82 FR 4771 - Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review Federal Register Volume 82, Issue 10 (January 17, 2017)
Executive Office for Immigration Review
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 4771-4773 | |
| FR Document | 2017-00902 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Rules and Regulations] [Pages 4771-4773] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00902] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Part 1235 [AG Order No. 3817-2017; EOIR Docket No. 401] RIN 1125-AA80 Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air AGENCY: Executive Office for Immigration Review, Department of Justice. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This final rule revises Executive Office for Immigration Review (EOIR) regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by aircraft. This final rule conforms with a parallel Department of Homeland Security (DHS) regulation. As a result of these changes, Cuban nationals who arrive in the United States at a port of entry by aircraft will be subject to expedited removal proceedings commensurate with nationals of other countries. DATES: This final rule is effective January 13, 2017. Interested persons are invited to submit written comments on this final rule on or before March 20, 2017. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day. ADDRESSES: Please submit written comments to Jean King, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041. To ensure proper handling, please reference RIN No. 1125-AA80 or EOIR Docket No. 401 on your correspondence. You may submit comments electronically or view an electronic version of this proposed rule at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Jean King, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041; telephone (703) 605-1744 (not a toll-free call). SUPPLEMENTARY INFORMATION: I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this rule. EOIR also invites comments that relate to the economic, environmental, or federalism effects that might result from this rule. To provide the most assistance to EOIR, comments should explain the reason for any recommended change, and should include data, information, or authority that supports such recommended change. All comments submitted for this rulemaking should include the agency name and RIN 1125-AA80 or EOIR Docket No. 401. Please note that all comments received are considered part of the public record and will be made available for public inspection at www.regulations.gov., including personally identifiable information (such as a person's name, address, or any other data that might personally identify that individual) voluntarily submitted by the commenter. If you want to submit personally identifiable information as part of your comment, but do not want it to be posted online, you must include the phrase ``PERSONALLY IDENTIFIABLE INFORMATION'' in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online, you must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph of your comment. You also must prominently identify confidential [[Page 4772]] business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on www.regulations.gov. Personally identifiable information and confidential business information provided as set forth above will be placed in the agency's public docket file, but not posted online. To inspect the agency's public docket file in person, you must make an appointment with agency counsel. Please see the FOR FURTHER INFORMATION CONTACT paragraph above for agency counsel's contact information. II. Background This rule conforms to the rule published by DHS in this issue of the Federal Register that revises 8 CFR 235.3(b)(1)(i). This rule revises the parallel Department of Justice (DOJ) regulation, 8 CFR 1235.3(b)(1)(i), which states that the expedited removal provisions apply to ``[a]rriving aliens, as defined in [8 CFR 1001.1(q)], except for citizens of Cuba arriving at a United States port-of-entry by aircraft''.\1\ Both the DHS rule and this rule eliminate the provisions in the Departments' respective regulations that categorically exempt Cuban nationals who arrive at a U.S. port of entry by aircraft from expedited removal proceedings. As a result of these changes, Cuban nationals who arrive in the United States at a port of entry by aircraft will be subject to expedited removal proceedings commensurate with nationals of other countries. --------------------------------------------------------------------------- \1\ DOJ initially promulgated 8 CFR 235.3(b)(1)(i) as an exercise of the functions of the former Immigration and Naturalization Service (INS) and the Executive Office for Immigration Review. See 62 FR 10312 (Mar. 6, 1997). Following enactment of the HSA, 8 CFR 235.3(b)(1)(i) was transferred to DHS, and effectively duplicated in parallel DOJ regulations at 8 CFR 1235.3(b)(1)(i). See 68 FR 10349 (Mar. 5, 2003). --------------------------------------------------------------------------- III. Statutory and Regulatory Requirements A. Administrative Procedure Act The implementation of this rule as a final rule, with provisions for post-promulgation public comments, is based on the good cause exception found in section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)). Delaying the implementation of the change announced in this rule to allow pre-promulgation notice and comment would be impracticable and contrary to the public interest. Section 235(b)(1)(A)(iii)(I) of the Immigration and Nationality Act explicitly authorizes the Secretary of Homeland Security to designate categories of aliens to whom expedited removal proceedings may be applied, and makes clear that ``[s]uch designation shall be in the sole and unreviewable discretion of the Secretary and may be modified at any time.'' 8 U.S.C. 1225(b)(1)(A)(iii)(I). This conforming rule is necessary to conform to the DHS rulemaking, which will allow DHS to remove quickly from the United States certain Cuban nationals who arrive by air at U.S. ports of entry. The ability to detain such aliens while admissibility and identity are determined and protection claims are adjudicated, as well as to quickly remove those without protection claims or claims to lawful status, is a necessity for national security and public safety. Pre-promulgation notice and comment would undermine these interests, while endangering human life and having a potential destabilizing effect in the region. Specifically, the Department is concerned that publication of the rule as a proposed rule, which would signal a significant change in policy while permitting continuation of the exception for Cuban nationals, could lead to a surge in migration of Cuban nationals seeking to travel to and enter the United States during the period between the publication of a proposed and a final rule. Such a surge would threaten national security and public safety by diverting valuable Government resources from counterterrorism and homeland security responsibilities. A surge could also have a destabilizing effect on the region, thus weakening the security of the United States and threatening its international relations. Additionally, a surge could result in significant loss of human life. Accordingly, DOJ finds that it would be impracticable and contrary to the public interest to accept pre-promulgation comments on this rule. For the same reasons, DOJ also finds good cause to issue this rule without a 30-day delayed effective date requirement of the APA, see 5 U.S.C. 553(d).\2\ --------------------------------------------------------------------------- \2\ In addition, in light of the lack of pre-publication notice- and-comment and a delayed effective date for the related notice that DHS has published in this issue of the Federal Register, a delay in the effective date of this regulation would be incongruous and unnecessary. --------------------------------------------------------------------------- In addition, the change implemented by this rule is part of a major foreign policy initiative announced by the President, and is central to ongoing diplomatic discussions between the United States and Cuba with respect to travel and migration between the two countries. DOJ, in consultation with the Department of State, has determined that eliminating the exception from expedited removal proceedings for Cuban nationals involves a foreign affairs function of the United States, 5 U.S.C. 553(a)(1), and is also exempt from the notice and comment and 30-day delayed effective date requirements of the APA on that basis. DOJ is nevertheless providing the opportunity for the public to provide comments. B. Executive Orders 13563 and 12866 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget has not designated this rule as a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this rule. C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare a regulatory flexibility analysis that describes the effect of a proposed rule on small entities when the agency is required to publish a general notice of proposed rulemaking. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). Because this final rule is exempt from notice-and- comment rulemaking requirements under 5 U.S.C. 553, a regulatory flexibility analysis is not required. D. 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 [[Page 4773]] of the Unfunded Mandates Reform Act of 1995. E. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. See 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. F. Executive Order 13132: Federalism This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. G. 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. H. 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 rule because there are no new or revised recordkeeping or reporting requirements. List of Subjects in 8 CFR Part 1235 Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements. Accordingly, for the reasons stated in the preamble, part 1235 of title 8 of the Code of Federal Regulations is amended as follows: PART 1235--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 0 1. The authority citation for part 1235 continues to read: Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1201, 1224, 1225, 1226, 1228, 1365a note, 1379, 1731-32; Title VII of Public Law 110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458). 0 2. Revise Sec. 1235.3(b)(1)(i) to read as follows: Sec. 1235.3 Inadmissible aliens and expedited removal. * * * * * (b) * * * (1) * * * (i) Arriving aliens, as defined in Sec. 1001.1(q) of this chapter; * * * * * Dated: January 11, 2017. Loretta E. Lynch, Attorney General. [FR Doc. 2017-00902 Filed 1-13-17; 8:45 am] BILLING CODE 4410-30-P
![Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations 4771
nevertheless providing the opportunity Authority: 8 U.S.C. 1101 and note, 1103, postmarked on or before that date. The
for the public to comment. 1183, 1185 (pursuant to E.O. 13323, 69 FR electronic Federal Docket Management
241, 3 CFR, 2004 Comp., p. 278), 1201, 1224, System (FDMS) will accept comments
B. Executive Orders 13563 and 12866 1225, 1226, 1228, 1365a note, 1365b, 1379, until midnight Eastern Time at the end
1731–32; Title VII of Public Law 110–229; 8
Executive Orders 13563 and 12866 of that day.
U.S.C. 1185 note (section 7209 of Pub. L.
direct agencies to assess the costs and 108–458); Pub. L. 112–54. ADDRESSES: Please submit written
benefits of available regulatory comments to Jean King, General
alternatives and, if regulation is ■ 2. Revise § 235.3(b)(1)(i) to read as
Counsel, Executive Office for
necessary, to select regulatory follows:
Immigration Review, 5107 Leesburg
approaches that maximize net benefits § 235.3 Inadmissible aliens and expedited Pike, Suite 2600, Falls Church, Virginia
(including potential economic, removal. 22041. To ensure proper handling,
environmental, public health and safety * * * * * please reference RIN No. 1125–AA80 or
effects, distributive impacts, and (b) * * * EOIR Docket No. 401 on your
equity). Executive Order 13563 (1) * * * correspondence. You may submit
emphasizes the importance of (i) Arriving aliens, as defined in 8 comments electronically or view an
quantifying both costs and benefits, of CFR 1.2; electronic version of this proposed rule
reducing costs, of harmonizing rules, at www.regulations.gov.
* * * * *
and of promoting flexibility. FOR FURTHER INFORMATION CONTACT: Jean
The Office of Management and Budget Signed: at Washington, DC, this 11th of
January 2017. King, General Counsel, Executive Office
has not designated this rule as a for Immigration Review, 5107 Leesburg
significant regulatory action under Jeh Charles Johnson,
Pike, Suite 2600, Falls Church, Virginia
section 3(f) of Executive Order 12866. Secretary of Homeland Security.
22041; telephone (703) 605–1744 (not a
Accordingly, the Office of Management [FR Doc. 2017–00915 Filed 1–13–17; 8:45 am]
toll-free call).
and Budget has not reviewed this rule. BILLING CODE P
SUPPLEMENTARY INFORMATION:
C. Regulatory Flexibility Act
I. Public Participation
The Regulatory Flexibility Act (5 DEPARTMENT OF JUSTICE Interested persons are invited to
U.S.C. 601 et seq.), as amended by the
participate in this rulemaking by
Small Business Regulatory Enforcement Executive Office for Immigration submitting written data, views, or
and Fairness Act of 1996, requires an Review arguments on all aspects of this rule.
agency to prepare a regulatory flexibility
EOIR also invites comments that relate
analysis that describes the effect of a 8 CFR Part 1235 to the economic, environmental, or
proposed rule on small entities when
[AG Order No. 3817–2017; EOIR Docket No. federalism effects that might result from
the agency is required to publish a 401] this rule. To provide the most assistance
general notice of proposed rulemaking.
RIN 1125–AA80 to EOIR, comments should explain the
A small entity may be a small business
reason for any recommended change,
(defined as any independently owned
Eliminating Exception to Expedited and should include data, information, or
and operated business not dominant in
Removal Authority for Cuban Nationals authority that supports such
its field that qualifies as a small
Arriving by Air recommended change.
business per the Small Business Act); a All comments submitted for this
small not-for-profit organization; or a AGENCY: Executive Office for rulemaking should include the agency
small governmental jurisdiction Immigration Review, Department of name and RIN 1125–AA80 or EOIR
(locality with fewer than 50,000 people). Justice. Docket No. 401. Please note that all
Because this final rule is exempt from ACTION: Final rule; request for comments received are considered part
notice-and-comment rulemaking comments. of the public record and will be made
requirements under 5 U.S.C. 553, a available for public inspection at
regulatory flexibility analysis is not SUMMARY: This final rule revises www.regulations.gov., including
required. Executive Office for Immigration personally identifiable information
Review (EOIR) regulations to eliminate (such as a person’s name, address, or
Regulatory Amendments
the categorical exception from any other data that might personally
List of Subjects for 8 CFR Part 235 expedited removal proceedings for identify that individual) voluntarily
Administrative practice and Cuban nationals who arrive in the submitted by the commenter.
procedure, Aliens, Immigration, United States at a port of entry by If you want to submit personally
Reporting and recordkeeping aircraft. This final rule conforms with a identifiable information as part of your
requirements. parallel Department of Homeland comment, but do not want it to be
Security (DHS) regulation. As a result of posted online, you must include the
Authority and Issuance these changes, Cuban nationals who phrase ‘‘PERSONALLY IDENTIFIABLE
For the reasons stated in the arrive in the United States at a port of INFORMATION’’ in the first paragraph
preamble, part 235 of title 8 of the Code entry by aircraft will be subject to of your comment and identify what
of Federal Regulations is amended as set expedited removal proceedings information you want redacted.
forth below: commensurate with nationals of other If you want to submit confidential
sradovich on DSK3GMQ082PROD with RULES
countries. business information as part of your
8 CFR CHAPTER I
DATES: This final rule is effective comment, but do not want it to be
PART 235—INSPECTION OF PERSONS January 13, 2017. Interested persons are posted online, you must include the
APPLYING FOR ADMISSION invited to submit written comments on phrase ‘‘CONFIDENTIAL BUSINESS
this final rule on or before March 20, INFORMATION’’ in the first paragraph
■ 1. The authority citation for part 235 2017. Comments received by mail will of your comment. You also must
continues to read: be considered timely if they are prominently identify confidential
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![4772 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
business information to be redacted authorizes the Secretary of Homeland Department of State, has determined
within the comment. If a comment has Security to designate categories of aliens that eliminating the exception from
so much confidential business to whom expedited removal expedited removal proceedings for
information that it cannot be effectively proceedings may be applied, and makes Cuban nationals involves a foreign
redacted, all or part of that comment clear that ‘‘[s]uch designation shall be in affairs function of the United States, 5
may not be posted on the sole and unreviewable discretion of U.S.C. 553(a)(1), and is also exempt
www.regulations.gov. the Secretary and may be modified at from the notice and comment and 30-
Personally identifiable information any time.’’ 8 U.S.C. 1225(b)(1)(A)(iii)(I). day delayed effective date requirements
and confidential business information This conforming rule is necessary to of the APA on that basis. DOJ is
provided as set forth above will be conform to the DHS rulemaking, which nevertheless providing the opportunity
placed in the agency’s public docket will allow DHS to remove quickly from for the public to provide comments.
file, but not posted online. To inspect the United States certain Cuban
the agency’s public docket file in nationals who arrive by air at U.S. ports B. Executive Orders 13563 and 12866
person, you must make an appointment of entry. The ability to detain such Executive Orders 13563 and 12866
with agency counsel. Please see the FOR aliens while admissibility and identity direct agencies to assess the costs and
FURTHER INFORMATION CONTACT are determined and protection claims benefits of available regulatory
paragraph above for agency counsel’s are adjudicated, as well as to quickly alternatives and, if regulation is
contact information. remove those without protection claims necessary, to select regulatory
II. Background or claims to lawful status, is a necessity approaches that maximize net benefits
for national security and public safety. (including potential economic,
This rule conforms to the rule Pre-promulgation notice and environmental, public health and safety
published by DHS in this issue of the comment would undermine these effects, distributive impacts, and
Federal Register that revises 8 CFR interests, while endangering human life equity). Executive Order 13563
235.3(b)(1)(i). This rule revises the and having a potential destabilizing emphasizes the importance of
parallel Department of Justice (DOJ) effect in the region. Specifically, the quantifying both costs and benefits, of
regulation, 8 CFR 1235.3(b)(1)(i), which Department is concerned that reducing costs, of harmonizing rules,
states that the expedited removal publication of the rule as a proposed and of promoting flexibility.
provisions apply to ‘‘[a]rriving aliens, as rule, which would signal a significant
defined in [8 CFR 1001.1(q)], except for The Office of Management and Budget
change in policy while permitting
citizens of Cuba arriving at a United has not designated this rule as a
continuation of the exception for Cuban
States port-of-entry by aircraft’’.1 Both significant regulatory action under
nationals, could lead to a surge in
the DHS rule and this rule eliminate the section 3(f) of Executive Order 12866.
migration of Cuban nationals seeking to
provisions in the Departments’ travel to and enter the United States Accordingly, the Office of Management
respective regulations that categorically during the period between the and Budget has not reviewed this rule.
exempt Cuban nationals who arrive at a publication of a proposed and a final C. Regulatory Flexibility Act
U.S. port of entry by aircraft from rule. Such a surge would threaten
expedited removal proceedings. As a national security and public safety by The Regulatory Flexibility Act (5
result of these changes, Cuban nationals diverting valuable Government U.S.C. 601 et seq.), as amended by the
who arrive in the United States at a port resources from counterterrorism and Small Business Regulatory Enforcement
of entry by aircraft will be subject to homeland security responsibilities. A and Fairness Act of 1996, requires an
expedited removal proceedings surge could also have a destabilizing agency to prepare a regulatory flexibility
commensurate with nationals of other effect on the region, thus weakening the analysis that describes the effect of a
countries. security of the United States and proposed rule on small entities when
threatening its international relations. the agency is required to publish a
III. Statutory and Regulatory Additionally, a surge could result in general notice of proposed rulemaking.
Requirements significant loss of human life. A small entity may be a small business
A. Administrative Procedure Act Accordingly, DOJ finds that it would (defined as any independently owned
be impracticable and contrary to the and operated business not dominant in
The implementation of this rule as a its field that qualifies as a small
public interest to accept pre-
final rule, with provisions for post- business per the Small Business Act); a
promulgation comments on this rule.
promulgation public comments, is based small not-for-profit organization; or a
For the same reasons, DOJ also finds
on the good cause exception found in small governmental jurisdiction
good cause to issue this rule without a
section 553 of the Administrative (locality with fewer than 50,000 people).
30-day delayed effective date
Procedure Act (APA) (5 U.S.C. Because this final rule is exempt from
requirement of the APA, see 5 U.S.C.
553(b)(B)). Delaying the implementation notice-and-comment rulemaking
553(d).2
of the change announced in this rule to In addition, the change implemented requirements under 5 U.S.C. 553, a
allow pre-promulgation notice and by this rule is part of a major foreign regulatory flexibility analysis is not
comment would be impracticable and policy initiative announced by the required.
contrary to the public interest. Section President, and is central to ongoing
235(b)(1)(A)(iii)(I) of the Immigration D. Unfunded Mandates Reform Act of
diplomatic discussions between the 1995
and Nationality Act explicitly United States and Cuba with respect to
travel and migration between the two This rule will not result in the
sradovich on DSK3GMQ082PROD with RULES
1 DOJ initially promulgated 8 CFR 235.3(b)(1)(i) as
an exercise of the functions of the former countries. DOJ, in consultation with the expenditure by State, local, and tribal
Immigration and Naturalization Service (INS) and governments, in the aggregate, or by the
the Executive Office for Immigration Review. See 62 2 In addition, in light of the lack of pre- private sector, of $100 million or more
FR 10312 (Mar. 6, 1997). Following enactment of publication notice-and-comment and a delayed in any one year, and it will not
the HSA, 8 CFR 235.3(b)(1)(i) was transferred to effective date for the related notice that DHS has
DHS, and effectively duplicated in parallel DOJ published in this issue of the Federal Register, a
significantly or uniquely affect small
regulations at 8 CFR 1235.3(b)(1)(i). See 68 FR delay in the effective date of this regulation would governments. Therefore, no actions were
10349 (Mar. 5, 2003). be incongruous and unnecessary. deemed necessary under the provisions
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![Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations 4773
of the Unfunded Mandates Reform Act 1225, 1226, 1228, 1365a note, 1379, 1731–32; Internet http://www.airbus.com. You
of 1995. Title VII of Public Law 110–229; 8 U.S.C. may view this referenced service
1185 note (section 7209 of Pub. L. 108–458). information at the FAA, Transport
E. Small Business Regulatory
■ 2. Revise § 1235.3(b)(1)(i) to read as Airplane Directorate, 1601 Lind Avenue
Enforcement Fairness Act of 1996
follows: SW., Renton, WA. For information on
This rule is not a major rule as the availability of this material at the
defined by section 251 of the Small § 1235.3 Inadmissible aliens and expedited FAA, call 425–227–1221. It is also
Business Regulatory Enforcement removal. available on the Internet at http://
Fairness Act of 1996. See 5 U.S.C. 804. * * * * * www.regulations.gov by searching for
This rule will not result in an annual (b) * * * and locating Docket No. FAA–2016–
effect on the economy of $100 million (1) * * * 9110.
or more; a major increase in costs or (i) Arriving aliens, as defined in
§ 1001.1(q) of this chapter; Examining the AD Docket
prices; or significant adverse effects on
competition, employment, investment, * * * * * You may examine the AD docket on
productivity, innovation, or on the the Internet at http://
Dated: January 11, 2017. www.regulations.gov by searching for
ability of United States-based
Loretta E. Lynch, and locating Docket No. FAA–2016–
enterprises to compete with foreign-
based enterprises in domestic and Attorney General. 9110; or in person at the Docket
export markets. [FR Doc. 2017–00902 Filed 1–13–17; 8:45 am] Management Facility between 9 a.m.
BILLING CODE 4410–30–P and 5 p.m., Monday through Friday,
F. Executive Order 13132: Federalism except Federal holidays. The AD docket
This rule will not have substantial contains this AD, the regulatory
direct effects on the States, on the DEPARTMENT OF TRANSPORTATION evaluation, any comments received, and
relationship between the National other information. The street address for
Government and the States, or on the Federal Aviation Administration the Docket Office (telephone 800–647–
distribution of power and 5527) is Docket Management Facility,
responsibilities among the various 14 CFR Part 39 U.S. Department of Transportation,
levels of government. Therefore, in Docket Operations, M–30, West
[Docket No. FAA–2016–9110; Directorate
accordance with section 6 of Executive Identifier 2015–NM–196–AD; Amendment Building Ground Floor, Room W12–140,
Order 13132, it is determined that this 39–18773; AD 2017–01–06] 1200 New Jersey Avenue SE.,
rule does not have sufficient federalism Washington, DC 20590.
implications to warrant the preparation RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
of a federalism summary impact Sanjay Ralhan, Aerospace Engineer,
Airworthiness Directives; Airbus
statement. International Branch, ANM–116,
Airplanes
G. Executive Order 12988: Civil Justice Transport Airplane Directorate, FAA,
Reform AGENCY: Federal Aviation 1601 Lind Avenue SW., Renton, WA
Administration (FAA), Department of 98057–3356; telephone 425–227–1405;
This rule meets the applicable Transportation (DOT). fax 425–227–1149.
standards set forth in sections 3(a) and SUPPLEMENTARY INFORMATION:
ACTION: Final rule.
3(b)(2) of Executive Order 12988.
SUMMARY: We are adopting a new Discussion
H. Paperwork Reduction Act
airworthiness directive (AD) for certain We issued a notice of proposed
The provisions of the Paperwork Airbus Model A319–115, A319–132, rulemaking (NPRM) to amend 14 CFR
Reduction Act of 1995, Public Law 104– A320–214, A320–232, A321–211, A321– part 39 by adding an AD that would
13, 44 U.S.C. chapter 35, and its 213, and A321–231 airplanes. This AD apply to certain Airbus Model A319–
implementing regulations, 5 CFR part was prompted by a report of certain tie 115, A319–132, A320–214, A320–232,
1320, do not apply to this rule because rod assemblies installed on the hinged A321–211, A321–213, and A321–231
there are no new or revised fairing assembly of the main landing airplanes. The NPRM published in the
recordkeeping or reporting gear (MLG) with no cadmium plating on Federal Register on September 19, 2016
requirements. the rod end threads. This AD requires (81 FR 64083).
List of Subjects in 8 CFR Part 1235 inspection and replacement of certain The European Aviation Safety Agency
tie rod assemblies installed on the (EASA), which is the Technical Agent
Administrative practice and for the Member States of the European
hinged fairing assembly of the MLG. We
procedure, Aliens, Immigration, Union, has issued EASA Airworthiness
are issuing this AD to address the unsafe
Reporting and recordkeeping Directive 2015–0234, dated December 8,
condition on these products.
requirements. 2015 (referred to after this as the
DATES: This AD is effective February 21,
Accordingly, for the reasons stated in Mandatory Continuing Airworthiness
2017.
the preamble, part 1235 of title 8 of the Information, or ‘‘the MCAI’’), to correct
The Director of the Federal Register
Code of Federal Regulations is amended an unsafe condition for certain Airbus
approved the incorporation by reference
as follows: Model A319–115, A319–132, A320–214,
of a certain publication listed in this AD
as of February 21, 2017. A320–232, A321–211, A321–213, and
PART 1235—EXECUTIVE OFFICE FOR A321–231 airplanes. The MCAI states:
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IMMIGRATION REVIEW ADDRESSES: For service information
identified in this final rule, contact A production quality issue was identified
■ 1. The authority citation for part 1235 Airbus, Airworthiness Office—EIAS, 1 concerning tie rod assemblies, having Part
Number (P/N) starting with D52840212000 or
continues to read: Rond Point Maurice Bellonte, 31707 D52840212002, which are installed on the
Authority: 8 U.S.C. 1101 and note, 1103, Blagnac Cedex, France; telephone +33 5 main landing gear (MLG) hinged fairing
1183, 1185 (pursuant to E.O. 13323, 69 FR 61 93 36 96; fax +33 5 61 93 44 51; email assembly. This quality issue affects the
241, 3 CFR, 2003 Comp., p. 278), 1201, 1224, account.airworth-eas@airbus.com; cadmium plating surface treatment which
VerDate Sep<11>2014 16:30 Jan 13, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1](https://thefederalregister.org/doc/82_FR_4781/page/3.svg)
Document Created: 2017-01-14 01:44:52
Document Modified: 2017-01-14 01:44:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; request for comments. | |
| Dates | This final rule is effective January 13, 2017. Interested persons are invited to submit written comments on this final rule on or before March 20, 2017. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day. | |
| Contact | Jean King, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041; telephone (703) 605-1744 (not a toll-free call). | |
| FR Citation | 82 FR 4771 | |
| RIN Number | 1125-AA80 | |
| CFR Associated | Administrative Practice and Procedure; Aliens; Immigration and Reporting and Recordkeeping Requirements |
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