Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Rules and Regulations 28305 

1 It is not always clear to what extent DOS 

processes each alien relative petition from 

examining the volume data. In some cases, DOS is 

able to fully adjudicate and process the petition, 

while more complex adjudicative cases are 

forwarded to USCIS for processing and decision. 

Thus, DHS is hesitant to draw statistical 

comparisons between DOS and DHS processing 

data, especially in cases where there is a USCIS 

international office. 

USCIS has no overseas office and 6,576 

in countries where USCIS is located.1 In 

FY 2010, DOS began charging USCIS for 

services rendered in accepting or 

processing relative petitions. As a feefunded agency, USCIS is statutorily 

authorized to collect fees at a level that 

will ensure recovery of the full costs of 

providing adjudication and 

naturalization services, including 

administrative costs and services 

provided without charge to certain 

applicants and petitioners. See INA 

section 286(m), 8 U.S.C. 1356(m). The 

current fee of $420 for a relative petition 

does not cover the DOS charges. 

Therefore, DHS will adjust its internal 

processes to avoid the DOS charge, 

thereby maintaining the integrity of the 

current fee schedule for relative 

petitions. 

Instructions for filing relative 

petitions will be amended concurrently 

with this final rule. Instructions for 

filing relative petitions will provide the 

option of either mailing the petition to 

the USCIS Chicago Lockbox, or filing at 

the USCIS international office if the 

petitioner resides in a country where 

USCIS has an office. Depending upon 

the unique circumstances of the United 

States citizen or lawful permanent 

resident petitioner, this rule could result 

in a cost savings or additional burden to 

the petitioner. Travel costs and mailing 

costs vary widely among individual 

petitioners. Thus, DHS cannot precisely 

estimate the costs or savings impacts of 

the rule. For example, when a petitioner 

resides in a country with no USCIS 

presence, the rule could provide a cost 

savings if mailing the petition is less 

expensive than the cost of traveling to 

the nearest DOS office, or vice versa. 

DHS believes that the benefits of 

streamlining USCIS operations in 

processing alien relative petitions to 

avoid DOS charges justifies the potential 

cost impact on petitioners residing in 

international locations. 

F. 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, DHS has 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 

Under the Paperwork Reduction Act 

of 1995 (PRA), DHS submits to OMB for 

review and approval any reporting or 

recordkeeping requirements inherent in 

a regulatory action. 44 U.S.C. 3506. The 

information collection burden for the 

Petition for Alien Relative has been 

approved by OMB and assigned OMB 

control number 1615–0012. This rule 

does not impose any new reporting or 

recordkeeping requirements under the 

PRA. However, USCIS is making minor 

changes to the Petition for Alien 

Relative (Form I–130) instructions to 

instruct petitioners about where to file. 

Accordingly, USCIS will submit a 

Correction Worksheet, Form OMB 83–C, 

and amended instructions to OMB for 

review and approval in accordance with 

the PRA. 

List of Subjects in 8 CFR Part 204 

Administrative practice and 

procedures, Immigration, Reporting and 

recordkeeping requirements. 

Accordingly, DHS is amending part 

204 of chapter I of title 8 of the Code 

of Federal Regulations as follows: 

PART 204—IMMIGRANT PETITIONS 

■ 1. The authority citation for part 204 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1151, 

1153, 1154, 1182, 1184, 1186a, 1255; 1641; 8 

CFR part 2. 

Subpart A—Immigrant Visa Petitions 

■ 2. Section 204.1 is amended by 

revising paragraph (b) and removing and 

reserving paragraphs (c), (d), and (e). 

The revision reads as follows: 

§ 204.1 General information about 

immediate relative and family-sponsored 

petitions. 

* * * * * 

(b) Proper filing. A petition for alien 

relative and a petition for Amerasian, 

widow(er), or special immigrant must be 

filed on the form prescribed by USCIS 

in accordance with the form 

instructions, and will be considered 

properly filed when the petition is filed 

in accordance with 8 CFR 103.2. The 

filing date of a petition is the date it is 

properly filed and received by USCIS. 

That date will constitute the priority 

date. 

* * * * * 

Janet Napolitano, 

Secretary. 

[FR Doc. 2011–11997 Filed 5–16–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1264; Airspace 

Docket No. 10–AWP–23] 

Amendment of Class D and Class E 

Airspace; Livermore, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends existing 

Class E airspace at Livermore, CA, to 

accommodate aircraft using new 

Instrument Landing System (ILS) 

Localizer (LOC) standard instrument 

approach procedures at Livermore 

Municipal Airport, and also corrects the 

airspace designation. This action also 

corrects a typographical error in the 

airspace description for Class D 

airspace. This improves the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Effective date, 0901 UTC, August 

25, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On February 14, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

controlled airspace at Livermore, CA (76 

FR 8322). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class D and Class E airspace 

designations are published in paragraph 

5000 and 6005, respectively, of FAA 

Order 7400.9U dated August 18, 2010, 


jdjones on DSK8KYBLC1PROD with RULES
28306 Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Rules and Regulations 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying Class E extending upward 

from 700 feet above the surface, at 

Livermore Municipal Airport, 

Livermore, CA, to accommodate IFR 

aircraft executing new ILS LOC standard 

instrument approach procedures at the 

airport, and adds the airport name and 

geographic coordinates to the airspace 

designation. Also, this action corrects a 

typographic error in the regulatory text 

of the Class D airspace area by 

correcting the word ‘iport’ to ‘Airport’. 

This action is necessary for the safety 

and management of IFR operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this rule, when promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

additional controlled airspace at 

Livermore Municipal Airport, 

Livermore, CA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AWP CA D Livermore, CA [Amended] 

Livermore Municipal Airport, CA 

(Lat. 37°41′36′′ N., long. 121°49′13′′ W.) 

That airspace extending upward from the 

surface to and including 2,900 feet MSL 

within a 4-mile radius of Livermore 

Municipal Airport. This Class D airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 Livermore, CA [Amended] 

Livermore Municipal Airport, CA 

(Lat. 37°41′36′′ N., long. 121°49′13′′ W.) 

That airspace extending upward from 700 

feet above the surface within 8.1 miles north 

and 4 miles south of the Livermore 

Municipal Airport 091° bearing extending 23 

miles east of Livermore Municipal Airport, 

and within 3.5 miles north and 4 miles south 

of the Livermore Municipal Airport 271° 

bearing extending 2.6 miles west of the 

airport. 

Issued in Seattle, Washington, on May 5, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–11695 Filed 5–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0023; Airspace 

Docket No. 11–ANM–2] 

Amendment of Class D and Class E 

Airspace; Idaho Falls, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends existing 

Class D and Class E airspace at Idaho 

Falls, ID, by changing the name of the 

airport to Idaho Falls Regional Airport, 

and adjusting the geographic 

coordinates of the airport. This action 

also adds additional Class E airspace 

necessary to accommodate aircraft using 

new Area Navigation (RNAV) Required 

Navigation Performance (RNP) standard 

instrument approach procedures at 

Idaho Falls Regional Airport. This 

improves the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective date, 0901 UTC, August 

25, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On February 17, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

controlled airspace at Idaho Falls, ID (76 

FR 9266). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class D and Class E airspace 

designations are published in paragraph 

5000, 6002, 6004 and 6005, respectively, 

of FAA Order 7400.9U dated August 18, 

2010, and effective September 15, 2010, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and Class E 

airspace designations listed in this 

document will be published 

subsequently in that Order. With the 

exception of editorial changes, this rule 

is the same as that proposed in the 

NPRM. 


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