This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

16525 

Vol. 76, No. 57 

Thursday, March 24, 2011 

DEPARTMENT OF JUSTICE 

Executive Office for Immigration 

Review 

8 CFR Part 1274a 

[EOIR No. 166F; AG Order No. 3260–2011] 

RIN 1125–AA64 

Reorganization of Regulations on 

Control of Employment of Aliens 

AGENCY: Executive Office for 

Immigration Review, Department of 

Justice. 

ACTION: Final rule. 

SUMMARY: This final rule adopts without 

change an interim rule with request for 

comments published in the Federal 

Register on January 15, 2009. The 

interim rule amended regulations of the 

Executive Office for Immigration 

Review (EOIR), Department of Justice, 

by deleting the unnecessary, duplicative 

provisions in part 1274a of chapter V in 

title 8 of the Code of Federal 

Regulations (CFR) that are the 

responsibility of the Department of 

Homeland Security (DHS). This rule 

also revised the remaining provisions in 

part 1274a to reference the applicable 

DHS regulations. 

DATES: This rule is effective March 24, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Robin M. Stutman, General Counsel, 

Executive Office for Immigration 

Review, 5107 Leesburg Pike, Suite 2600, 

Falls Church, Virginia 22041, telephone 

(703) 305–0470 (not a toll-free call). 

SUPPLEMENTARY INFORMATION: On 

January 15, 2009, the Department of 

Justice published an interim rule with 

request for comments amending 8 CFR 

part 1274a. Reorganization of 

Regulations on Control of Employment 

of Aliens, 74 FR 2337 (Jan. 15, 2009). 

The Homeland Security Act of 2002, as 

amended, transferred the functions of 

the former Immigration and 

Naturalization Service (INS) from the 

Department of Justice to DHS; however, 

it retained under the authority of the 

Attorney General the functions of EOIR, 

a separate agency within the 

Department of Justice. As the existing 

regulations often intermingled the 

responsibilities of the former INS and 

EOIR, this transfer required a 

reorganization of title 8 of the CFR in 

February 2003, including the 

establishment of a new chapter V in 8 

CFR pertaining to EOIR. As part of this 

reorganization, a number of regulations 

pertaining to the responsibilities of DHS 

intentionally were duplicated in the 

new chapter V because those regulations 

also included provisions relating to the 

responsibilities of EOIR. As explained 

in the interim rule, the Department of 

Justice has determined that most of the 

duplicated regulations in part 1274a 

pertain to functions that are DHS’s 

responsibility and do not need to be 

reproduced in EOIR’s regulations in 

chapter V. The interim rule deleted the 

unnecessary, duplicative regulations in 

part 1274a and revised the remaining 

EOIR provisions to reference the 

applicable DHS regulations. 

The Department of Justice provided 

an opportunity for post-promulgation 

comment even though this is a rule of 

internal agency organization. The 

comment period ended March 16, 2009. 

Two comments were received, 

including one from a legal service 

provider and another from a member of 

the public. The first comment proposed 

adding a new document—proof of 

asylee status—to the list of ‘‘Documents 

that Establish Employment 

Authorization’’ in 8 CFR 274a.2. The 

Department notes that the two sections 

mentioned by the commenter, 8 CFR 

274a.2 and 274a.12, are DHS regulations 

and are not part of the EOIR regulations. 

This comment appears to be addressing 

changes proposed by DHS in its interim 

rule, Documents Acceptable for 

Employment Eligibility Verification, 73 

FR 76505 (Dec. 17, 2008). Furthermore, 

the comment did not discuss EOIR’s 

regulations or EOIR’s interim rule. The 

second comment expressed a general 

opinion about employment of aliens in 

the United States and did not discuss 

EOIR’s interim rule. As neither 

comment addressed the changes set 

forth in the interim rule, there is no 

reason to revise the provisions of that 

rule. Accordingly, the interim rule 

amending 8 CFR part 1274a that was 

published on January 15, 2009, is being 

adopted as a final rule without change. 

Regulatory Requirements 

Administrative Procedure Act 

The Department of Justice provided 

an opportunity for post-promulgation 

public comment under 5 U.S.C. 553, 

even though compliance with the 

requirements in 5 U.S.C. 553 with 

regard to notice of proposed rulemaking 

and delayed effective date is 

unnecessary. Such compliance is 

unnecessary because this rule makes 

only technical amendments to the 

organization, procedures, and practices 

of the Department of Justice to improve 

the organization of the Department 

regulations, reflects the transfer of 

functions contemplated by the 

Homeland Security Act of 2002, and 

recodifies existing regulations. 

Regulatory Flexibility Act 

As notice of proposed rulemaking is 

not required for this rule under the 

Administrative Procedure Act, 5 U.S.C. 

553, the provisions of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., do 

not apply. 

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 interim rule 

because there are no new or revised 

recordkeeping or reporting 

requirements. 

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. 

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, (SBREFA), 5 

U.S.C. 804. This rule will not result in 


jdjones on DSK8KYBLC1PROD with RULES
16526 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Rules and Regulations 

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 

companies to compete with foreignbased companies in domestic and 

export markets. 

Congressional Review Act 

This action pertains to agency 

organization, procedures, and practices 

and does not substantially affect the 

rights or obligations of non-agency 

parties. Accordingly, it is not a ‘‘rule’’ as 

that term is used by the Congressional 

Review Act (Subtitle E, SBREFA). 

Therefore, the reporting requirement of 

5 U.S.C. 801 does not apply. 

Executive Order 12866 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, section 1(b), Principles of 

Regulation. The Department of Justice 

has determined that this rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review. 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 13132 

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, the Department of Justice 

has determined that this rule does not 

have sufficient federalism implications 

to warrant a federalism summary impact 

statement. 

Executive Order 12988 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

List of Subjects in Part 1274a 

Administrative practice and 

procedure, Immigration. 

PART 1247a—[AMENDED] 

■ Accordingly, the interim rule 

amending 8 CFR part 1274a that was 

published at 74 FR 2337 on January 15, 

2009, is adopted as a final rule without 

change. 

Dated: March 18, 2011. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2011–6961 Filed 3–23–11; 8:45 am] 

BILLING CODE 4410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0452; Directorate 

Identifier 98–ANE–80–AD; Amendment 39– 

16639; AD 2011–07–02] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney JT8D–209, –217, –217A, 

–217C, and –219 Series Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. That AD 

currently requires initial and repetitive 

torque inspections of the 3rd stage and 

4th stage low-pressure turbine (LPT) 

blades for shroud notch wear and 

replacement of the blade if wear limits 

are exceeded. That AD also requires 

replacing LPT-to-exhaust case bolts and 

nuts with bolts and nuts made of 

Tinidur material. This new AD requires 

the same torque inspection, blade, and 

Tinidur nut replacement actions, but 

requires replacement of the LPT-toexhaust case bolts with longer bolts 

made of Tinidur material. This AD also 

requires installation of crushable sleeve 

spacers on the bolts. This AD was 

prompted by nine reports of failure of 

Tinidur material LPT-to-exhaust case 

bolts, as a result of blade failure, since 

AD 2005–02–03 became effective. We 

are issuing this AD to prevent turbine 

blade failures that could result in 

uncontained engine debris and damage 

to the airplane. 

DATES: This AD is effective April 28, 

2011. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in the AD as of April 28, 2011. 

ADDRESSES: For service information 

identified in this AD, contact Pratt & 

Whitney, 400 Main St., East Hartford, 

CT 06108; phone: (860) 565–8770, fax: 

(860) 565–4503. You may review copies 

of the referenced service information at 

the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, 

call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Ian 

Dargin, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park; Burlington, MA 01803; 

phone: 781–238–7178; fax: 781–238– 

7199; e-mail: ian.dargin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2005–02–03, 

Amendment 39–13948 (70 FR 3867, 

January 27, 2005). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

July 1, 2010 (75 FR 38052). That NPRM 

proposed the same torque inspection, 

blade, and LPT-to-exhaust case retaining 

nut replacement actions as the 

superseded AD, but would also require 

replacement of the LPT-to-exhaust case 

bolts with longer bolts made of Tinidur 

material. That NPRM also proposed to 

require installation of crushable sleeve 

spacers on the LPT-to-exhaust case 

bolts. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Request to Include Other FAAApproved Methods 

One commenter, American Airlines, 

requested that paragraph (s) of the 

proposed AD be revised to include other 

FAA-approved methods not published 

in the OEM’s engine manual. 

We agree and changed paragraph (t) to 

state: ‘‘For the purpose of this AD, 

‘‘refurbished’’ is defined as restoration of 

the shrouds and/or blade re-twist per 

the JT8D–200 Engine Manual, Part No. 

773128, or per an operator’s approved 

manual system.’’ 


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