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.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

14757 

Vol. 87, No. 51 

Wednesday, March 16, 2022 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 208 

[CIS No. 2671–20; DHS Docket No. USCIS– 

2020–0017] 

RIN 1615–AC59 

Asylum Interview Interpreter 

Requirement Modification Due to 

COVID–19 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Temporary final rule; extension. 

SUMMARY: The Department of Homeland 

Security (DHS) is extending, for a third 

time, the effective date (for 365 days) of 

its temporary final rule that modified 

certain regulatory requirements to help 

ensure that USCIS may continue with 

affirmative asylum adjudications during 

the COVID–19 pandemic. 

DATES: This temporary final rule is 

effective from March 16, 2022 through 

March 16, 2023. As of March 16, 2022, 

the expiration date of the temporary 

final rule published at 85 FR 59655 

(Sept. 23, 2020), which was extended at 

86 FR 15072 (Mar. 22, 2021), and at 86 

FR 51781 (Sept. 17, 2021), is further 

extended from March 16, 2022 through 

March 16, 2023. If conditions improve 

and the health concerns posed by 

COVID–19 are resolved before this 

temporary final rule expires, DHS will 

consider publishing a final rule 

terminating this temporary final rule 

prior to the expiration of this 365-day 

extension. 

FOR FURTHER INFORMATION CONTACT: 

Rena ́ Cutlip-Mason, Chief, Division of 

Humanitarian Affairs, Office of Policy 

and Strategy, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 5900 Capital 

Gateway Drive, Camp Springs, MD 

20588–0009; telephone (240) 721–3000 

(not a toll-free call). 

Individuals with hearing or speech 

impairments may access the telephone 

numbers above via TTY by calling the 

toll-free Federal Information Relay 

Service at 1–877–889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: 

I. Legal Authority To Issue This Rule 

and Other Background 

A. Legal Authority 

The Secretary of Homeland Security 

(Secretary) takes this action pursuant to 

his authorities concerning asylum 

determinations. The Homeland Security 

Act of 2002 (HSA), Public Law 107–296, 

as amended, transferred many functions 

related to the execution of Federal 

immigration law to the newly created 

DHS. The HSA amended the 

Immigration and Nationality Act (INA 

or the Act), charging the Secretary ‘‘with 

the administration and enforcement of 

this chapter and all other laws relating 

to the immigration and naturalization of 

aliens,’’ INA 103(a)(1), 8 U.S.C. 

1103(a)(1), and granted the Secretary the 

power to take all actions ‘‘necessary for 

carrying out’’ the immigration laws, 

including the INA, id. 1103(a)(3). The 

HSA also transferred to DHS 

responsibility for affirmative asylum 

applications made outside the removal 

context. See 6 U.S.C. 271(b)(3). That 

authority has been delegated within 

DHS to U.S. Citizenship and 

Immigration Services (USCIS). USCIS 

asylum officers determine, in the first 

instance, whether a noncitizen’s 

affirmative asylum application should 

be granted. See 8 CFR 208.4(b), 208.9. 

With limited exception, the Department 

of Justice Executive Office for 

Immigration Review has exclusive 

authority to adjudicate asylum 

applications filed by noncitizens who 

are in removal proceedings. See INA 

103(g), 240; 8 U.S.C. 1103(g), 1229a. 

This broad division of functions and 

authorities informs the background of 

this rule. 

B. Legal Framework for Asylum 

Asylum is a discretionary benefit that 

generally can be granted to eligible 

noncitizens who are physically present 

or who arrive in the United States, 

irrespective of their status, subject to the 

requirements in section 208 of the INA, 

8 U.S.C. 1158, and implementing 

regulations, see 8 CFR parts 208, 1208. 

Section 208(d)(5) of the INA, 8 U.S.C. 

1158(d)(5), imposes several mandates 

and procedural requirements for the 

consideration of asylum applications. 

Congress also specified that the 

Attorney General and Secretary of 

Homeland Security ‘‘may provide by 

regulation for any other conditions or 

limitations on the consideration of an 

application for asylum,’’ so long as 

those limitations are ‘‘not inconsistent 

with this chapter.’’ INA 208(d)(5)(B), 8 

U.S.C. 1158(d)(5)(B). Thus, the current 

statutory framework leaves the Attorney 

General (and, after the HSA, also the 

Secretary) significant discretion to 

regulate consideration of asylum 

applications. USCIS regulations 

promulgated under this authority set 

agency procedures for asylum 

interviews, and require that applicants 

unable to communicate in English 

‘‘must provide, at no expense to the 

Service, a competent interpreter fluent 

in both English and the applicant’s 

native language or any other language in 

which the applicant is fluent.’’ 8 CFR 

208.9(g). This requirement means that 

all asylum applicants who cannot 

communicate in English must bring an 

interpreter to their interview. Doing so, 

as required by the regulation, poses a 

serious health risk because of the 

COVID–19 pandemic. 

Accordingly, this temporary final rule 

extends the rule published at 85 FR 

59655, for a third time, to continue to 

mitigate the spread of COVID–19 by 

seeking to slow the transmission and 

spread of the disease during asylum 

interviews before USCIS asylum 

officers. To that end, this temporary 

final rule will extend the requirement in 

certain instances allowing noncitizens 

interviewed for this discretionary 

asylum benefit to use USCIS-provided 

interpreters during affirmative asylum 

interviews. This temporary final rule 

also provides that if a USCIS interpreter 

is unavailable, USCIS will either 

reschedule the interview and attribute 

the interview delay to USCIS for the 

purposes of employment authorization 

under 8 CFR 208.7, or USCIS may, in its 

discretion, allow the applicant to 

provide an interpreter. 

C. The COVID–19 Pandemic 

On January 31, 2020, the Secretary of 

Health and Human Services (HHS) 

declared a public health emergency 

under section 319 of the Public Health 

Service Act (42 U.S.C. 247d), in 

response to COVID–19, which is caused 


jspears on DSK121TN23PROD with RULES1
14758 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 

1HHS, Determination that a Public Health 

Emergency Exists (Jan. 31, 2020), https://

www.phe.gov/emergency/news/healthactions/phe/ 

Pages/2019-nCoV.aspx. 

2HHS, Renewal of Determination that a Public 

Health Emergency Exists (Jan. 14, 2022), https://

aspr.hhs.gov/legal/PHE/Pages/COVID19- 

14Jan2022.aspx. 

3Notice on the Continuation of the National 

Emergency Concerning the Coronavirus Disease 

2019 (COVID–19) Pandemic, 87 FR 10289 (Feb. 23, 

2022); Proclamation 9994 of March 13, 2020, 

Declaring a National Emergency Concerning the 

Coronavirus Disease (COVID–19) Outbreak, 85 FR 

15337 (Mar. 18, 2020). 

4WHO Coronavirus (COVID–19) Dashboard 

(updated Mar. 4, 2022), https://covid19.who.int/. 

5 Id. 

6Centers for Disease Control and Prevention 

(CDC), SARS–CoV–2 Variant Classifications and 

Definitions (updated Dec. 1, 2021), https://

www.cdc.gov/coronavirus/2019-ncov/variants/ 

variant-classifications.html. 

7CDC, What You Need to Know About Variants 

(updated Feb. 25, 2022), https://www.cdc.gov/ 

coronavirus/2019-ncov/variants/variant.html. 

8CDC, SARS–CoV–2 Variant Classifications and 

Definitions. 

9CDC, Rapid Increase of Omicron Variant 

Infections in the United States: Management of 

Healthcare Personnel with SARS–CoV–2 Infection 

or Exposure (Dec. 24, 2021), https://

emergency.cdc.gov/han/2021/pdf/CDC_HAN_

460.pdf; CDC, Potential Rapid Increase of Omicron 

Variant Infections in the United States (updated 

Dec. 20, 2021), https://www.cdc.gov/coronavirus/ 

2019-ncov/science/forecasting/mathematicalmodeling-outbreak.html; CDC, COVID Data 

Tracker—Trends in Number of COVID–19 Cases 

and Deaths in the U.S. Reported to CDC, by State/ 

Territory (updated Mar. 6, 2022), https://

covid.cdc.gov/covid-data-tracker/#trends_

dailycases; CDC, COVID Data Tracker: New 

Admissions of Patients with Confirmed COVID–19 

Per 100,000 Population by Age Group, United 

States (updated Mar. 6, 2022), https://covid.cdc.gov/ 

covid-data-tracker/#new-hospital-admissions. 

10CDC, COVID Data Tracker—Trends in Number 

of COVID–19 Cases and Deaths in the U.S. Reported 

by CDC, by State/Territory; CDC, COVID Data 

Tracker: New Admissions of Patients with 

Confirmed COVID–19 Per 100,000 Population by 

Age Group, United States. 

11FDA, FDA Approves First COVID–19 Vaccine 

(Aug. 23, 2021), https://www.fda.gov/news-events/ 

press-announcements/fda-approves-first-covid-19- 

vaccine. 

12CDC, Moderna COVID–19 Vaccine (also known 

as Spikevax) Overview and Safety (updated Feb. 1, 

2022), https://www.cdc.gov/coronavirus/2019-ncov/ 

vaccines/different-vaccines/Moderna.html. 

13CDC, COVID Data Tracker—COVID–19 

Vaccinations in the United States (updated Mar. 6, 

2022), https://covid.cdc.gov/covid-data-tracker/ 

#vaccinations_vacc-total-admin-rate-total. 

14CDC, COVID–19 Vaccine Booster Shots 

(updated Feb, 2, 2022), https://www.cdc.gov/ 

coronavirus/2019-ncov/vaccines/booster-shot.html; 

FDA, COVID–19 Frequently Asked Questions 

(updated Jan. 7, 2022), https://www.fda.gov/ 

emergency-preparedness-and-response/ 

coronavirus-disease-2019-covid-19/covid-19- 

frequently-asked-questions; CDC, Stay Up to Date 

with Your Vaccines (updated Jan. 16, 2022), https:// 

www.cdc.gov/coronavirus/2019-ncov/vaccines/stayup-to-date.html. 

15CDC, COVID–19 Vaccine Booster Shots. 

16Mario Coccia, COVID–19 Pandemic Over 2020 

(With Lockdowns) and 2021 (With Vaccinations): 

Similar Effects for Seasonality and Environmental 

Factors, 208 Environmental Research (2022), 

https://www.sciencedirect.com/science/article/pii/ 

S001393512200038X?via%3Dihub (last visited Mar. 

4, 2022). 

17NIH, The role of seasonality in the spread of 

COVID–19 pandemic (Feb. 19, 2021), https://

www.ncbi.nlm.nih.gov/pmc/articles/PMC7892320/. 

18CDC, The Possibility of COVID–19 after 

Vaccination: Breakthrough Infections (updated Dec. 

17, 2021), https://www.cdc.gov/coronavirus/2019- 

ncov/vaccines/effectiveness/why-measureeffectiveness/breakthrough-cases.html. 

19CDC, Rate of COVID–19 Cases and Deaths by 

Vaccination Status, https://covid.cdc.gov/coviddata-tracker/#rates-by-vaccine-status, (last visited 

Mar. 7, 2022). 

20CDC, CDC Newsroom—Transcript of CDC 

Media Telebriefing: Update on COVID–19 (Feb. 25, 

2022), https://www.cdc.gov/media/releases/2022/ 

t0225-covid-19-update.html. 

21 Id. 

by the SARS–CoV–2 virus.1 Effective 

January 14, 2022, HHS renewed the 

determination that ‘‘a public health 

emergency exists and has existed since 

January 27, 2020, nationwide.’’ 2 On 

February 18, 2022, the President issued 

a continuation of the National 

Emergency concerning the COVID–19 

pandemic.3 As of March 4, 2022, there 

have been over 440 million confirmed 

cases of COVID–19 identified globally, 

resulting in more than 5.9 million 

deaths.4 Approximately 78,428,884 

cases have been identified in the United 

States, with about 242,345 new cases 

identified in the 7 days preceding 

February 28, 2022, and approximately 

947,625 reported deaths due to the 

disease.5 A more detailed background 

discussion of the COVID–19 pandemic 

is found in the original temporary final 

rule, as well as in the first and second 

extensions of the rule, and USCIS 

incorporates the discussions of the 

pandemic into this extension. See 85 FR 

59655; 86 FR 15072; 86 FR 51781. 

Since publication of the original 

temporary final rule, variants of the 

virus that causes COVID–19 have been 

reported in the United States.6 Evidence 

suggests that some variants may spread 

more quickly and easily than others and 

at least one variant may cause more 

severe illness than other variants.7 The 

COVID–19 Delta and Omicron variants 

were labeled as Variants of Concern 

(VOC) by the HHS SARS–CoV–2 

Interagency Group (SIG), which defines 

VOCs as those with evidence of 

increased transmissibility and severe 

disease, reduced effectiveness of 

treatments or vaccines, and diagnostic 

detection failures.8 Following the first 

Omicron case reported in the United 

States, on December 1, 2021, there was 

a rapid increase in infections and 

hospitalizations with multiple large 

clusters of outbreaks that peaked in 

mid-January 2022.9 Since mid-January 

2022, the number of COVID–19 

infections and hospitalizations in the 

United States has decreased (as of 

March 6, 2022), although COVID–19 

infections continue to be reported.10

The U.S. Food and Drug 

Administration (FDA) granted approval 

for the Pfizer-BioNTech COVID–19 

vaccine for individuals 16 years and 

older in August 2021 11 and the 

Moderna COVID–19 vaccine for 

individuals 18 years and older in 

January 2022.12 While the vaccine is 

widely accessible in the United States, 

geographic data indicates a wide 

disparity in the percentages of fully 

vaccinated individuals by state, ranging 

from 50.3 percent in Alabama to 80.9 

percent in Rhode Island, not taking into 

account United States territories.13

Although the FDA has determined that 

approved COVID–19 vaccines are 

effective in eligible individuals, their 

effectiveness at preventing infection 

wanes over time, and thus, CDC 

guidance states that eligible individuals 

should receive COVID–19 vaccine 

booster shots after certain periods of 

time.14 CDC’s decision to begin booster 

shots in late 2021 was based on 

information about vaccine effectiveness 

and the impact of variants on vaccine 

effectiveness.15 A January 2022 study 

indicated that the COVID–19 pandemic 

is driven by seasonality.16 Another 

study indicated that seasonal factors, 

alongside the increased demand for 

healthcare resources due to seasonal 

influenza, should be taken into account 

when developing future intervention 

measures.17

Ongoing research demonstrates that 

while there is high effectiveness of 

approved vaccines among eligible 

individuals, fully vaccinated 

individuals continue to experience 

breakthrough COVID–19 infections and 

may be either symptomatic or 

asymptomatic.18 Nevertheless, CDC 

reports show that individuals who are 

unvaccinated have a greater risk of 

testing positive for COVID–19 and a 

greater risk of dying from COVID–19 

than individuals who are fully 

vaccinated.19

On February 25, 2022, CDC updated 

the framework for monitoring the spread 

of COVID–19 in communities across the 

United States.20 The framework 

involves evaluating factors related to the 

severity of disease, including 

hospitalizations and hospital capacity, 

to help determine whether the level of 

COVID–19 and severe disease are low, 

medium, or high in a community 

(known as ‘‘COVID–19 community 

levels’’).21 Depending on the COVID–19 

community level, CDC recommends 

different individual, household, and 

community-level prevention strategies, 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 14759 

22CDC, COVID–19 Community Levels (updated 

Feb. 25, 2022), https://www.cdc.gov/coronavirus/ 

2019-ncov/science/community-levels.html. 

23Safer Federal Workforce, Mask-Wearing, 

https://www.saferfederalworkforce.gov/faq/maskwearing/ (last visited Mar. 3, 2022). 

24CDC, Overview of Testing for SARS–CoV–2 

(COVID–19) (updated Feb. 11, 2022), https://

www.cdc.gov/coronavirus/2019-ncov/hcp/testingoverview.html. 

25 Id. 

26 Id. 

27 Id. 

28 Id. 

29CDC, Quarantine & Isolation (updated Jan. 27, 

2022), https://www.cdc.gov/coronavirus/2019-ncov/ 

your-health/quarantine-isolation.html. 

30USCIS Response to COVID–19 (updated Jan. 

25, 2022), https://www.uscis.gov/about-us/uscisresponse-to-covid-19. 

31 Id. 

32Between September 23, 2020 and March 10, 

2021, USCIS conducted 7,764 asylum interviews. 

See 86 FR at 15074. Between March 10, 2021, and 

August 8, 2021, USCIS conducted 9,136 asylum 

interviews. See 86 FR at 51784. 

33The interpreter interview provisions can be 

found in two parallel sets of regulations: 

Regulations under the authority of DHS are 

contained in 8 CFR part 208; and regulations under 

the authority of the Department of Justice (DOJ) are 

contained in 8 CFR part 1208. Each set of 

regulations contains substantially similar 

provisions regarding asylum interview processes, 

and each articulates the interpreter requirement for 

interviews before an asylum officer. Compare 8 CFR 

208.9(g), with 8 CFR 1208.9(g). This temporary final 

rule and its extensions revise only the DHS 

regulations at 8 CFR 208.9. Notwithstanding the 

language of the parallel DOJ regulations in 8 CFR 

1208.9, as of the effective date of this action, the 

revised language of 8 CFR 208.9(h) is binding on 

DHS and its adjudications for 365 days. DHS is not 

bound by the DOJ regulation at 8 CFR 1208.9(g). 

34 DHS notes that this extension does not modify 

8 CFR 208.9(g); rather the extension of the 

temporary final rule is written so that asylum 

interviews occurring while the temporary final rule 

is effective will be bound by the requirements at 8 

CFR 208.9(h). 

which may or may not include wearing 

facial covers indoors.22 As a result of 

CDC’s COVID–19 community levels 

guidance, the Safer Federal Workforce 

Task Force, which is led by the White 

House COVID–19 Response Team, 

issued updated facial covers and 

screening testing guidelines on February 

28, 2022, for employees, contractors, 

and visitors to Federal buildings.23

Widespread testing is available to 

confirm suspected cases of COVID–19 

infection but testing performance varies 

by type, with antigen tests being less 

sensitive than Nucleic Acid 

Amplification Tests (NAATs).24 This 

may require symptomatic people with 

negative tests to retest in order to 

confirm results.25 CDC states that the 

predictive value of a test will also 

depend on COVID–19 community 

levels.26 The use of NAATs in areas 

with a high COVID–19 community level 

and increased testing demand may 

result in test processing delays while a 

highly specific antigen test may result in 

many false positives in an area where 

infection rates are low.27 This is because 

test predictive values are dependent on 

pretest probability, or the COVID–19 

community level and the clinical 

context of those being tested.28 CDC 

guidance states that individuals who 

were exposed to a person with COVID– 

19 may or may not need to selfquarantine depending on vaccination 

status and whether they develop 

symptoms.29

II. Purpose of This Temporary Final 

Rule 

USCIS continues its efforts to protect 

the health and safety of its employees 

and the public by requiring all federal 

employees, on-site contractors, and 

visitors to follow local USCIS guidance 

on physical distancing and workplace 

protection guidance consistent with 

CDC and agency guidance.30 Also, 

USCIS regularly updates its guidance on 

facial covers for all employees and 

members of the public to reflect 

evolving CDC guidance.31

USCIS has conducted 32,012 total 

asylum interviews between September 

23, 2020 and March 7, 2022.32 The 

original temporary final rule, 

implemented on September 23, 2020, 

and its extensions implemented on 

March 22 and September 20, 2021, and 

other noted public safety measures have 

helped mitigate the impact of COVID–19 

and have been effective in keeping the 

USCIS workforce and the public safe. As 

of February 25, 2022, there have been 

4,061 confirmed cases of COVID–19 

exposure among USCIS employees and 

contractors. The overall percentage of 

positive cases reported among USCIS 

employees since the start of the 

pandemic is 14.3 percent. 

Therefore, DHS has determined that it 

is in the best interest of the public and 

USCIS employees and contractors to 

extend the temporary final rule for 365 

days. Under this third extension, USCIS 

will continue requiring asylum 

applicants who are unable to proceed 

with the interview in English to use 

government-provided telephonic 

contract interpreters if the applicants 

speak one of the 47 languages found on 

the Required Languages for Interpreter 

Services Blanket Purchase Agreement/ 

U.S. General Services Administration 

Language Schedule (‘‘GSA Schedule’’). 

If the applicant does not speak or elects 

to speak a language not on the GSA 

Schedule, the applicant will be required 

to bring his or her own interpreter who 

is fluent in English and the elected 

language not on the GSA schedule, to 

the interview. In the second extension 

of the temporary final rule, published at 

85 FR 59655, DHS also amended 8 CFR 

208.9(h)(1) by allowing, in USCIS’ 

discretion, an applicant for asylum to 

provide an interpreter when a USCIS 

interpreter is unavailable. See 86 FR 

51781. Specifically, if a USCIS 

interpreter is unavailable, USCIS will 

either reschedule the interview and 

attribute the interview delay to USCIS 

for the purposes of employment 

authorization pursuant to 8 CFR 208.7, 

or USCIS may, in its discretion, allow 

the applicant to provide an interpreter. 

DHS incorporates into this third 

extension, the justifications from the 

original temporary final rule and all 

subsequent extensions. The measures 

implemented since the original 

temporary final rule to protect 

employees, asylum applicants, and 

other members of the public, continue 

to be a priority for USCIS. Additionally, 

the modification to the second 

extension (i.e., USCIS exercising 

discretion to allow an asylum applicant 

to bring an interpreter to the interview 

if a contract interpreter is unavailable), 

will remain in place. The modification 

has given USCIS flexibility to plan 

ahead in the limited circumstances 

when a contract interpreter is expected 

to be unavailable for an asylum 

interview, reducing the likelihood of 

canceled interviews and unused office 

space. This third extension also 

incorporates the discussions on the 

overall benefits of providing telephonic 

contract interpreters in reducing the risk 

of contracting COVID–19 for applicants, 

attorneys, interpreters, and USCIS 

employees, from the original temporary 

final rule and all extensions. 

III. Discussion of Regulatory Change: 8 

CFR 208.9(h) 33

DHS has determined that there are 

reasonable grounds for considering 

potential exposure to SARS–CoV–2, 

including any emerging variants, as a 

public health concern and that these 

grounds are sufficient to extend the 

temporary final rule modifying the 

interpreter requirements for asylum 

applicants in order to lower the number 

of in-person attendees at asylum 

interviews. For 365 days following 

publication of this temporary final rule, 

DHS will continue to require nonEnglish speaking asylum applicants 

appearing before USCIS to proceed with 

the asylum interview using USCIS’ 

interpreter services if they are fluent in 

one of the 47 languages as discussed in 

the temporary final rule at 85 FR at 

59657.34 Additionally, as provided in 8 

CFR 208.9(h)(1), DHS will continue to 

allow, in USCIS’ discretion, an 

applicant for asylum to provide an 


jspears on DSK121TN23PROD with RULES1
14760 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 

35See 86 FR 11599; 85 FR 15337; HHS, Renewal 

of Determination that a Public Health Emergency 

exists. 

36CDC, Omicron Variant: What You Need to 

Know (updated Feb. 2, 2022), https://www.cdc.gov/ 

coronavirus/2019-ncov/variants/omicronvariant.html; CDC, COVID Data Tracker: Variant 

Proportions (updated Mar. 1, 2022), https://

covid.cdc.gov/covid-data-tracker/#variantproportions. 

37CDC, COVID Data Tracker—COVID–19 

Vaccinations in the United States; CDC, The 

Possibility of COVID–19 after Vaccination: 

Breakthrough Infections. 

38CDC, COVID Data Tracker: New Admissions of 

Patients with Confirmed COVID–19 Per 100,000 

Population by Age Group, United States. 

39See 85 FR 59655 (Sept. 23, 2020); 86 FR 15072 

(Mar. 22, 2021); 86 FR 51781 (Sept. 17, 2021). 

40 Id. 

41HHS Control of Communicable Diseases; 

Foreign Quarantine, 85 FR 7874 (Feb. 12, 2020) 

(interim final rule to enable the CDC ‘‘to require 

airlines to collect, and provide to CDC, certain data 

regarding passengers and crew arriving from foreign 

countries for the purposes of health education, 

treatment, prophylaxis, or other appropriate public 

health interventions, including travel restrictions’’); 

Control of Communicable Diseases; Restrictions on 

African Rodents, Prairie Dogs, and Certain Other 

Animals, 68 FR 62353 (Nov. 4, 2003) (interim final 

rule to modify restrictions to ‘‘prevent the spread 

of monkeypox, a communicable disease, in the 

United States.’’). 

42See, e.g., Visas: Documentation of 

Nonimmigrants Under the Immigration and 

Nationality Act, as Amended, 81 FR 5906, 5907 

(Feb. 04, 2016) (interim rule citing good cause to 

immediately require a passport and visa from 

interpreter when a USCIS interpreter is 

unavailable. In these limited 

circumstances, if a USCIS interpreter is 

unavailable, USCIS will either 

reschedule the interview and attribute 

the interview delay to USCIS for the 

purposes of employment authorization 

pursuant to 8 CFR 208.7, or USCIS may, 

in its discretion, allow the applicant to 

provide an interpreter. The interpreter 

will be required to follow USCIS 

COVID–19 protocols in place at the time 

of the interview, including sitting in a 

separate office. Once this temporary 

final rule is no longer in effect, asylum 

applicants unable to proceed with an 

affirmative asylum interview based on a 

Form I–589, Application for Asylum 

and for Withholding of Removal, in 

English before a USCIS asylum officer 

will be required to provide their own 

interpreters under 8 CFR 208.9(g). 

Given the unique nature of the 

pandemic and the multiple challenges it 

has presented in the context of USCIS 

operations, the agency has had to 

modify its policies and procedures to 

adapt. Through the original temporary 

final rule and the first and second 

extensions, USCIS adapted and 

modified its procedures to keep the 

workforce and public safe while also 

striving to serve the customer. Outside 

of this rule, USCIS has adapted to the 

pandemic by developing electronic 

workflows for conducting interviews 

and completing the adjudication, and by 

monitoring language trends and 

interpreter availability. 

DHS noted in the original temporary 

final rule, first extension, and second 

extension with modification, that it 

would evaluate the public health 

concerns and resource allocations to 

determine whether to extend the rule. 

DHS has determined that extending this 

temporary final rule is necessary for 

public safety. Accordingly, DHS is 

extending this temporary final rule for 

365 days unless it is necessary to once 

again extend at a later date. This 

temporary final rule continues to apply 

to all affirmative asylum interviews 

conducted by USCIS across the nation. 

USCIS has determined that an extension 

of 365 days is appropriate given that: (1) 

The pandemic is ongoing; 35 (2) the 

highly contagious Omicron variant is 

circulating in the United States; 36 (3) 

while vaccines are widely available, 

data indicates a wide disparity in the 

percentages of fully vaccinated 

individuals by state, and fully 

vaccinated individuals continue to 

experience breakthrough SARS–CoV–2 

infections; 37 and (4) although as of 

March 6, 2022, hospitalizations have 

decreased from January 2022, when they 

reached their highest 7-day average 

admission rate since the start of the 

pandemic, individuals continue to be 

hospitalized for COVID–19.38

USCIS first published this temporary 

final rule on September 23, 2020, and 

subsequently found it necessary to 

publish two extensions to continue its 

mitigation efforts because of the ongoing 

pandemic.39 The initial temporary final 

rule and each extension had an effective 

period of 180 days, which has resulted 

in this temporary final rule being in 

effect for 540 days.40 Considering the 

period of time that the pandemic has 

been ongoing, the number of times 

USCIS has had to extend this temporary 

final rule, the continued uncertainty 

about emerging variants, and the 

inability to predict when the COVID–19 

pandemic will end, USCIS has 

determined that an additional extension 

of 180 days will be insufficient and a 

365-day extension will better serve the 

needs of the public and the agency. 

Extending this temporary final rule for 

365 days will provide the public and 

USCIS with greater certainty and 

predictability about how long these 

mitigation efforts will remain in place. 

That is, with the additional time, the 

agency can proactively plan ahead and 

focus on providing consistent services 

to asylum applicants rather than 

expending limited resources frequently 

changing procedures and re-issuing 

guidance to staff and the public. 

Recognizing that the COVID–19 

pandemic is ongoing and unpredictable, 

DHS continues to constantly evaluate 

the public health concerns and its 

mitigation efforts. Within the next 365 

days, it is possible that conditions may 

either improve or worsen. If conditions 

improve and the health concerns posed 

by COVID–19 are resolved before this 

temporary final rule expires, DHS will 

consider publishing a final rule 

terminating this temporary final rule 

prior to the expiration of this 365-day 

extension. However, if prior to the 

expiration of this extension, conditions 

remain static or worsen, DHS will again 

evaluate the public health concerns and 

resource allocations to determine if 

another extension is appropriate to 

further the goals of promoting public 

safety. After such evaluation and if 

another extension is determined to be 

necessary, DHS would publish any such 

extension via a rulemaking in the 

Federal Register. 

IV. Regulatory Requirements 

A. Administrative Procedure Act (APA) 

DHS is issuing this extension as a 

temporary final rule pursuant to the 

APA’s ‘‘good cause’’ exception. 5 U.S.C. 

553(b)(B). DHS may forgo notice-andcomment rulemaking and a delayed 

effective date because the APA provides 

an exception from those requirements 

when an agency ‘‘for good cause finds 

. . . that notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest.’’ 5 

U.S.C. 553(b)(B); see 5 U.S.C. 553(d)(3). 

The good cause exception for forgoing 

notice-and-comment rulemaking 

‘‘excuses notice and comment in 

emergency situations, or where delay 

could result in serious harm.’’ Jifry v. 

FAA, 370 F.3d 1174, 1179 (D.C. Cir. 

2004). Although the good cause 

exception is ‘‘narrowly construed and 

only reluctantly countenanced,’’ Tenn. 

Gas Pipeline Co. v. FERC, 969 F.2d 

1141, 1144 (D.C. Cir. 1992), DHS has 

appropriately invoked the exception in 

this case, for the reasons discussed in 

this temporary final rule. When it 

became clear to DHS that the continuing 

public health emergency would warrant 

another extension of this temporary 

final rule, there was not sufficient time 

to provide notice and receive comment 

before the second extension would 

expire. Additionally, on multiple 

occasions, agencies have relied on this 

exception to promulgate both 

communicable disease-related 41 and 

immigration-related 42 interim rules, as 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 14761 

certain H2–A Caribbean agricultural workers to 

avoid ‘‘an increase in applications for admission in 

bad faith by persons who would otherwise have 

been denied visas and are seeking to avoid the visa 

requirement and consular screening process during 

the period between the publication of a proposed 

and a final rule’’); Suspending the 30-Day and 

Annual Interview Requirements From the Special 

Registration Process for Certain Nonimmigrants, 68 

FR 67578, 67581 (Dec. 02, 2003) (interim rule 

claiming the good cause exception for suspending 

certain automatic registration requirements for 

nonimmigrants because ‘‘without [the] regulation 

approximately 82,532 aliens would be subject to 30- 

day or annual re-registration interviews’’ over a sixmonth period). 

43See, e.g., Temporary Changes to Requirements 

Affecting H–2A Nonimmigrants Due To the COVID– 

19 National Emergency: Partial Extension of Certain 

Flexibilities, 85 FR 51304 (Aug. 20, 2020) 

(temporary final rule extending April 20, 2020 

temporary final rule); CDC, Temporary Halt in 

Residential Evictions To Prevent the Further Spread 

of COVID–19, 86 FR 34010 (July 01, 2021) 

(extension order). 

44See 86 FR 70735. 

45See 85 FR 48113 (Aug. 10, 2020) and 85 FR 

20195 (Dec. 31, 2020), respectively. 

46 Id. 

47See 85 FR 86835. 

48HHS, Renewal of Determination That A Public 

Health Emergency Exists; Notice on the 

Continuation of the National Emergency 

Concerning the Coronavirus Disease 2019 (COVID– 

19) Pandemic; Proclamation 9994 of March 13, 

2020, Declaring a National Emergency Concerning 

the Coronavirus Disease (COVID–19) Outbreak. 49See 87 FR 10289. 50WHO Coronavirus (COVID–19) Dashboard. 51 Id. 52CDC, SARS–CoV–2 Variant Classifications and 

Definitions. 53CDC, What You Need to Know About Variants. 

54CDC, COVID Data Tracker—COVID–19 

Vaccinations in the United States. 

55CDC, The Possibility of COVID–19 after 

Vaccination: Breakthrough Infections. 

56CDC, Rate of COVID–19 Cases and Deaths by 

Vaccination Status. 

57See USCIS Response to COVID–19. 

58 DHS recognizes that the backlog has increased 

since the original temporary final rule was 

extended; however, if all applicants were required 

to bring their own interpreter as was done preCOVID–19, the interpreter may have to sit in a 

separate office during the interview to mitigate 

potential COVID–19 exposure, thereby reducing 

available office space to schedule additional 

interviews in a safe manner. This would likely 

increase the backlog at a faster rate than under this 

rule. 

well as to extend such rules.43 Recently, 

the Department of State (DOS) and the 

Federal Emergency Management Agency 

(FEMA) promulgated or extended rules 

to mitigate or address the COVID–19 

pandemic. On December 13, 2021, DOS 

issued a temporary final rule, Waiver of 

Personal Appearance and In-Person 

Oath Requirement for Certain Immigrant 

Visa Applicants Due to COVID–19, 

which provides flexibility for consular 

officers to waive the personal 

appearance of certain repeat immigrant 

visa applicants. DOS made the 

temporary final rule effective for 24 

months based upon the belief that after 

24 months the pandemic will be less 

acute and ordinary travel resumes.44 On 

April 10, 2020, FEMA published a 

temporary final rule allocating certain 

health and medical resources for 

domestic use, so that these resources 

may not be exported from the United 

States without explicit approval by 

FEMA.45 Citing the spread of COVID–19 

and the resulting strain on the country’s 

healthcare systems, FEMA explained 

the measures described in the rule were 

imperative and necessary to respond to 

the pandemic.46 FEMA’s original 

temporary final rule was extended on 

August 10, 2020, and then extended 

again on December 31, 2020, until June 

30, 2021.47

DHS is publishing this third extension 

as a temporary final rule because of the 

continuing COVID–19 pandemic and 

incorporates into this extension the 

discussion of good cause from the 

original temporary final rule and its 

extensions. As discussed earlier in this 

preamble, effective January 14, 2022, the 

Secretary of HHS renewed the 

determination that ‘‘a public health 

emergency exists and has existed since 

January 27, 2020 nationwide.’’ 48 On 

February 18, 2022, the President issued 

a notice on the continuation of the state 

of the National Emergency concerning 

the COVID–19 pandemic.49

As of March 4, 2022, there have been 

over 440 million confirmed cases of 

COVID–19 identified globally, resulting 

in more than 5.9 million deaths.50

Approximately 78,428,884 cases have 

been identified in the United States, 

with about 242,345 new cases identified 

in the 7 days preceding February 28, 

2022, and approximately 947,625 

reported deaths due to the disease.51

Additionally, CDC is monitoring several 

variants of the virus that causes COVID– 

19.52 Evidence suggests that some 

variants may spread faster and more 

easily than others and at least one 

variant may be associated with an 

increased risk of severe illness.53

Although vaccines are widely 

accessible, there is wide disparity in the 

percentages of vaccinated individuals 

by state.54

Ongoing research demonstrates that 

while there is high effectiveness of 

approved vaccines among eligible 

individuals, fully vaccinated 

individuals continue to experience 

breakthrough COVID–19 infections and 

may be either symptomatic or 

asymptomatic.55 Nevertheless, CDC 

reports show that individuals who are 

unvaccinated have a greater risk of 

testing positive for COVID–19 and a 

greater risk of dying from COVID–19 

than individuals who are fully 

vaccinated.56 Given the continuing 

national emergency caused by COVID– 

19, there are still urgent and compelling 

circumstances to extend and continue 

this temporary final rule. USCIS cannot 

predict when the pandemic will end 

and believes that it is necessary to 

extend and continue this temporary 

final rule for another 365 days or until 

conditions improve and the health 

concerns posed by COVID–19 are 

mitigated to such a degree that these 

safety efforts are no longer necessary. 

Throughout the COVID–19 pandemic, 

USCIS has continued to experience an 

increase in the affirmative asylum 

caseload, which, in turn, has created 

challenges in accommodating the 

interpretation needs of asylum 

applicants. Surges in other case types 

have also required USCIS to divert 

contract interpreter resources away from 

affirmative asylum. The increases 

continue presenting challenges to the 

agency and thus require USCIS to keep 

these procedures in place for an 

additional 365 days. 

For the reasons stated, including the 

need to be responsive to the operational 

demands and challenges caused by the 

ongoing COVID–19 pandemic, DHS 

believes it has good cause to determine 

that ordinary notice and comment 

procedure is impracticable for this 

temporary action, and that moving 

expeditiously to make this change is in 

the best interest of the public. 

Based on the continuing health 

emergency, USCIS continues to 

implement mitigation measures,57 and 

concluded that the good cause 

exceptions in 5 U.S.C. 553(b)(B) and 

(d)(3) apply to this temporary final rule 

extension. Delaying implementation of 

this rule until the conclusion of noticeand-comment procedures and the 30- 

day delayed effective date would be 

impracticable and contrary to the public 

interest due to the need to continue 

agency operations, while continuing to 

mitigate the risks associated with the 

spread of COVID–19. 

As of March 7, 2022, USCIS had 

440,185 asylum applications, on behalf 

of 690,172 noncitizens, pending final 

adjudication. Ninety-five percent of 

these pending applications are awaiting 

an interview by an asylum officer. The 

USCIS backlog will continue to increase 

at a faster pace if USCIS is unable to 

safely and efficiently conduct asylum 

interviews.58

This temporary final rule extension is 

promulgated as a response to COVID–19 

and emerging variants. It is temporary, 

limited in application to only those 

asylum applicants who cannot proceed 

with the interview in English, and 

narrowly tailored to mitigate the spread 


jspears on DSK121TN23PROD with RULES1
14762 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 

of COVID–19. To not extend such a 

measure could cause serious and farreaching public safety and health 

effects. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, requires an agency 

to prepare and make available to the 

public a regulatory flexibility analysis 

that describes the effect of the rule on 

small entities (i.e., small businesses, 

small organizations, and small 

governmental jurisdictions). A 

regulatory flexibility analysis is not 

required when a rule is exempt from 

notice-and-comment rulemaking. 

C. Unfunded Mandates Reform Act of 

1995 

This temporary final rule extension 

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. 

D. Congressional Review Act 

OMB’s Office of Information and 

Regulatory Affairs has determined that 

this action is not a major rule as defined 

by Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (also known as the Congressional 

Review Act). 5 U.S.C. 804(2). 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 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

E. Executive Order 12866 and Executive 

Order 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess the costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This rule is designated a 

significant regulatory action under E.O. 

12866. Accordingly, the Office of 

Management and Budget (OMB) has 

reviewed this regulation. DHS, however, 

is proceeding under the emergency 

provision of Executive Order 12866 

Section 6(a)(3)(D) based on the need to 

move expeditiously during the current 

public health emergency. 

This action will continue to help 

asylum applicants proceed with their 

interviews in a safe manner, while 

protecting agency staff throughout the 

next year or until the health concerns 

posed by COVID–19 are resolved. As a 

result of the temporary final rule and 

subsequent extensions, USCIS has 

conducted 32,012 total asylum 

interviews between September 23, 2020 

and March 7, 2022. This third extension 

is not expected to result in any 

additional costs to the government. In 

addition, even with the provision that 

permits, at USCIS’ discretion, an 

applicant for asylum to provide an 

interpreter when a contract interpreter 

is unavailable, there are no additional 

costs to the applicant relative to what 

would be the requirements if the 

temporary final rule were not extended. 

In those limited circumstances, the 

interpreter will still be required to 

follow USCIS COVID–19 protocols in 

place at the time of the interview, 

including, but not limited to, sitting in 

a separate office. Following those 

COVID–19 protocols will not result in 

any additional costs for either the 

applicant or the interpreter. 

Such contract interpreters will 

continue to be provided at no cost to the 

applicant. USCIS has an existing 

contract to provide telephonic 

interpretation and monitoring in 

interviews for all of its case types. 

USCIS has provided contract monitors 

for many years at interviews where the 

applicant brings an interpreter. In other 

words, almost all interviews that utilize 

a USCIS provided interpreter under this 

temporary final rule would have 

required instead a contracted monitor 

during asylum interviews conducted 

pre-pandemic. Additionally, the cost of 

monitoring and interpretation are 

identical under the current contract and 

monitors are no longer needed for 

interviews conducted through a USCISprovided contract interpreter. Therefore, 

the continued extension of the 

temporary final rule is projected to be 

cost neutral or negligible for the 

government because USCIS is already 

paying for these services even without 

this rule. 

In the limited circumstances where a 

contract interpreter is unavailable, 

USCIS will either reschedule the 

interview and attribute the interview 

delay to USCIS for the purposes of 

employment authorization pursuant to 8 

CFR 208.7, or USCIS may, in its 

discretion, allow the applicant to 

provide an interpreter. In such cases, 

the applicant would be in the same 

position they would have been without 

this action. 

DHS recognizes there are both 

quantitative and qualitative benefits that 

could be realized by providing an 

applicant for asylum the opportunity to 

bring their own interpreter when a 

contract interpreter is unavailable, such 

as the costs avoided that would 

otherwise be incurred due to 

rescheduling if a contract interpreter is 

unavailable—both for the applicant and 

USCIS—and the overall positive effect 

on applicants of having their asylum 

application timely adjudicated. Once 

this rule is no longer in effect, asylum 

applicants unable to proceed with an 

affirmative asylum interview before a 

USCIS asylum officer in English will 

again be required to provide their own 

interpreters under 8 CFR 208.9(g). 

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 section 3(a) and 

3(b)(2) of Executive Order 12988. 

H. Paperwork Reduction Act 

This rule does not propose new, or 

revisions to existing, ‘‘collection[s] of 

information’’ as that term is defined 

under the Paperwork Reduction Act of 

1995, Public Law 104–13, 44 U.S.C. 

chapter 35, and its implementing 

regulations, 5 CFR part 1320. As this 

would only span 365 days, USCIS does 

not anticipate a need to update the Form 

I–589, Application for Asylum and for 

Withholding of Removal, despite the 

existing language on the form 

instructions regarding interpreters. 

USCIS will continue to post updates on 

its Form I–589 website, https://

www.uscis.gov/i-589, and other asylum 

and relevant web pages regarding the 

interview requirements in this 

regulation, as well as provide personal 

notice to applicants via the interview 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 14763 

notices issued to applicants prior to 

their interview. 

List of Subjects in 8 CFR Part 208 

Administrative practice and 

procedure, Aliens, Immigration, 

Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons set forth 

in the preamble, the Secretary of 

Homeland Security amends 8 CFR part 

208 as follows: 

PART 208—PROCEDURES FOR 

ASYLUM AND WITHHOLDING OF 

REMOVAL 

■ 1. The authority citation for part 208 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 

1252, 1282; Title VII of Pub. L. 110–229; 8 

CFR part 2; Pub. L. 115–218. 

■ 2. Effective from March 16, 2022 

through March 16, 2023, amend § 208.9 

by revising paragraph (h) introductory 

text to read as follows: 

§ 208.9 Procedure for interview before an 

asylum officer. 

* * * * * 

(h) Asylum applicant interpreters. For 

asylum interviews conducted between 

March 16, 2022, through March 16, 

2023: 

* * * * * 

Alejandro Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–05636 Filed 3–15–22; 8:45 am] 

BILLING CODE 9111–97–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1238 

[No. 2022–N–3] 

Orders: Reporting by Regulated 

Entities of Stress Testing Results as of 

December 31, 2021; Summary 

Instructions and Guidance 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Orders. 

SUMMARY: In this document, the Federal 

Housing Finance Agency (FHFA) 

provides notice that it issued Orders, 

dated March 10, 2022, with respect to 

stress test reporting as of December 31, 

2021, under section 165(i)(2) of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Dodd-Frank 

Act), as amended by section 401 of the 

Economic Growth, Regulatory Relief, 

and Consumer Protection Act 

(EGRRCPA). Summary Instructions and 

Guidance accompanied the Orders to 

provide testing scenarios. 

DATES: Each Order is applicable March 

10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Varrieur, Acting Senior 

Associate Director, Office of Capital 

Policy, (202) 649–3141, 

Andrew.Varrier@fha.gov; Karen Heidel, 

Assistant General Counsel, Office of 

General Counsel, (202) 649–3073, 

Karen.Heidel@fhfa.gov; or Mark D. 

Laponsky, Deputy General Counsel, 

Office of General Counsel, (202) 649– 

3054, Mark.Laponsky@fhfa.gov. For 

TTY/TRS users with hearing and speech 

disabilities, dial 711 and ask to be 

connected to any of the contact numbers 

above. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FHFA is responsible for ensuring that 

the regulated entities operate in a safe 

and sound manner, including the 

maintenance of adequate capital and 

internal controls, that their operations 

and activities foster liquid, efficient, 

competitive, and resilient national 

housing finance markets, and that they 

carry out their public policy missions 

through authorized activities. See 12 

U.S.C. 4513. These Orders are being 

issued under 12 U.S.C. 4516(a), which 

authorizes the Director of FHFA to 

require by Order that the regulated 

entities submit regular or special reports 

to FHFA and establishes remedies and 

procedures for failing to make reports 

required by Order. The Orders, through 

the accompanying Summary 

Instructions and Guidance, prescribe for 

the regulated entities the scenarios to be 

used for stress testing. The Summary 

Instructions and Guidance also provides 

to the regulated entities advice 

concerning the content and format of 

reports required by the Orders and the 

rule. 

II. Orders, Summary Instructions and 

Guidance 

For the convenience of the affected 

parties and the public, the text of the 

Orders follows below in its entirety. The 

Orders and Summary Instructions and 

Guidance are also available for public 

inspection and copying at the Federal 

Housing Finance Agency’s Freedom of 

Information Act (FOIA) Reading Room 

at https://www.fhfa.gov/AboutUs/ 

FOIAPrivacy/Pages/Reading-Room.aspx 

by clicking on ‘‘Click here to view 

Orders’’ under the Final Opinions and 

Orders heading. You may also access 

these documents at http://www.fhfa.gov/ 

SupervisionRegulation/ 

DoddFrankActStressTests. 

The text of the Orders is as follows: 

Federal Housing Finance Agency 

Order Nos. 2022–OR–FNMA–1 and 

2022–OR–FHLMC–1 

Reporting by Regulated Entities of Stress 

Testing Results as of December 31, 2021 

Whereas, section 165(i)(2) of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’), as amended by section 401 of the 

Economic Growth, Regulatory Relief, 

and Consumer Protection Act 

(‘‘EGRRCPA’’) requires certain financial 

companies with total consolidated 

assets of more than $250 billion, and 

which are regulated by a primary 

Federal financial regulatory agency, to 

conduct periodic stress tests to 

determine whether the companies have 

the capital necessary to absorb losses as 

a result of severely adverse economic 

conditions; 

Whereas, FHFA’s rule implementing 

section 165(i)(2) of the Dodd-Frank Act, 

as amended by section 401 of EGRRCPA 

is codified as 12 CFR 1238 and requires 

that ‘‘[e]ach Enterprise must file a report 

in the manner and form established by 

FHFA.’’ 12 CFR 1238.5(b); 

Whereas, The Board of Governors of 

the Federal Reserve System issued stress 

testing scenarios on February 10, 2022; 

and 

Whereas, section 1314 of the Safety 

and Soundness Act, 12 U.S.C. 4514(a) 

authorizes the Director of FHFA to 

require regulated entities, by general or 

specific order, to submit such reports on 

their management, activities, and 

operation as the Director considers 

appropriate. 

Now therefore, it is hereby Ordered as 

follows: 

Each Enterprise shall report to FHFA 

and to the Board of Governors of the 

Federal Reserve System the results of 

the stress testing as required by 12 CFR 

1238, in the form and with the content 

described therein and in the Summary 

Instructions and Guidance, with 

Appendices 1 through 7 thereto, 

accompanying this Order and dated 

March 10, 2022. 

It is so ordered, this the 10th day of 

March, 2022. 

This Order is effective immediately. 

Signed at Washington, DC, this 10th day of 

March, 2022. 

Sandra L. Thompson, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2022–05437 Filed 3–15–22; 8:45 am] 

BILLING CODE 8070–01–P 


jspears on DSK121TN23PROD with RULES1