51236 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 

CFR 0.104, the Deputy Administrator 

hereby amends 21 CFR part 1308 as 

follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for 21 CFR 

part 1308 continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b) 

unless otherwise noted. 

■ 2. Section 1308.14 is amended in 

paragraph (c), by redesignating 

paragraphs (c)(23) through (c)(51) as 

paragraphs (c)(24) through (c)(52) and 

adding a new paragraph (c)(23) as 

follows: 

§ 1308.14 Schedule IV. 

* * * * * 

(c) * * * 

(23) Fospropofol ................................ 2138 

* * * * * 

Dated: September 28, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–23971 Filed 10–5–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice: 6779] 

Visas: Documentation of 

Nonimmigrants Under the Immigration 

and Nationality Act, as Amended; 

Requirements for Aliens in Religious 

Occupations 

AGENCY: State Department. 

ACTION: Final rule. 

SUMMARY: To comply with the 

Department of Homeland Security 

regulation requiring sponsoring 

employers to file petitions for all aliens 

for whom R–1 nonimmigrant status is 

sought. This rule establishes the 

requirement that consular officers 

ensure that R–1 visa applicants have 

obtained an approved U.S. Citizenship 

and Immigration Services Form I–129 

petition from the Department of 

Homeland Security before issuance of a 

visa. 

DATES: This rule is effective October 6, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Lauren A. Prosnik, Legislation and 

Regulations Division, Visa Services, 

Department of State, 2401 E Street, NW., 

Room L–603D, Washington, DC 20520– 

0106, (202) 663–2951. 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

On November 26, 2008, the 

Department of Homeland Security 

(DHS) promulgated regulations 

requiring sponsoring employers to file 

petitions for all aliens for whom R–1 

nonimmigrant status is sought. 73 FR 

72276. As a result, the requirements for 

an R–1 nonimmigrant visa now include 

establishing that the applicant is the 

beneficiary of an approved petition. U.S. 

Citizenship and Immigration Services 

(USCIS) has implemented the petition 

requirement for nonimmigrant religious 

workers as a way to determine the bona 

fides of a petitioning religious 

organization located in the United 

States and to determine that a religious 

worker will be admitted to the United 

States to work for a specific religious 

organization at the request of that 

religious organization. This rule amends 

the Department regulations to ensure 

consistency with the regulations set 

forth by DHS. 

Regulatory Findings 

Administrative Procedure Act 

This regulation involves a foreign 

affairs function of the United States and, 

therefore, in accordance with 5 U.S.C. 

553(a)(1), is not subject to the rule 

making procedures set forth at 5 U.S.C. 

553. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. This regulates 

individual aliens who seek 

consideration for R–1 nonimmigrant 

visas and does not affect any small 

entities, as defined in 5 U.S.C. 601(6). 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4, 109 Stat. 48, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure, nor will 

it significantly or uniquely affect small 

governments. 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. 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 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and import markets. 

Executive Order 12866 

The Department of State has reviewed 

this proposed rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

Executive Order 12866 and has 

determined that the benefits of this final 

regulation justify its costs. The 

Department does not consider this final 

rule to be an economically significant 

action within the scope of section 3(f)(1) 

of the Executive Order since it is not 

likely to have an annual effect on the 

economy of $100 million or more or to 

adversely affect in a material way the 

economy, a sector of the economy, 

competition, jobs, the environment, 

public health or safety, or State, local or 

tribal governments or communities. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 


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Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 51237 

List of Subjects in 22 CFR Part 41 

Aliens, Foreign officials, Immigration, 

Nonimmigrants, Passports and Visas. 

■ For the reasons stated in the preamble, 

the Department of State amends 22 CFR 

Part 41 as follows: 

PART 41—[AMENDED] 

■ 1. The authority citation for part 41 

continues to read as follows: 

Authority: 8 U.S.C. 1104; Public Law 105– 

277, 112 Stat. 2681–795 through 2681–801; 8 

U.S.C.1185 note (section 7209 of Pub. L. 108– 

458, as amended by section 546 of Pub. L. 

109–295). 

■ 2. Revise § 41.58 to read as follows: 

§ 41.58 Aliens in religious occupations. 

(a) Requirements for ‘‘R’’ 

classification. An alien shall be 

classifiable under the provisions of INA 

101(a)(15)(R) if: 

(1) The consular officer is satisfied 

that the alien qualifies under the 

provisions of that section; and 

(2) With respect to the principal alien, 

the consular officer has received official 

evidence of the approval by USCIS of a 

petition to accord such classification or 

the extension by USCIS of the period of 

authorized stay in such classification; or 

(3) The alien is the spouse or child of 

an alien so classified and is 

accompanying or following to join the 

principal alien. 

(b) Petition approval. The approval of 

a petition by USCIS does not establish 

that the alien is eligible to receive a 

nonimmigrant visa. 

(c) Validity of visa. The period of 

validity of a visa issued on the basis of 

paragraph (a) to this section must not 

precede or exceed the period indicated 

in the petition, notification, or 

confirmation required in paragraph 

(a)(2) of this section. 

(d) Aliens not entitled to classification 

under INA 101(a)(15)(R). The consular 

officer must suspend action on the 

alien’s application and submit a report 

to the approving USCIS office if the 

consular officer knows or has reason to 

believe that an alien applying for a visa 

under INA 101(a)(15)(R) is not entitled 

to the classification as approved. 

Dated: September 24, 2009. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E9–24089 Filed 10–5–09; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[TD 9457] 

RIN 1545–BG71 

Employer Comparable Contributions to 

Health Savings Accounts Under 

Section 4980G, and Requirement of 

Return for Filing of the Excise Tax 

Under Section 4980B, 4980D, 4980E or 

4980G; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 

SUMMARY: This document contains 

corrections to final regulations that were 

published in the Federal Register on 

Tuesday, September 8, 2009, providing 

guidance on employer comparable 

contributions to Health Savings 

Accounts under the Internal Revenue 

Code (Code) as amended by the Tax 

Relief and Health Care Act of 2006. The 

final regulations also provide guidance 

relating to the manner and method of 

reporting and paying excise tax. 

FOR FURTHER INFORMATION CONTACT: 

Mireille Khoury, (202) 622–6080 (not a 

toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9457) that 

are the subject of these corrections are 

under section 4980 of the Internal 

Revenue Code. This document contains 

corrections to final regulations (TD 

9457) that were published in the 

Federal Register on Tuesday, September 

8, 2009 (74 FR 45994) providing 

guidance on employer comparable 

contributions to Health Savings 

Accounts under section 4980G of the 

Internal Revenue Code (Code) as 

amended by sections 302, 305, and 306 

of the Tax Relief and Health Care Act of 

2006. The final regulations also provide 

guidance relating to the manner and 

method of reporting and paying excise 

tax under sections 4980B, 4980D, 4980E 

and 4980G of the Code. 

Need for Correction 

As published, the final regulations 

(TD 9457) contain errors that may prove 

to be misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the final regulations (TD 

9457), that are the subject of FR Doc. 

E9–21225, are corrected as follows: 

On page 46000, column 3, in the 

signature block, line 6, the language 

‘‘Assistant Secretary of the Treasury 

(Tax’’ is corrected to read ‘‘Acting 

Assistant Secretary of the Treasury 

(Tax’’. 

LaNita VanDyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, Procedure and Administration. 

[FR Doc. E9–24004 Filed 10–5–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AD79 

Special Regulations; Areas of the 

National Park System 

AGENCY: National Park Service. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The National Park Service 

(NPS) is closing the historic residence of 

President of the United States Truman 

at the Harry S Truman National Historic 

Site to all public use through May 30, 

2010. This action is necessary because 

the house is undergoing major repairs 

and restoration. All furniture and 

artifacts that are key to interpretive 

tours for the public will be removed for 

the project to protect them. The 

restoration and repair activities will also 

create conditions that are a hazard to the 

public health and safety. Closure of the 

home will allow completion of a process 

that will restore to original appearance 

and protect and conserve the historic 

home of President Truman and its 

contents. 

DATES: Effective Date: October 6, 2009. 

Comment Date: November 5, 2009. 

ADDRESSES: You may submit comments, 

identified by the number 1024–AD79, 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

—Mail: National Park Service, Larry 

Villalva, Superintendent, Harry S 

Truman National Historic Site, 223 

North Main Street, Independence, MO 

64050. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Superintendent Larry Villalva, at Harry 


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