 2018-18955 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Final Missouri River Recovery Management Plan, 44609-44610 2018-18982 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: District of Columbia; State Implementation Plan for the Interstate Transport Requirements for the 2008 Ozone Standard, 44498-44500 2018-18855 Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide (SO <sup>2</sup> ) Standard for Colorado, Montana, North Dakota, South Dakota and Wyoming, 44500-44503 2018-18892 Maryland; Infrastructure Requirements for 2012 Fine Particulate Matter National Ambient Air Quality Standard, 44482-44485 2018-18854 Michigan;

Minor New Source Review, 44485-44498 2018-18853 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; 2008 8-Hour Ozone Nonattainment Area Requirements; San Joaquin Valley, 44528-44548 2018-19017 Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units: Emission Guideline Implementing Regulations; New Source Review Program, 44746-44813 2018-18755 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Aircraft Engines—Supplemental Information Related to Exhaust Emissions, 44621-44622 2018-18953 Cross-State Air Pollution Rule and Texas SO <sup>2</sup> Trading Programs, 44627 2018-18952 NSPS for Sulfuric Acid Plants, 44622 2018-18951 Producers, Registrants and Applicants of Pesticides and Pesticide Devices under Section 8 of Federal Insecticide, Fungicide, and Rodenticide Act, 44622-44623 2018-18954 Environmental Impact Statements; Availability, etc.:

Weekly Receipts, 44625-44626 2018-18932 Meetings: Public Listening Session; Stakeholder Input on Peak Flows Management, 44623-44625 2018-19016 Pesticide Product Registrations: Applications for New Active Ingredients, 44626 2018-19015 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 44457-44463 2018-18736 2018-18738 ATR—GIE Avions de Transport Regional Airplanes, 44463-44465 2018-18737 Special Conditions: Ultramagic S.A., Model M-56, M-56C, M-65, M-65C, M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-180, T-210, V-56, V-65, V-77, V-90, and V-105 Balloons;

Balloon Passenger Basket, Model CV-08, Seat Installation, 44455-44457 2018-18885 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 44510-44521 2018-18811 2018-18813 2018-18814 The Boeing Company Airplanes, 44508-44510 2018-18812 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification: Pilots and Flight Instructors, 44690-44691 2018-18882 Operating Requirements: Commuter and On-Demand Operation, 44689-44690 2018-18883 Federal Deposit Federal Deposit Insurance Corporation RULES Liquidity Coverage Ratio:

Treatment of Certain Municipal Obligations as High-Quality Liquid Assets, 44451-44455 2018-18610 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Standards for Business Practices of Interstate Natural Gas Pipelines, 44521-44528 2018-18473 NOTICES Combined Filings, 44612-44613, 44616-44617 2018-18940 2018-18941 2018-18956 Environmental Assessments; Availability, etc.: D'Lo Gas Storage, LLC; D'Lo Natural Gas Storage Project Amendment, 44618-44620 2018-18914 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Adams Wind Farm, LLC, 44617 2018-18942 Bobilli BSS, LLC, 44615 2018-18943 Enel Green Power Diamond Vista Wind Project, LLC, 44615-44616 2018-18949 Garwind, LLC, 44614 2018-18944 K and K Wind Enterprises, LLC, 44615 2018-18945 Rose Creek Wind, LLC, 44621 2018-18946 Rose Wind Holdings, LLC, 44612 2018-18947 SF Wind Enterprises, LLC, 44618 2018-18948 Requests under Blanket Authorizations: Panhandle Eastern Pipe Line Co., LP, 44613-44614 2018-18957 Texas Eastern Transmission, LP, 44617-44618 2018-18915 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions:

Wainiha Bridges Along State Route 560 in State of Hawaii, 44691-44692 2018-18919 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44692-44693 2018-17284 Federal Reserve Federal Reserve System RULES Liquidity Coverage Ratio: Treatment of Certain Municipal Obligations as High-Quality Liquid Assets, 44451-44455 2018-18610 NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 44628 2018-18996 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 44627-44628 2018-18997 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Draft Habitat Conservation Plan; Application for an Incidental Take Permit for Midwestern Bat and Bird Species; MidAmerican Energy Company, Iowa, 44652-44654 2018-18989 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Applications: Digi-Key Corp.; Foreign-Trade Zone 259; Koochiching County, MN, 44565-44566 2018-18967 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44634-44638 2018-18963 2018-18964 2018-18965 2018-18970 2018-18971 2018-18972 2018-18973 Findings of Research Misconduct, 44637-44638 2018-19019 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement RULES Adjustment to Premium Processing Fee, 44449-44450 2018-19108 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Local Appeals to Single-Family Mortgage Limits, 44651 2018-19002 Survey to Assess Operational and Capacity Status of Housing Counseling Agencies after a Disaster, 44651-44652 2018-19001 Fair Market Rents: Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy Program, and Other Programs Fiscal Year 2019, 44644-44651 2018-19090 Industry Industry and Security Bureau NOTICES Meetings: Transportation and Related Equipment Technical Advisory Committee, 44566 2018-18939 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Ocean Energy Management Bureau See Office of Natural Resources Revenue See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Cast Iron Soil Pipe Fittings from the People's Republic of China, 44566-44567, 44570-44573 2018-19094 2018-19095 Certain Steel Wheels from the People's Republic of China, 44573-44575 2018-18974 Determinations of Sales at Less than Fair Value: Cast Iron Soil Pipe from the People's Republic of China, 44567-44570 2018-18968 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Dental Ceramics, Products Thereof, and Methods of Making Same, 44671-44672 2018-18886 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decrees:

Clean Water Act; Correction, 44673 2018-18871 Labor Department Labor Department See Wage and Hour Division Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Grand Staircase-Escalante National Monument-Grand Staircase, Kaiparowits, and Escalante Canyon Units and Federal Lands Previously Included in the Monument that are Excluded from the Boundaries; Extension of Public Comment Period, Utah, 44659-44660 2018-19000 Proposed Ten West Link 500-Kilovolt Transmission Line Project and Draft Amendments to Yuma Field Office Resource Management Plan and California Desert Conservation Area Plan;

Maricopa and La Paz Counties, AZ, and Riverside County, CA, 44660-44661 2018-18721 Plats of Survey: Colorado, 44654 2018-18991 Public Land Orders: Withdrawal of Public Land for Land Management Evaluation Purposes; Nevada, 44654-44659 2018-18998 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44562-44564 2018-18958 2018-18959 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 44639-44641 2018-18899 2018-18900 2018-18901 National Institute of General Medical Sciences, 44638-44640 2018-18904 2018-18906 National Institute on Aging, 44640-44641 2018-18902 2018-18903 National Institute on Alcohol Abuse and Alcoholism, 44639 2018-18905 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish; Amendment 20, 44548-44561 2018-18934 NOTICES Meetings:

New England Fishery Management Council, 44575, 44603-44604 2018-18975 2018-18976 North Pacific Fishery Management Council, 44576, 44604 2018-18977 2018-18980 South Atlantic Fishery Management Council, 44575-44578 2018-18978 2018-18979 Takes of Marine Mammals: Incidental to a Marine Geophysical Survey in the North Pacific Ocean, 44578-44603 2018-19008 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 44661-44662 2018-18938 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44674-44675 2018-18981 Meetings; Sunshine Act, 44675 2018-19123 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment; Applications: Exelon Generation Co., LLC Byron Station, Unit Nos. 1 and 2, 44677-44680 2018-18922 License Applications: Integrated Storage Partner's Waste Control Specialists Consolidated Interim Storage Facility, 44680 C1--2018--18758 Meetings: Advisory Committee on Reactor Safeguards, 44675-44676 2018-18933 Petitions:

First Energy Corp.; First Energy Solutions; FirstEnergy Nuclear Generation; FirstEnergy Nuclear Operating Co., 44676-44677 2018-18923 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Liberty Development and Production Plan in the Beaufort Sea Planning Area, 44670-44671 2018-19107 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Royalty and Production Reporting, 44662-44669 2018-18927 Market Centers for Use in Applying Royalty Valuation Regulations for Federal Oil, 44669-44670 2018-19011 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 44681 2018-19129 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Qualified Domestic Relations Orders, 44681 2018-19004 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Lower Colorado River Well Inventory, 44671 2018-18910 Rural Housing Service Rural Housing Service PROPOSED RULES Single Family Housing Direct and Guaranteed Loan Programs, 44504-44508 2018-18683 Rural Utilities Rural Utilities Service NOTICES Publication of Depreciation Rates, 44564 2018-18921 Securities Securities and Exchange Commission RULES Amendments to Municipal Securities Disclosure, 44700-44743 2018-18279 Delegation of Authority to General Counsel of the Commission, 44465-44467 2018-18585 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: BOX Exchange, LLC, 44682-44684 2018-18894 Cboe BZX Exchange, Inc., 44686-44687 2018-18896 Cboe EDGX Exchange, Inc., 44684-44685 2018-18895 Social Social Security Administration NOTICES Privacy Act; Systems of Records, 44687-44688 2018-18986 State Department State Department NOTICES United States Passports Invalid for Travel to, in, or through Democratic People's Republic of Korea, 44688 2018-18858 Surface Transportation Surface Transportation Board NOTICES Continuances in Control Exemptions:

Progressive Rail Inc.; Clackamas Valley Railway, LLC, 44689 2018-19020 Lease and Operation Exemptions with Interchange Commitments: Clackamas Valley Railway, LLC; Union Pacific Railroad Co., 44688-44689 2018-19080 Tennessee Tennessee Valley Authority RULES Floating Cabin Regulation, 44467-44474 2018-18887 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Advisory Committee Candidate Biographical Information Request Form, 44693-44694 2018-18950 Treasury Treasury Department See Comptroller of the Currency U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Relief under Former Section 212(c) of Immigration and Nationality Act, 44643-44644 2018-18876 Refugee/Asylee Relative Petition, 44643 2018-18875 Customs U.S.

Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Inspectorate America Corporation, Pasadena, TX, 44641-44642 2018-18920 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Attorney in Fact, 44642 2018-18877 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Advertising, Sales, and Enrollment Materials, and Candidate Handbook, 44694 2018-18913 Application for Reimbursement of Licensing or Certification Test Fees, 44696 2018-18918 Appointment of Veterans Service Organization as Claimant's Representative and Appointment of Individual as Claimant's Representative, 44694-44695 2018-18912 Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-Department Facilities, 44696-44697 2018-18916 Veterans' Outcome Assessment, 44695 2018-18911 Wage Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Work Study Program of the Child Labor Regulations, 44673-44674 2018-19022 Separate Parts In This Issue Part II Securities and Exchange Commission, 44700-44743 2018-18279 Part III Environmental Protection Agency, 44746-44813 2018-18755 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. 83 170 Friday, August 31, 2018 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 103 [CIS No. 2620-18;

DHS Docket No. USCIS-2018-0003] RIN 1615-ZB73 Adjustment to Premium Processing Fee AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security

(DHS)is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI-U). The adjustment increases the fee from $1,225 to $1,410. DATES: This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. FOR FURTHER INFORMATION CONTACT: Joseph D. Moore, Chief Financial Officer, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2130; or by phone at

(202)272-1969 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR—Code of Federal Regulations CPI—Consumer Price Index CPI-U—Consumer Price Index for All Urban Customers DHS—Department of Homeland Security Form I-129—Form I-129, Petition for a Nonimmigrant Worker Form I-140—Form I-140, Immigrant Petition for Alien Worker INA—Immigration and Nationality Act USCIS—U.S. Citizenship and Immigration Services I. Background and Authority The Immigration and Nationality Act

(INA)permits certain employment-based immigration benefit applicants and petitioners to request, for a fee, premium processing. The applicable statute authorizes the Secretary of Homeland Security (Secretary) to charge and collect a premium processing fee for employment-based petitions and applications. The fee must be used to provide certain premium-processing services to business customers, and to make infrastructure improvements in the adjudications and customer service processes. By statute, the fee, initially set at $1,000, must be paid in addition to any normal petition/application fee that may be applicable. The statute provides that the Secretary may adjust this fee according to the Consumer Price Index. INA section 286(u), 8 U.S.C. 1356(u); Public Law 106-553, App. B, tit. I, sec. 112, 114 Stat. 2762, 2762A-68 (Dec. 21, 2000). Premium processing allows filers to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra amount. *See* 8 CFR 103.7(b)(1)(i)(SS) and (e). The premium processing fee is paid in addition to the base filing fee and any other applicable fees. *See* 8 CFR 103.7(b)(1)(i)(SS)( *1* ). It cannot be waived. *See* 8 CFR 103.7(b)(1)(i)(SS)( *3* ). USCIS uses premium processing fee revenue to improve its adjudications and customer service processes, fund the costs of providing the premium services, and modernize its information technology systems. Premium processing is currently authorized for certain petitioners filing a Petition for a Nonimmigrant Worker (Form I-129), or an Immigrant Petition for Alien Worker (Form I-140) seeking certain employment-based classifications. *See* 8 CFR 103.7(b)(1)(i)(SS) and (e). 1 DHS last adjusted the premium processing fee to $1,225 in its 2010 USCIS fee rule. *See USCIS Fee Schedule; Final Rule,* 75 FR 58961, 58978, 58988 (Sept. 24, 2010); 8 CFR 103.7(b)(1)(i)(RR) (effective Nov. 23, 2010, codified as amended at 8 CFR 103.7(b)(1)(i)(SS), 81 FR 73292, 73331 (Oct. 24, 2016)). II. Basis for Adjustment Consistent with INA section 286(u), 8 U.S.C. 1356(u), DHS has calculated the percent change in the CPI-U to measure inflation. For the end point for the period of inflation to establish the current premium processing fee, DHS used the Consumer Price Index-Urban Consumers (CPI-U) as of June 2010. *See* 75 FR 58961. Accordingly, we have used July 2010 as the starting point for this change. In July 2010 the CPI-U was 218.01, and in April 2018 it was 250.55. 2 Therefore, between July 2010 and April 2018, the CPI-U increased by 14.92 percent. 3 When the percentage increase is applied to the current premium processing fee of $1,225, the adjusted premium processing fee is $1,408 ($1,410 when rounded to the nearest $5 increment). Thus, under INA section 286(u), 8 U.S.C. 1356(u), the USCIS premium processing fee will be $1,410. *See* final 8 CFR 103.7(b)(1)(i)(SS). 1 *See also* USCIS, How Do I Use the Premium Processing Service, *https://www.uscis.gov/forms/how-do-i-use-premium-processing-service* (last reviewed/updated Oct. 3, 2017, last visited June 7, 2018). 2 The latest CPI-U data is available at *http://data.bls.gov/cgi-bin/surveymost?bls.* Select CPI for All Urban Consumers (CPI-U) 1982-84=100 (Unadjusted)—CUUR0000SA0 and click the Retrieve data button. 3 We calculated this by subtracting the July 2010 CPI-U (218.01) from the April 2018 CPI-U (250.55). We divided the result (32.54) by the July 2010 CPI-U (218.01). Calculation: (250.55−218.01)/218.01 = 14.92 percent. USCIS intends to use the premium funds that are generated by the fee increase to provide certain premium-processing services to business customers, and to make infrastructure improvements in the adjudications and customer-service processes. In recent years, premium processing has been suspended on employment-based petitions to permit officers working on premium processing cases to process long-pending non-premium filed petitions as well as to prevent a lapse in employment authorization for beneficiaries of extension petitions resulting from the high volume of incoming petitions and a significant surge in premium processing requests. 4 The additional staff hired through the premium funds will allow USCIS to provide premium processing service with less disruption and improve the adjudications and customer service process. USCIS also plans to make adequate investment in information technology systems that will improve the adjudications process and the services provided to applicants and petitioners. 4 *See,* USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions, *https://www.uscis.gov/archive/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions* (Last Reviewed/Updated: 03/03/2017); USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions, *https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-fiscal-year-2019-h-1b-cap-petitions* (Last Reviewed/Updated: 03/20/2018). A request for premium processing postmarked on or after October 1, 2018 must include the new fee. Petitioners must pay the $1,410 fee in addition to and separate from other filing fees. 8 CFR 103.7(b)(1)(i)(SS)( *1* ). The premium processing fee may not be waived. 8 CFR 103.7(b)(1)(i)(SS)( *3* ). 5 III. Regulatory Requirements 5 This rule also makes a technical correction to the authority citation for 8 CFR part 103. In a previous DHS rule, a citation to 48 U.S.C. 1806 was inadvertently removed. *See* 76 FR 53764, 53780. This rule reinserts that citation. A. Administrative Procedure Act DHS is making this fee increase final without notice and comment because it is unnecessary. 5 U.S.C. 553(b)(B). By law, DHS may adjust the premium processing fee for inflation according to the Consumer Price Index. *See* INA section 286(u), 8 U.S.C. 1356(m). DHS has previously established by regulation that DHS may adjust the fee annually by notice. 8 CFR 103.7(b)(1)(i)(SS)( *2* ). No comments were received on the USCIS Fee Schedule; Final Rule regarding USCIS's authority to adjust the premium processing fee for inflation in the future. *See* 75 FR 58961-58991. The amount of the increase would not be changed by public comment. The sole exercise of discretion here relates to the determination whether, as a matter of internal agency management, DHS and USCIS needs additional premium processing fee revenue to provide premium processing services and to make infrastructure improvements in the adjudications and customer-service processes as authorized by INA 286(u), 8 U.S.C. 1356(u), and whether, as a procedural matter, payment of such increased fee will be a precondition for receiving the premium processing service. Therefore, further delay of this regulation change to solicit public comments is unnecessary. B. Other Regulatory Requirements Because this action is not subject to the notice-and-comment requirements under the APA, a final regulatory flexibility analysis is not required. *See* 5 U.S.C. 604(a). In addition, this rule is not a “major rule” as defined by the Congressional Review Act, 5 U.S.C. 804(2), and thus is not subject to a 60-day delay in the rule becoming effective. This action is not subject to the written statement requirements of the Unfunded Mandates Reform Act of 1995

(UMRA)(Pub. L. 104-4). Nor does it require prior consultation with State, local, and tribal government officials as specified by Executive Orders 13132 or 13175. This rule also does not require an Environmental Assessment

(EA)or Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii) and 1508.4. This action does not affect the quality of the human environment and fits within Categorical Exclusion number A3(d) in Dir. 023-01 Rev. 01, Appendix A, Table 1, for rules that interpret or amend an existing regulation without changing its environmental effect. Finally, this action does not require review by the Office of Management and Budget

(OMB)under Executive Orders 12866 and 13563. As previously discussed, DHS has the authority to adjust the premium processing fees according to the CPI-U. DHS is adjusting the premium processing fee by 14.92 percent resulting in an increase of $185 per Form I-907 (from a fee of $1,225 per premium processing Form I-907 to $1,410 per Form I-907). Table 1 shows the total number of premium processing Forms I-907 received by USCIS from fiscal year 2013 to 2017. On average, USCIS received 238,784 Forms I-907 annually during this timeframe. Table 1—Total Number of Premium Processing (Form I-907) Requests Received, Fiscal Years 2013-2017 Fiscal year Total Form I-907 receipts received 2013 189,588 2014 218,400 2015 234,576 2016 319,517 2017 231,839 Average 238,784 Source: USCIS, Office of the Chief Financial Officer. DHS estimates an additional annual $44 million in revenue to be collected from the increase in premium processing fees due to adjustment of inflation. 6 As discussed earlier, the premium processing fee revenue will be used to make infrastructure improvements in the adjudications and customer service processes as well as to fund the cost of providing premium services. 6 Additional revenue collected = 238,784 average number of premium processing Forms I-907 received * $185 increase in premium processing fees = $44,175,040. This rule imposes transfer payments between the public and the government. Thus, this action is exempt from Executive Order 13771. List of Subjects in 8 CFR Part 103 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of information, Immigration, Privacy, Reporting and recordkeeping requirements, Surety bonds. For the reasons stated in the preamble, DHS amends part 103 of chapter I of title 8 of the Code of Federal Regulations as follows: PART 103—IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS 1. The authority citation for part 103 is revised to read as follows: *Authority:* 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; 48 U.S.C. 1806; Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 *et seq.* ); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p. 166; 8 CFR part 2; Pub. L. 112-54, 125 Stat 550. § 103.7 [Amended] 2. Section 103.7 is amended in paragraph (b)(1)(i)(SS) introductory text by removing “$1,225” and adding in its place “$1,410”. Claire M. Grady, Acting Deputy Secretary. [FR Doc. 2018-19108 Filed 8-30-18; 8:45 am]

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