Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 16021 

Administrator, under Executive Order 

12148, as amended, DuWayne Tewes, of 

FEMA is appointed to act as the Federal 

Coordinating Officer for this major 

disaster. 

The following areas of the State of 

Kansas have been designated as 

adversely affected by this major disaster: 

Barton, Brown, Clay, Cloud, Doniphan, 

Edwards, Ellis, Ellsworth, Ford, Geary, Gove, 

Graham, Grant, Gray, Greeley, Hamilton, 

Haskell, Hodgeman, Jewell, Kearny, Lane, 

Lincoln, Logan, Marshall, Meade, Mitchell, 

Morris, Morton, Nemaha, Ness, Osborne, 

Ottawa, Pawnee, Republic, Rice, Riley, 

Rooks, Rush, Russell, Saline, Scott, Sheridan, 

Smith, Stafford, Stanton, Stevens, Sumner, 

Trego, Wabaunsee, Wallace, Washington, 

Wichita, and Wyandotte Counties. 

All areas within the State of Kansas are 

eligible for assistance under the Hazard 

Mitigation Grant Program. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2022–05907 Filed 3–18–22; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Internal Agency Docket No. FEMA–4643– 

DR; Docket ID FEMA–2022–0001] 

Kentucky; Major Disaster and Related 

Determinations 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security (DHS). 

ACTION: Notice. 

SUMMARY: This is a notice of the 

Presidential declaration of a major 

disaster for the Commonwealth of 

Kentucky (FEMA–4643–DR), dated 

February 27, 2022, and related 

determinations. 

DATES: The declaration was issued 

February 27, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Dean Webster, Office of Response and 

Recovery, Federal Emergency 

Management Agency, 500 C Street SW, 

Washington, DC 20472, (202) 646–2833. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that, in a letter dated 

February 27, 2022, the President issued 

a major disaster declaration under the 

authority of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act, 42 U.S.C. 5121 et seq. 

(the ‘‘Stafford Act’’), as follows: 

I have determined that the damage in 

certain areas of the Commonwealth of 

Kentucky resulting from severe storms, 

straight-line winds, tornadoes, flooding, 

landslides, and mudslides during the period 

of December 31, 2021 to January 2, 2022, is 

of sufficient severity and magnitude to 

warrant a major disaster declaration under 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, 42 U.S.C. 5121 et 

seq. (the ‘‘Stafford Act’’). Therefore, I declare 

that such a major disaster exists in the 

Commonwealth of Kentucky. 

In order to provide Federal assistance, you 

are hereby authorized to allocate from funds 

available for these purposes such amounts as 

you find necessary for Federal disaster 

assistance and administrative expenses. 

You are authorized to provide Public 

Assistance in the designated areas and 

Hazard Mitigation throughout the 

Commonwealth. Consistent with the 

requirement that Federal assistance be 

supplemental, any Federal funds provided 

under the Stafford Act for Public Assistance 

and Hazard Mitigation will be limited to 75 

percent of the total eligible costs. 

Further, you are authorized to make 

changes to this declaration for the approved 

assistance to the extent allowable under the 

Stafford Act. 

The Federal Emergency Management 

Agency (FEMA) hereby gives notice that 

pursuant to the authority vested in the 

Administrator, under Executive Order 

12148, as amended, John Brogan, of 

FEMA is appointed to act as the Federal 

Coordinating Officer for this major 

disaster. 

The following areas of the 

Commonwealth of Kentucky have been 

designated as adversely affected by this 

major disaster: 

Boyd, Breathitt, Carter, Christian, Clay, 

Floyd, Green, Johnson, Knott, Lawrence, 

Owsley, Pike, and Taylor Counties. 

All areas within the Commonwealth of 

Kentucky are eligible for assistance under the 

Hazard Mitigation Grant Program. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2022–05915 Filed 3–18–22; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Internal Agency Docket No. FEMA–4481– 

DR; Docket ID FEMA–2022–0001] 

Washington; Amendment No. 6 to 

Notice of a Major Disaster Declaration 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security (DHS). 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of a major disaster declaration for the 

State of Washington (FEMA–4481–DR), 

dated March 22, 2020, and related 

determinations. 

DATES: This change occurred on March 

4, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Dean Webster, Office of Response and 

Recovery, Federal Emergency 

Management Agency, 500 C Street SW, 

Washington, DC 20472, (202) 646–2833. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) hereby gives notice that 

pursuant to the authority vested in the 

Administrator, under Executive Order 

12148, as amended, Willie G. Nunn, of 

FEMA is appointed to act as the Federal 

Coordinating Officer for this disaster. 

This action terminates the 

appointment of Vincent J. Maykovich as 

Federal Coordinating Officer for this 

disaster. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 


khammond on DSKJM1Z7X2PROD with NOTICES
16022 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

1Section 235 of the INA continues to refer to the 

Attorney General, but the Homeland Security Act 

of 2002 (HSA), Public Law 107–296, 116 Stat. 2135, 

transferred immigration enforcement authorities to 

the Secretary of Homeland Security and provided 

that any reference to the Attorney General in a 

provision of the INA describing functions that were 

transferred from the Attorney General or other 

Department of Justice officials to DHS by the HSA 

‘‘shall be deemed to refer to the Secretary’’ of 

Homeland Security. 6 U.S.C. 557 (codifying HSA 

sec. 1517); see also 6 U.S.C. 542 note; 8 U.S.C. 1551 

note. 

2For purposes of this Notice, DHS uses the term 

‘‘noncitizen’’ to mean any person as defined in 

section 101(a)(3) of the INA, 8 U.S.C. 1101(a)(3). 

3 ‘‘Arriving alien’’ is defined in regulations as ‘‘an 

applicant for admission coming or attempting to 

come into the United States at a port-of-entry, or an 

alien seeking transit through the United States at a 

port-of-entry, or an alien interdicted in 

international or United States waters and brought 

into the United States by any means, whether or not 

to a designated port-of-entry, and regardless of the 

means of transport.’’ 8 CFR 1.2, 1001.1(q). 

4See also 82 FR 4902, 4904 (Jan. 17, 2017) 

(eliminating regulatory exceptions in the 2002 and 

2004 notices to expedited removal for Cuban 

nationals encountered in the United States or 

arriving by sea). 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2022–05912 Filed 3–18–22; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

RIN 1601–ZA22 

Rescission of the Notice of July 23, 

2019, Designating Aliens for Expedited 

Removal 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice. 

SUMMARY: This Notice rescinds the July 

23, 2019 Notice, Designating Aliens for 

Expedited Removal, which expanded to 

the maximum extent permitted by the 

Immigration and Nationality Act (INA) 

the application of expedited removal 

procedures to noncitizens not already 

covered by previous designations. The 

INA expressly authorizes the 

application of expedited removal 

procedures to noncitizens ‘‘arriving in 

the United States,’’ while also 

authorizing the Secretary of Homeland 

Security to extend (by designation) such 

procedures to certain other categories of 

noncitizens present in the United States. 

The INA permits the Secretary, in her or 

his sole and unreviewable discretion, to 

modify any such designations at any 

time. By rescinding only the designation 

of the class of noncitizens covered by 

the July 23, 2019 Notice, this Notice 

leaves in effect the prior discretionary 

designations that have, for over two 

decades, extended expedited removal to 

additional categories of noncitizens. 

DATES: The rescission of the Notice 

published at 84 FR 35409 on July 23, 

2019, is effective on March 21, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Ihsan Gunduz, Office of Strategy, Policy, 

and Plans, Department of Homeland 

Security, Washington, DC 20528, (202) 

282–9708. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. DHS Statutory Authority Over 

Expedited Removal Procedures 

Under section 235(b)(1) of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1225(b)(1), the Department of 

Homeland Security (DHS or 

Department) 1 may remove certain 

noncitizens 2 without a hearing before 

an immigration judge under what are 

known as ‘‘expedited removal’’ 

procedures. The INA itself authorizes 

immigration officers to apply expedited 

removal procedures to noncitizens 

‘‘arriving in the United States.’’ The INA 

also grants the Secretary authority to 

apply expedited removal procedures (by 

designation) to ‘‘any or all’’ noncitizens 

referred to in the statute as ‘‘certain 

other aliens.’’ INA 235(b)(1)(A)(iii)(I), 8 

U.S.C. 1225(b)(1)(A)(iii)(I). A noncitizen 

is within the class of ‘‘certain other 

aliens’’ if the noncitizen ‘‘has not been 

admitted or paroled into the United 

States, and . . . has not affirmatively 

shown, to the satisfaction of an 

immigration officer, that the alien has 

been physically present in the United 

States continuously for the 2-year 

period immediately prior to the date of 

the determination of inadmissibility.’’ 

INA 235(b)(1)(A)(iii)(II), 8 U.S.C. 

1225(b)(1)(A)(iii)(II). Such designation 

‘‘shall be in the sole and unreviewable 

discretion’’ of the Secretary and ‘‘may 

be modified at any time.’’ INA 

235(b)(1)(A)(iii)(I), 8 U.S.C. 

1225(b)(1)(A)(iii)(I); 8 CFR 

235.3(b)(1)(ii). Those noncitizens 

‘‘arriving in the United States’’ and 

those covered by an expedited removal 

designation must be determined to be 

inadmissible under INA 212(a)(6)(C), 8 

U.S.C. 1182(a)(6)(C), for fraud or willful 

misrepresentation, or INA 212(a)(7), 8 

U.S.C. 1182(a)(7), for lack of valid 

immigration documents, to be amenable 

to expedited removal. INA 

235(b)(1)(A)(ii), 8 U.S.C. 

1225(b)(1)(A)(ii). 

Previous Secretaries—and, prior to 

enactment of the HSA, the Attorney 

General and the Commissioner of the 

former Immigration and Naturalization 

Service (INS)—have exercised their 

statutory authority to facilitate the 

application of expedited removal 

procedures to certain categories of 

noncitizens. In 1997, the Department of 

Justice issued regulations implementing 

the application of expedited removal 

procedures to ‘‘arriving aliens.’’ 3 62 FR 

10312, 10313–14 (Mar. 6, 1997). In 

2002, the INS Commissioner designated 

as amenable to expedited removal 

noncitizens who arrive in the United 

States by sea, are not paroled or 

admitted into the United States, and 

‘‘have not been physically present in the 

United States continuously for the twoyear period prior to the determination of 

inadmissibility under’’ the Notice. 67 

FR 68924 (Nov. 13, 2002). In 2004, the 

Secretary designated as amenable to 

expedited removal a category consisting 

of noncitizens encountered within 100 

air miles of the border and within 14 

days of their date of entry regardless of 

the noncitizen’s method of arrival. 69 

FR 48877 (Aug. 11, 2004).4

In 2019, the Department issued a 

notice, Designating Aliens for Expedited 

Removal, 84 FR 35409 (July 23, 2019), 

expanding expedited removal 

procedures to noncitizens not already 

covered by previous designations. This 

new designation expanded the 

permissible use of expedited removal 

procedures to all amenable noncitizens 

not covered under previous 

designations found anywhere in the 

United States who have not been 

admitted or paroled and have not been 

physically present in the United States 

continuously for the 2-year period prior 

to the date of determination of 

inadmissibility. See 84 FR 35413– 

35414. 

The authority to designate certain 

noncitizens to whom expedited removal 

procedures may be applied is entrusted 

by statute to the ‘‘sole and unreviewable 

discretion’’ of the Secretary. INA 

235(b)(1)(A)(iii)(I), 8 U.S.C. 

1225(b)(1)(A)(iii)(I); 8 CFR 

235.3(b)(1)(ii). The statute provides that 

the Secretary may apply (by 

designation) expedited removal to any 

noncitizen ‘‘who has not been admitted 

or paroled into the United States, and 


khammond on DSKJM1Z7X2PROD with NOTICES