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.

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

2785 

Vol. 75, No. 11 

Tuesday, January 19, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 328 and 329 

[CIS No. 2479–09; DHS Docket No. DHS– 

2009–0025] 

RIN 1615–AB85 

Naturalization for Certain Persons in 

the U.S. Armed Forces 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Department of Homeland Security 

(DHS) regulations by implementing a 

statutory amendment reducing from 

three years to one year the length of 

time a member of the United States 

Armed Forces has to serve to qualify for 

naturalization through service in the 

Armed Forces. In addition, this rule 

amends DHS regulations by 

implementing a statutory amendment to 

include as eligible for naturalization 

individuals who served or are serving as 

members of the Selected Reserve of the 

Ready Reserve of the U.S. Armed Forces 

during specified periods of hostility. 

This rule also amends the regulations to 

remove the requirement to submit Form 

G–325B, Biographic Information, with 

Form N–400, Application for 

Naturalization, for applicants applying 

for naturalization through service in the 

U.S. Armed Forces. By eliminating the 

Form G–325B requirement, the rule will 

reduce the response burden and amount 

of time it takes U.S. Armed Forces 

members to complete the paperwork 

required with a naturalization 

application. 

DATES: This rule is effective February 

18, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kristie Krebs, Office of Field 

Operations, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 111 Massachusetts 

Avenue, NW., 2nd Floor, Washington, 

DC 20529–2030; telephone number 202– 

272–1001. This is not a toll-free number. 

Persons with hearing or speech 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Prior to November 24, 2003, aliens 

who served in the U.S. Armed Forces 

during peacetime were eligible for 

naturalization after serving honorably 

for an aggregate period of three years. 

See Immigration & Nationality Act (INA) 

sec. 328(a), 8 U.S.C. 1439(a) (2002) 

(amended (2003)); 8 CFR 328.2(a). 

Additionally, aliens who served in the 

U.S. Armed Forces during specific 

periods of hostilities were eligible for 

naturalization without having served for 

any particular length of time so long as 

the service was in active-duty status. 

See INA sec. 329(a), 8 U.S.C. 1440(a) 

(2002) (amended (2003)); 8 CFR 

329.2(a). 

On November 24, 2003, Congress 

amended these requirements in title 

XVII of the National Defense 

Authorization Act for Fiscal Year 2004 

(NDAA), (Pub. L. 108–136, 117 Stat. 

1392 (2003)), and made them effective 

as if enacted on September 11, 2001. 

The NDAA reduced from three years to 

one year the period of military service 

required to qualify for naturalization 

through service in the U.S. Armed 

Forces during peacetime. See INA sec. 

328(a); 8 U.S.C. 1439(a) (2003); see also 

NDAA sec. 1701(c)(2). In addition, the 

NDAA extended the benefit of 

naturalization not only to individuals 

who served honorably in an active duty 

status during specified periods of 

hostilities, but also to individuals who 

have served honorably as members of 

the Selected Reserve of the Ready 

Reserve of the U.S. Armed Forces 

during such periods of hostilities. See 

INA sec. 329(a); 8 U.S.C. 1440(a) (2003); 

see also NDAA sec. 1702. 

U.S. Citizenship and Immigration 

Services (USCIS) has been applying 

these statutory amendments since the 

law was enacted on November 24, 2003. 

This final rule updates the regulations 

to reflect these amendments. In 

addition, this rule removes an 

unnecessary paperwork requirement in 

the naturalization application process 

for applicants with qualifying service in 

the U.S. Armed Forces. 

II. Discussion 

A. One Year or More of Military Service 

Current regulations at 8 CFR 328.2(b) 

continue to list three or more years of 

service in the U.S. Armed Forces as an 

eligibility requirement for naturalization 

based on service in the U.S. Armed 

Forces. This final rule reduces the 

required number of years of service to 

one or more years in order to conform 

the regulations to the applicable 

statutory provision at section 328(a) of 

the INA, 8 U.S.C. 1439(a), as amended 

by the NDAA. See revised 8 CFR 

328.2(b). 

B. Service in the Selected Reserve of the 

Ready Reserve During Periods of 

Hostilities 

USCIS regulations, 8 CFR 329.2(a), 

currently limit eligibility for 

naturalization based on service during 

specified periods of hostilities to those 

who served honorably in an active duty 

status in the U.S. Armed Forces. In 

conformance with the expansion of 

eligibility made by the NDAA (see 

section 329(a) of the INA, 8 U.S.C. 

1440(a)), this final rule extends 

eligibility for naturalization to include 

those individuals who have served 

honorably in the U.S. Armed Forces 

either in an active duty status or as a 

member of the Selected Reserve of the 

Ready Reserve. See revised 8 CFR 

329.2(a). In addition, this rule amends 

the title of 8 CFR part 329 to include 

service in the Selected Reserve of the 

Ready Reserve. Currently, the title only 

lists active duty service as a basis for 

naturalization where service occurred 

during specified periods of hostilities. 

C. Elimination of Requirement to 

Submit Form G–325B 

Applicants applying for naturalization 

based on service in the U.S. Armed 

Forces have been required to submit 

Form G–325B, Biographic Information, 

along with Form N–400, Application for 

Naturalization. See 8 CFR 328.4, 

329.4(a). Prior to 2001, USCIS sent 

applicants’ completed Forms G–325B to 

the Department of Defense (DoD) for 

background checks. As part of 

improvements to this process, DoD 

authorized the USCIS in 2001 to 

conduct these background checks. 

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2786 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations 

Subsequently, USCIS determined that 

the information collected on Form N– 

400 (e.g., name, date of birth, Social 

Security number) was sufficient to 

perform the background checks. 

Therefore, USCIS discontinued sending 

Forms G–325B to DoD. Moreover, 

USCIS notes that it does not use the G– 

325B in its adjudication of Forms N– 

400, or for any other purpose. 

Notwithstanding the discontinued use 

of Form G–325B, USCIS regulations 

continue to require applicants to submit 

the form with their naturalization 

applications. See 8 CFR 328.4 and 

329.4(a). However, continuing to require 

Form G–325B would needlessly 

increase applicant response and USCIS 

processing times, as USCIS must issue 

a Request for Evidence and place the 

case on hold if the Form G–325B is not 

submitted with the Form N–400. 

Because the submission of a Form G– 

325B no longer serves a purpose in the 

adjudication process, this rule removes 

the Form G–325B submission 

requirement for applicants applying for 

naturalization under section 328 or 329 

of the INA. See revised 8 CFR 328.4 and 

329.4(a). 

III. Regulatory Requirements 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(APA) provides that an agency may 

dispense with notice and comment 

rulemaking procedures when an agency 

is promulgating an interpretative rule, a 

general statement of policy, or a rule of 

agency organization, procedure, or 

practice. See 5 U.S.C. 553(b)(A). The 

elimination of the requirement to 

submit Form G–325B is procedural in 

nature and does not alter the substantive 

rights of affected naturalization 

applicants. Accordingly, DHS finds that 

this part of the rule is exempt from the 

notice and comment requirements 

under the APA at 5 U.S.C. 553(b)(A). 

The APA provides that an agency may 

dispense with notice and comment 

rulemaking procedures when an agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ See 5 U.S.C. 553(b)(B). This 

rule amends DHS regulations to 

conform with the changes made by the 

NDAA, reducing from three years to one 

year the amount of time a member of the 

U.S. Armed Forces has to serve to 

qualify for naturalization and extending 

the benefit of expedited naturalization 

to members of the Selected Reserve of 

the Ready Reserve. INA sec. 328(a), 

329(a); 8 U.S.C. 1439(a), 1440(a). These 

requirements were mandated by statute 

and DHS has applied these 

requirements since the law was enacted 

in 2003 (effective, with some 

exceptions, as if enacted on September 

11, 2001). DHS views the act of 

promulgating this part of the rule as 

both ministerial and non-controversial. 

Accordingly, DHS finds that notice and 

comment is unnecessary and that this 

part of the rule is except from the notice 

and comment requirements under the 

APA at 5 U.S.C. 553(b)(B). 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121), requires Federal agencies 

to consider the potential impact of 

regulations on small businesses, small 

governmental jurisdictions, and small 

organizations during the development of 

their rules. When an agency invokes the 

good cause exception under the 

Administrative Procedure Act to make 

changes effective through an interim 

final or final rule, the RFA does not 

require an agency to prepare a 

regulatory flexibility analysis. DHS has 

determined in this final rule that good 

cause exists under 5 U.S.C. 553(b) to 

exempt this rule from the notice and 

comment. Therefore, a regulatory 

flexibility analysis is not required for 

this rule. However, DHS does expect 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities because it 

affects only individuals. 

C. Executive Order 12866 

This rule is not a significant 

regulatory action as defined under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review. Thus 

it has not been reviewed by the Office 

of Management and Budget (OMB). 

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 

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 the United States-based 

companies to compete with foreignbased companies 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 of 1995 

(PRA) 

Under the Paperwork Reduction Act 

of 1995, Public Law 104–13, 109 Stat. 

163 (1995), all Departments are required 

to submit to OMB, for review and 

approval, any reporting or 

recordkeeping requirements inherent in 

a rule. This rulemaking does not 

propose to impose any new reporting or 

recordkeeping requirements under the 

PRA. 

OMB previously approved the use of 

forms G–325, G–325A, G–325B, and G– 

325C under the same OMB Control No. 

1615–0008. Removing the requirement 

to submit Form G–325B will reduce the 

number of respondents and annual 

burden hours associated with OMB 

Control No. 1615–0008. Accordingly, 

USCIS will submit the Form OMB 83– 

C, Correction Worksheet, to OMB to 

reduce the annual number of 

respondents and annual burden hours. 

List of Subjects 

8 CFR Part 328 

Citizenship and naturalization, 

Military personnel, Armed Forces 

personnel, Application requirements, 

Residency requirements. 

8 CFR Part 329 

Citizenship and naturalization, 

Military personnel, Armed Forces 

personnel, Application requirements. 

■ Accordingly, chapter I of Title 8 of the 

Code of Federal Regulations is amended 

as follows: 

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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations 2787 

PART 328—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WITH 1 

YEAR OF SERVICE IN THE UNITED 

STATES ARMED FORCES 

■ 1. The heading for part 328 is revised 

as set forth above. 

■ 2. The authority citation for part 328 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1439, 1443. 

■ 3. Section 328.2 is amended by 

revising paragraph (b) to read as follows: 

§ 328.2 Eligibility. 

* * * * * 

(b) Has served under paragraph (a) of 

this section for a period of 1 or more 

years, whether that service is 

continuous or discontinuous; 

* * * * * 

■ 4. Section 328.4 is amended by 

revising the last sentence to read as 

follows: 

§ 328.4 Application. 

* * * The application must be 

accompanied by Form N–426, Request 

for Certification of Military or Naval 

Service. 

PART 329—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WITH 

ACTIVE DUTY OR CERTAIN READY 

RESERVE SERVICE IN THE UNITED 

STATES ARMED FORCES DURING 

SPECIFIED PERIODS OF HOSTILITIES 

■ 5. The heading for part 329 is revised 

as set forth above. 

■ 6. The authority citation for part 329 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1440, 1443; 8 

CFR part 2. 

■ 7. Section 329.2 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 329.2. Eligibility. 

* * * * * 

(a) Has served honorably in the 

Armed Forces of the United States as a 

member of the Selected Reserve of the 

Ready Reserve or in an active duty 

status in the Armed Forces of the United 

States during: 

* * * * * 

■ 8. Section 329.4 is amended by 

revising the last sentence of paragraph 

(a) to read as follows: 

§ 329.4. Application and evidence. 

(a) Application. * * * The 

application must be accompanied by 

Form N–426, Request for Certification of 

Military or Naval Service. 

* * * * * 

Janet Napolitano, 

Secretary. 

[FR Doc. 2010–578 Filed 1–15–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0009; Directorate 

Identifier 2010–NE–01–AD; Amendment 39– 

16178; AD 2010–02–08] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Turmo IV A and IV C Turboshaft 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During a maintenance inspection before 

the first flight of the day, an oil leak was 

found on an engine deck. A circumferential 

crack on the intermediate bearing return 

flexible pipe union (pipe part number 9 560 

17 606 0) was identified as the origin of the 

leak. A similar oil pipe union crack was then 

reported at the same location on another 

engine, on the same pipe part number. This 

pipe part number was approved as 

Modification TU 233 in 2008. 

Although such cracks have been detected 

and did not lead to an in-service event, the 

possibility exists that some additional cracks 

could occur and may not be detected before 

the potential complete rupture of the union. 

We are issuing this AD to prevent a 

helicopter engine in-flight shutdown 

resulting in an emergency auto-rotation 

landing or accident. 

DATES: This AD becomes effective 

February 3, 2010. 

We must receive comments on this 

AD by February 18, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Turbomeca S.A., 40220 Tarnos, 

France; e-mail: noriadallas@turbomeca.com; telephone 33 05 

59 74 40 00, fax 33 05 59 74 45 15, or 

go to: http://www.turbomecasupport.com, for a copy of the service 

information identified in this AD. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Dickert, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: kevin.dickert@faa.gov; telephone 

(781) 238–7117; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0261–E, 

dated December 18, 2009 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During a maintenance inspection before 

the first flight of the day, an oil leak was 

found on an engine deck. A circumferential 

crack on the intermediate bearing return 

flexible pipe union (pipe part number 9 560 

17 606 0) was identified as the origin of the 

leak. A similar oil pipe union crack was then 

reported at the same location on another 

engine, on the same pipe part number. This 

pipe part number was approved as 

Modification TU 233 in 2008. 

Although such cracks have been detected 

and did not lead to an in-service event, the 

possibility exists that some additional cracks 

could occur and may not be detected before 

the potential complete rupture of the union. 

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