Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 24669 

DEPARTMENT OF JUSTICE 

Executive Office for Immigration 

Review 

8 CFR Parts 1003 and 1292 

[EOIR Docket No. 174; A.G. Order No. 3384– 

2013] 

RIN 1125–AA66 

Reorganization of Regulations on the 

Adjudication of Department of 

Homeland Security Practitioner 

Disciplinary Cases 

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 13, 2012. The 

interim rule amended regulations of the 

Executive Office for Immigration 

Review (EOIR) at the Department of 

Justice (Department) by removing 

unnecessary provisions in its 

regulations that are the responsibility of 

the Department of Homeland Security 

(DHS). This rule also transferred certain 

provisions to another CFR part. Finally, 

the interim rule made revisions to 

reference applicable DHS regulations 

and to make technical and clarifying 

amendments to regulations in that part. 

DATES: This rule is effective June 25, 

2013. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Rosenblum, General Counsel, Office of 

the 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 13, 2012, the Department 

published an interim rule with request 

for comments amending 8 CFR parts 

1003 and 1292. Reorganization of 

Regulations on the Adjudication of 

Department of Homeland Security 

Practitioner Disciplinary Cases, 77 FR 

2011 (Jan. 13, 2012). The Homeland 

Security Act of 2002, as amended, 

transferred the functions of the former 

Immigration and Naturalization Service 

(INS) to DHS; however, it retained the 

functions of EOIR within the 

Department, under the direction of the 

Attorney General. 6 U.S.C. 521; 8 U.S.C. 

1103(g); see generally Matter of D–J-, 23 

I&N Dec. 572 (A.G. 2003). 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, 

including the establishment of a new 

chapter V in 8 CFR pertaining to EOIR. 

See 67 FR 9824 (Feb. 28, 2003). 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. One such 

instance involved DHS’s practitioner 

disciplinary regulations at 8 CFR 292.3, 

which the Department duplicated in 8 

CFR 1292.3 because EOIR adjudicates 

DHS practitioner disciplinary cases. As 

explained in the interim rule, the 

Department has determined that most of 

the duplicate provisions in § 1292.3 

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 regulations in § 1292.3, and 

revised § 1292.3 and 8 CFR part 1003 to 

reference applicable DHS regulations. 

The interim rule also transferred to 8 

CFR part 1003 the provisions in § 1292.3 

related to the adjudication of DHS’s 

practitioner disciplinary cases. The 

interim rule also made technical 

changes to EOIR’s practitioner 

disciplinary regulations and clarified a 

previous amendment to those 

regulations. See 73 FR 76914 (Dec. 18, 

2008). 

The Department provided an 

opportunity for post-promulgation 

comment even though this is a rule of 

internal organization for which a period 

of public comment is not required by 

statute. See 5 U.S.C. 553(b), (c). The 

comment period ended February 13, 

2012. The Department did not receive 

any comments. Accordingly, the interim 

rule amending 8 CFR parts 1003 and 

1292 that was published on January 13, 

2012, is being adopted as a final rule 

without change. 

Regulatory Requirements 

Administrative Procedure Act 

The Department provided an 

opportunity for post-promulgation 

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

even though the nature of this rule 

makes it unnecessary to comply with 

the requirements in 5 U.S.C. 553 with 

regard to notice of proposed rulemaking 

and delayed effective date. See 5 U.S.C. 

553(b), (d). The rule only makes 

technical amendments to the 

organization, procedures, and practices 

of the Department to improve the 

organization of the Department’s 

regulations, reflects the transfer of 

functions pursuant to the Homeland 

Security Act of 2002, and recodifies 

existing regulations. 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is 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. See 5 U.S.C. 

601(2). 

Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. 3501–3521, 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 (SBREFA) 

This rule is not a major rule as 

defined by section 251 of SBREFA, 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 

companies to compete with foreignbased enterprises 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 of SBREFA). 

Therefore, the reporting requirement of 

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

Executive Orders 12866 and 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, section 1(b), Principles of 

Regulation, and Executive Order 13563. 

The Department has determined that 

this rule is not a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review, and accordingly this rule has 

not been reviewed by the Office of 

Management and Budget (OMB). 


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24670 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 

1To view the notice of availability, the 

assessments, and the comment we received, go to 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0094. 

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 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 

8 CFR Part 1003 

Administrative practice and 

procedures, Immigration, Legal 

Services, Organization and functions 

(Government agencies), Reporting and 

recordkeeping requirements. 

8 CFR Part 1292 

Administrative practice and 

procedures, Immigration, Lawyers, 

Reporting and recordkeeping 

requirements. 

PART 1003—EXECUTIVE OFFICE FOR 

IMMIGRATION REVIEW 

PART 1292—REPRESENTATION AND 

APPEARANCES 

■ Accordingly, the interim rule 

amending 8 CFR parts 1003 and 1292 

that was published at 77 FR 2011 on 

January 13, 2012, is adopted as a final 

rule without change. 

Dated: April 19, 2013. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2013–09858 Filed 4–25–13; 8:45 am] 

BILLING CODE 4410–30–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2012–0094] 

Notice of a Determination Regarding 

the Swine Vesicular Disease Status of 

Certain Regions in Italy 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Determination. 

SUMMARY: We are advising the public 

that we have determined that the Italian 

Regions of Lombardia, Emilia-Romagna, 

Veneto, and Piemonte and the 

autonomous provinces of Trento and 

Bolzano are free of swine vesicular 

disease. Based on an assessment of the 

animal health status of these areas, 

which we made available to the public 

for review and comment through a 

previous notice of availability, the 

Administrator has determined that the 

importation of pork or pork products 

from these areas presents a low risk of 

introducing swine vesicular disease into 

the United States. This determination is 

based on our review of the 

documentation submitted by the 

Government of Italy in support of its 

request and the findings of our own 

animal health risk evaluation. 

DATES: Effective Date: May 28, 2013. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Chip Wells, Senior Staff Veterinarian, 

Regionalization Evaluation Services, 

Sanitary Trade Issues Team, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road Unit 38, 

Riverdale, MD 20737–1231; (301) 851– 

3089. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 9 CFR part 94 

(referred to below as the regulations) 

govern the importation of certain 

animals and animal products into the 

United States in order to prevent the 

introduction of various communicable 

diseases, including swine vesicular 

disease (SVD). SVD is a dangerous and 

destructive communicable disease of 

swine. 

Sections 94.12 and 94.14 of the 

regulations contain requirements 

governing the importation of pork and 

pork products and swine, respectively, 

from regions where SVD exists in order 

to prevent the introduction of the 

disease into the United States. We 

consider SVD to exist in all regions 

except those listed in accordance with 

§ 94.12(a)(2) as being free of SVD. 

Section 94.13 of the regulations 

contains requirements governing the 

importation of pork or pork products 

from regions that have been determined 

to be free of SVD, but that are subject 

to certain restrictions because of their 

proximity to or trading relationships 

with SVD-affected regions. Such regions 

are listed in accordance with paragraph 

(a)(2) of that section. 

The regulations in 9 CFR 92.2, contain 

requirements for requesting the 

recognition of the animal health status 

of a region or for the approval of the 

export of a particular type of animal or 

animal product to the United States 

from a foreign region. If, after review 

and evaluation of the information 

submitted in support of the request, the 

Animal and Plant Health Inspection 

Service (APHIS) believes the request can 

be safely granted, APHIS will make its 

evaluation available for public comment 

through a notice published in the 

Federal Register. 

Following the close of the comment 

period, APHIS will review all comments 

received and will make a final 

determination regarding the request that 

will be detailed in another notice 

published in the Federal Register. 

In accordance with that process, on 

December 18, 2012, we published in the 

Federal Register (77 FR 74787–74788, 

Docket No. APHIS–2012–0094) a notice 

of availability 1 in which we announced 

the availability for review and comment 

of our evaluation of the SVD status of 

the Italian Regions of Lombardia, 

Emilia-Romagna, Veneto, and Piemonte 

and the autonomous provinces of Trento 

and Bolzano. Based on this evaluation, 

we determined that that the 

surveillance, prevention, and control 

measures implemented by Italy in the 

four Regions and two autonomous 

provinces under consideration as being 

free of SVD are sufficient to minimize 

the likelihood of introducing SVD into 

the United States via imports of SVDsusceptible species or products. 

However, because of the Regions’ and 

autonomous provinces’ proximity to or 

trading relationships with SVD-affected 

regions, we found that it is necessary to 

impose additional restrictions in 

accordance with § 94.13 on the 

importation of pork or pork products 

from the areas of Italy under 

consideration for being declared free of 

SVD. 

We solicited comments on the notice 

of availability for 60 days ending on 

February 19, 2013. We received one 

comment on our evaluation, from the 

European Commission’s DirectorateGeneral for Health and Consumers. The 

commenter was supportive of our 

proposed action, but raised several 

additional points relating to the timeline 

for the final determination, the disease 

status of Italy, and our characterization 

of the regulations. The comments are 

discussed below. 

The commenter stated that the last 

outbreak of SVD anywhere in Italy had 

occurred over 9 months ago and, 

consequently, all of Italy has now been 

declared officially free of SVD according 


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