Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 64299 

results in no changes to the information 

collection and recordkeeping 

requirements previously approved and 

imposes no additional reporting and 

recordkeeping burden on domestic 

manufacturers and importers of 

softwood lumber. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Regarding outreach efforts, this action 

was discussed by the Board at its first 

meeting held in November 2011 and at 

six committee meetings held via 

teleconference during the first six 

months of 2012. The Board met in May 

2012 and unanimously made its 

recommendation. All of the Board’s 

meetings, including meetings held via 

teleconference, are open to the public 

and interested persons are invited to 

participate and express their views. 

A proposed rule concerning this 

action was published in the Federal 

Register on May 13, 2014 (92 FR 27212). 

The Board distributed copies of the rule 

via email to domestic manufacturers 

and importers. Finally, the proposal was 

made available through the Internet by 

USDA and the Office of the Federal 

Register. A 60-day comment period 

ending July 14, 2014, was provided to 

allow interested persons to comment. 

No comments were received. 

After consideration of all relevant 

matters presented, including the 

information and recommendation 

submitted by the Board and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, is 

consistent with and will effectuate the 

purposes of the 1996 Act. 

List of Subjects in 7 CFR Part 1217 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Softwood Lumber promotion, Reporting 

and recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1217 is amended 

as follows: 

PART 1217—SOFTWOOD LUMBER 

RESEARCH, PROMOTION, 

CONSUMER EDUCATION AND 

INDUSTRY INFORMATION ORDER 

■ 1. The authority citation for 7 CFR 

part 1217 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. Subpart C, consisting of § 1217.520, 

is added to read as follows: 

Subpart C—Rules and Regulations 

§ 1217.520 Late payment and interest 

charges for past due assessments. 

(a) A late payment charge shall be 

imposed on any domestic manufacturer 

or importer who fails to make timely 

remittance to the Board of the total 

assessments for which they are liable. 

The late payment will be imposed on 

any assessments not received within 60 

calendar days of the date they are due. 

This one-time late payment charge shall 

be 10 percent of the assessments due 

before interest charges have accrued. 

(b) In addition to the late payment 

charge, 11⁄2 percent per month interest 

on the outstanding balance, including 

any late payment and accrued interest, 

will be added to any accounts for which 

payment has not been received by the 

Board within 60 calendar days after the 

day assessments are due. Interest will 

continue to accrue monthly until the 

outstanding balance is paid to the 

Board. 

Dated: October 23, 2014. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2014–25657 Filed 10–28–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 103 

[CIS No. 2517–11; Docket No. USCIS–2012– 

0006] 

RIN 1615–AC01 

Notices of Decisions and Documents 

Evidencing Lawful Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The Department of Homeland 

Security (DHS) is amending its 

regulations governing when U.S. 

Citizenship and Immigration Services 

(USCIS) will issue correspondence, 

notices of decisions, and documents 

evidencing lawful status in the United 

States to an applicant, petitioner, 

attorney, or accredited representative. 

Specifically, this final rule explains how 

USCIS will issue requests, notices, 

cards, and original documents to 

applicants, petitioners, and their 

attorneys or accredited representatives 

of record. This final rule also amends 

the regulations to allow represented 

applicants to specifically consent to and 

request that any notices, decisions, and 

secure identity documents be sent solely 

to the official business address of the 

applicants’ attorney or accredited 

representative, as reflected on a 

properly executed Notice of Entry of 

Appearance as Attorney or Accredited 

Representative. Further, through this 

final rule, DHS clarifies USCIS 

notification practices relating to 

represented parties. These changes will 

conform USCIS notice procedures to 

account for the full range of stakeholder 

norms, including industry preferences, 

in response to stakeholder comments. 

DATES: Effective Date: This final rule is 

effective on January 27, 2015. 

Comment Date: Written comments on 

the final rule must be submitted on or 

before December 29, 2014. Written 

comments on the Paperwork Reduction 

Act (PRA) section of this final rule 

(regarding the revisions to the Form G– 

28, Notice of Entry of Appearance as 

Attorney or Accredited Representative 

and Form G–28I, Notice of Entry of 

Appearance as Attorney in Matters 

Outside the Geographic Confines of the 

United States) must be submitted on or 

before November 28, 2014. 

ADDRESSES: You may submit comments, 

identified by DHS docket number 

USCIS–2012–0006 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: You may submit comments 

directly to USCIS by email at 

uscisfrcomment@uscis.dhs.gov. Include 

DHS docket number USCIS–2012–0006 

in the subject line of the message. 

• Mail: Comments may be submitted 

to: DHS, USCIS, Office of Policy and 

Strategy, Chief, Regulatory Coordination 

Division, 20 Massachusetts Avenue 

NW., Washington, DC 20529–2140. To 

ensure proper handling, please 

reference DHS docket number USCIS– 

2012–0006 on your correspondence. 

This mailing address may be used for 

paper, disk, or CD–ROM submissions. 

• Hand Delivery/Courier: Laura 

Dawkins, Chief, Regulatory 

Coordination Division, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 20 Massachusetts 

Avenue NW., Washington, DC 20529– 


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1The Homeland Security Act of 2002 transferred 

primary authority for the administration and 

enforcement of the immigration and naturalization 

laws to the Secretary of Homeland Security. See 

Public Law 107–296, section 1102(2), 116 Stat. 2135 

(Nov. 25, 2002), as amended by Pub. L. 108–7, 

section 105(a)(1), 117 Stat. 11 (Feb. 20, 2003) 

(codified at 8 U.S.C. 1103(a)); see also 6 U.S.C. 

271(b) (transfer of INS immigration benefits 

adjudication functions to USCIS). 

2140. Contact Telephone Number is 

(202) 272–8377. 

• Please refer to the PRA section of 

this final rule for instructions on how to 

submit comments regarding the 

revisions to Form G–28, Notice of Entry 

of Appearance as Attorney or 

Accredited Representative and Form G– 

28I, Notice of Entry of Appearance as 

Attorney in Matters Outside the 

Geographic Confines of the United 

States). 

FOR FURTHER INFORMATION CONTACT: 

Minas Khoudaghoulian, Chief, 

Adjustment and Naturalization Branch, 

Service Center Operations Directorate, 

Washington, DC, 20 Massachusetts Ave. 

NW., Washington, DC 20529. Email: 

Minas.Khoudaghoulian@uscis.dhs.gov. 

Telephone: (202) 272–1785. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

All interested parties are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this final 

rule. DHS and U.S. Citizenship and 

Immigration Services (USCIS) also 

invite comments that relate to the 

economic, environmental, or federalism 

effects that might result from this final 

rule. Comments that will provide the 

most assistance to USCIS in 

implementing these changes will 

reference a specific portion of the final 

rule, explain the reason for any 

recommended change, and include data, 

information, or authority that supports a 

recommended change. 

Instructions: All submissions must 

include the agency name and DHS 

Docket No. USCIS–2012–0006 for this 

rulemaking. Regardless of the method 

used for submitting comments or 

material, all submissions will be posted, 

without change, to the Federal 

eRulemaking Portal at http://

www.regulations.gov, and will include 

any personal information you provide. 

Therefore, submitting this information 

makes it public. You may wish to 

consider limiting the amount of 

personal information that you provide 

in any voluntary public comment 

submission you make to DHS. DHS may 

withhold information provided in 

comments from public viewing that it 

determines may impact the privacy of 

an individual or is offensive. For 

additional information, please read the 

Privacy Act notice that is available via 

the link in the footer of http://

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

II. Background 

USCIS generally sends original 

notices and documents to the applicant 

or petitioner who requested the 

immigration benefit. See 8 CFR 

103.2(b)(19). Under certain limited 

circumstances, notices to an 

unrepresented applicant or petitioner 

may be sent to a location or person 

designated by the applicant or 

petitioner. Examples of such situations 

would include a Violence Against 

Women Act self-petitioner who 

provides a ‘‘safe’’ address for mail or an 

applicant who is subject to legal 

guardianship. If the applicant or 

petitioner is represented by an attorney 

or accredited representative 

(collectively referred to as 

representatives), USCIS also will send a 

courtesy copy of such notices and 

documents to the representative. See 8 

CFR 103.2(a)(3), 292.5(a). In this rule, 

DHS updates and clarifies how 

applicants, petitioners, and their 

representatives will be notified of 

actions taken on their immigration 

benefit requests. 

Prior to 1994, the Immigration and 

Naturalization Service (INS),1 generally 

mailed two copies of every approval and 

denial notice in cases in which the 

applicant or petitioner was 

represented—one to the representative 

and one to the applicant or petitioner. 

See Changes in Processing Procedures 

for Certain Applications and Petitions 

for Immigration Benefits, 59 FR 1455, 

1463 (Jan. 11, 1994). In 1991, as part of 

a broader rule designed to simplify and 

streamline filing and processing of 

immigration benefits, INS proposed new 

notice procedures. See Changes in 

Processing Procedures for Certain 

Applications and Petitions for 

Immigration Benefits, 56 FR 61201, 

61207 (Dec. 2, 1991). Specifically, INS 

proposed that, where an applicant or 

petitioner is represented, all notices, 

cards and documents issued at approval 

would be sent to that representative. 

Documents produced after an approval 

notice was sent out, however, would be 

mailed directly to the applicant, with no 

confirmation to the representative. Id. 

Commenters on that proposed rule 

pointed to past problems with attorneys 

and accredited representatives receiving 

courtesy copies and argued that INS 

should continue to issue separate 

notices as a safeguard. See 59 FR 1455. 

INS agreed with the commenters and in 

the final rule required that separate 

notices would be sent to the applicant 

or petitioner and his or her authorized 

representative. Id. at 1463. 

III. Reason for This Change 

On August 29, 2011, DHS published 

a final rule addressing USCIS’s 

transformation initiative—a program to 

change USCIS business processes from 

a paper-based process to an electronic 

environment. Immigration Benefits 

Business Transformation, Increment I, 

76 FR 53764 (Aug. 29, 2011) (August 

2011 final rule). The August 2011 final 

rule removed references to form 

numbers, form titles, expired regulatory 

provisions, and descriptions of internal 

procedures, many of which will change 

as USCIS transitions from paper forms 

to its electronic immigration system 

USCIS Electronic Immigration System, 

also known as USCIS ELIS. DHS did not 

alter substantive provisions of the 

regulations but updated language in the 

regulations to facilitate filing and 

adjudication in an electronic 

environment. Among the provisions 

amended in the August 2011 final rule 

was 8 CFR 103.2(b)(19), which governs 

how USCIS will notify applicants, 

petitioners, and their representatives of 

actions taken on their immigration 

benefit requests. See 76 FR at 53780. 

Before the August 2011 rule, 8 CFR 

103.2(b)(19) provided that notices and 

secure documents would go directly to 

the applicant or petitioner, where the 

applicant and petitioner were 

unrepresented. The rule also provided 

that when applicants or petitioners were 

represented, USCIS would also send 

notices to the attorney of record or 

accredited representative. In the August 

2011 final rule, DHS revised 8 CFR 

103.2(b)(19). See 76 FR at 53781. 

In response to the August 2011 final 

rule, many USCIS stakeholders, 

including several large employers, 

colleges, universities, and law firms, 

asked USCIS to clarify its notification 

process. Some stakeholders noted that it 

is a common business practice for 

employers to have their representatives 

receive and distribute documents to 

their international workforce. They also 

noted that USCIS has routinely sent 

original notices to attorneys or 

accredited representatives. The 

stakeholders asked USCIS to clarify that 

the August 2011 final rule did not 

change this practice and urged that 

USCIS maintain its current practice. 

DHS agrees that a clarification is 

needed. DHS has been informed by 

stakeholders that large corporations, 


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universities, and employers of foreign 

workers prefer having notices or 

decisions regarding petitions they have 

filed on behalf of their employees sent 

to one centralized location, such as the 

corporation’s in house counsel, the 

employer’s legal representative, or the 

company’s human resources 

department. As previously stated, 

USCIS will continue its prior practice of 

sending original notices for benefit 

requests to attorneys or accredited 

representatives. Nevertheless, DHS does 

not believe that the current regulations 

are sufficiently clear on this point. 

Consequently, in this final rule, DHS 

will amend its regulations in several 

ways. First, USCIS will clarify that it 

will send notices only to the applicant 

or petitioner when the applicant or 

petitioner is unrepresented. See new 8 

CFR 103.2(b)(19)(i). Second, if USCIS 

has been properly notified that the 

person or entity filing the benefit 

request is represented by an attorney or 

accredited representative recognized by 

the Department of Justice, Board of 

Immigration Appeals, USCIS will send 

notices to the applicant or petitioner 

who filed the benefit request and to 

their attorney or accredited 

representative of record. See new 8 CFR 

103.2(b)(19)(ii)(A). Third, if provided for 

in the applicable form, form 

instructions, or regulations for a specific 

benefit request, an applicant or 

petitioner may request that USCIS send 

original notices and documents only to 

the official business address of their 

attorney or accredited representative, as 

reflected on a properly executed Notice 

of Entry of Appearance as Attorney or 

Accredited Representative, with a 

courtesy copy being sent to the 

applicant or petitioner for their records. 

See id. Fourth, for applications or 

petitions filed electronically, USCIS will 

notify both the applicant or petitioner 

and the authorized attorney or 

accredited representative electronically 

of any notices or decisions. Electronic 

notification will not be provided, 

however, if the applicant or petitioner 

specifically requests to receive paper 

notices or decisions by mail, or if USCIS 

determines that issuing a paper notice 

or decision for an electronically-filed 

application or petition is warranted. See 

new 8 CFR 103.2(b)(19)(ii)(B). Fifth, 

USCIS has codified its current practice 

of sending Form I–797, Notice of 

Action, as an approval notice with a 

tear-off I–94, Arrival-Departure Record, 

to the applicant’s or petitioner’s 

attorney or accredited representative. 

Currently, applicants who are approved 

for an extension of stay or change of 

status receive a Form I–797, Notice of 

Action that has a tear-off I–94, which 

the applicant can use as evidence of his 

or her current lawful status. For 

applicants or petitioners who are 

represented, USCIS will continue to 

send these notices only to the official 

business address of their attorneys or 

accredited representatives, as reflected 

on a properly executed Notice of Entry 

of Appearance as Attorney or 

Accredited Representative, unless the 

applicant or petitioner specifically 

request that USCIS instead send it to his 

or her mailing address. Finally, USCIS 

will continue to send original secure 

identification documents, such as 

Permanent Resident Cards and 

Employment Authorization Documents, 

only to the applicant or petitioner (when 

the alien is a self-petitioner), unless the 

applicant or self-petitioner specifically 

consents to having the secure 

identification document sent to his or 

her attorney of record or accredited 

representative. The Notice of Entry of 

Appearance as Attorney or Accredited 

Representative or the online 

representative account profile in 

USCIS’s electronic immigration system 

must reflect the official business address 

of the attorney or accredited 

representative in the address section. 

See new 8 CFR 103.2(b)(19)(iii). These 

changes will conform USCIS’s notice 

procedures with industry norms in 

response to stakeholder comments. 

IV. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(APA) requires DHS to provide public 

notice and seek public comment on 

substantive regulations. See 5 U.S.C. 

553. The APA, however, provides 

limited exceptions to this requirement 

for notice and public comment, 

including for ‘‘rules of agency 

organization, procedure or practice.’’ 5 

U.S.C. 553(b)(A). 

This final rule addresses requirements 

that are procedural in nature and does 

not alter the substantive rights of 

individuals. In this final rule, DHS 

clarifies policies for sending notices, 

copies, and originals of correspondence, 

decisions, and secure identification 

documents to applicants, petitioners, 

attorneys and accredited 

representatives. These minor changes to 

USCIS mailing procedures do not alter 

a substantive right. Therefore, since this 

final rule is procedural, notice and 

opportunity for public comment are not 

required. See 5 U.S.C. 553(b)(A). DHS 

nevertheless invites comments on this 

final rule and will consider all timely 

comments submitted during the public 

comment period as described in the 

‘‘Addresses’’ section. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

mandates that DHS conduct a regulatory 

flexibility analysis when it publishes 

any general notice of proposed 

rulemaking. 5 U.S.C. 603(a). RFA 

analysis is not required when a rule is 

exempt from notice-and-comment 

rulemaking. DHS has determined that 

this rule is exempt from the notice-andcomment requirements in 5 U.S.C. 553, 

and, therefore, a regulatory flexibility 

analysis is not required. 

C. Unfunded Mandates Reform Act of 

1995 

This final 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. 

D. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This final rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 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 U.S.-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

E. Executive Order 12866 and Executive 

Order 13563 

DHS does not consider this final rule 

to be a ‘‘significant regulatory action’’ 

under Executive Order 12866, section 

3(f), Regulatory Planning and Review, as 

supplemented by Executive Order 

13563. Based on DHS’s preliminary 

analysis, this final rule is cost neutral as 

it imposes no costs and does not result 

in discernible monetary benefits. 

Accordingly, this final rule has not been 

submitted to the Office of Management 

and Budget (OMB) for review. 

DHS is pursuing this regulatory action 

to accord its regulations with industry 

norms and stakeholder requests. This 

final rule makes two clarifications and 

one change. First, the regulation will 

clarify that USCIS will send original 

notices and documents only to the 

applicant or petitioner if he or she is not 

represented by an attorney or accredited 


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2 DHS is the authoritative regulatory actor that is 

carrying out this rulemaking. USCIS is the 

component of DHS that manages its forms and 

publishes Federal Register notices under the 

Paperwork Reduction Act. Thus, USCIS is 

referenced as the actor in the Paperwork Reduction 

Act section of this preamble with regard to the form 

revisions. 

3See Agency Information Collection Activities: 

Notice of Entry of Appearance as Attorney or 

Accredited Representative; Notice of Entry of 

Appearance as Attorney In Matters Outside the 

Geographical Confines of the United States, Form 

G–28; G–28I; Revision of a Currently Approved 

Collection, 79 FR 28757 (May 19, 2014). 

representative, recognized by the BIA, 

who has filed a Form G–28, Notice of 

Entry of Appearance as Attorney or 

Accredited Representative or a Form G– 

28I, Notice of Entry of Appearance as 

Attorney in Matters Outside the 

Geographic Confines of the United 

States. See 8 CFR 292.4(a), 292.5(a). 

Second, if the applicant or petitioner is 

represented, USCIS generally will send 

original notices and documents both to 

the applicant or petitioner and to their 

attorney or accredited representative. 

This regulation will allow applicants 

and petitioners to choose to have USCIS 

mail original notices and documents 

only to their attorneys or accredited 

representatives if USCIS indicates that 

this option is available through the 

USCIS online application system, 

applicable forms, form instructions, or 

regulations for a specific benefit request. 

As stated earlier in this preamble, some 

stakeholders noted that it is a common 

business practice for employers to have 

their representatives receive and 

distribute documents to their 

international workforce. Because this 

final rule provides that option for the 

employer, employers will benefit from 

not being required to adjust their 

internal processes to match USCIS 

notice practices. DHS may amend a 

form in the course of regular program 

administration to expand the options for 

the mailing of notices at its discretion, 

but will incur no cost as a direct result 

of this final rule. Employers generally 

prefer that original notices and 

documents from USCIS are sent only to 

their representatives, thus DHS expects 

no cost to result from indicating to 

which address applicants or petitioners 

want notices sent. In addition, attorneys 

or representatives already transmit 

documents to the aliens and petitioners 

they represent based on where the alien 

or petitioner needs or desires to 

maintain the original, so this rule 

should impose no additional record 

keeping burden. 

DHS also is revising the regulation to 

provide that two originals will be sent 

in the case of represented parties 

instead of the current practice of 

sending one original and one courtesy 

copy. This will not result in any 

additional costs because the costs for 

issuing an original of a USCIS notice, 

such as printing and mailing, would be 

similar to the costs for issuing a copy. 

Finally, the quantity of notices and 

documents sent will not change, only 

where and how they are sent. Therefore, 

DHS estimates that these two 

clarifications and change will not result 

in a direct cost to USCIS or to an 

applicant or petitioner, though 

applicants and petitioners may benefit 

from the clarifications. 

F. Executive Order 13132 

This final rule will not have 

substantial direct effects on the States, 

on the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, DHS has determined that 

this rule does not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism summary 

impact statement. 

G. Executive Order 12988: Civil Justice 

Reform 

This final rule meets the applicable 

standards set forth in sections 3(a) and 

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

H. Paperwork Reduction Act 

Under the PRA, 44 U.S.C. chapter 35, 

all Departments are required to submit 

to OMB, for review and approval, any 

reporting requirements inherent in a 

rule. USCIS 2 is revising the Notice of 

Entry of Appearance as Attorney or 

Accredited Representative (Form G–28) 

and the Notice of Entry of Appearance 

as Attorney In Matters Outside the 

Geographical Confines of the United 

States (Form G–28I), and their 

associated form instructions to prepare 

the forms for filing availability in USCIS 

ELIS, to add a foreign address and 

foreign phone number field, and to 

make plain language changes. In 

addition Forms G–28 and G–28I are 

revised to add check-boxes that will 

implement the changes this final rule 

makes to 8 CFR 103.2(b)(19). 

Specifically, USCIS is revising the forms 

to provide that, for represented parties, 

DHS will send all original notices 

regarding any application or petition 

filed with DHS to both the applicants or 

petitioners and the attorney of record or 

accredited representative either through 

the mail or electronic delivery. 

However, on the Form G–28 and Form 

G–28I, unless otherwise provided in the 

applicable regulations or form 

instructions, the applicant or petitioner 

may instruct USCIS to send any original 

notice regarding an application or 

petition that he or she has filed with 

USCIS, including Requests for Evidence 

and notices of decision, to the official 

business address of their attorney of 

record or accredited representative as 

listed in the form. USCIS is also revising 

the G–28/28I to provide that, for 

represented parties, DHS will only send 

Form I–94, Arrival-Departure Record or 

any secure identity document, such as 

a Permanent Resident Card or 

Employment Authorization Document, 

for which he or she is approved, to the 

applicant or petitioner (where the 

individual is a self-petitioner/

beneficiary), unless the applicant or 

self-petitioner/beneficiary instructs 

USCIS to send the secure identity 

document to the official business 

address of his or her attorney of record 

or accredited representative. See new 8 

CFR 103.2(b)(19)(i)–(iii). 

The revised Forms G–28 and G–28I 

have been submitted to the Office of 

Management Budget (OMB) for review 

and approval under procedures covered 

under the PRA. USCIS is requesting 

comments on this information 

collection for 30-days until November 

28, 2014. USCIS previously published a 

notice in the Federal Register in 

connection with this information 

collection on May 19, 2014 at 79 FR 

28757.3 DHS received 8 comments in 

connection with this notice during the 

60-day comment period. Public 

comments were submitted by 7 

individuals and one organization. All of 

the comments are summarized and 

addressed as follows. 

Two commenters requested that 

USCIS reprogram the Form G–28/28I 

that may be completed on a computer 

(‘‘fillable form’’) to permit more 

alphabetic characters than it currently 

permits attorneys to insert. Both of these 

commenters also requested that the 

fillable data fields permit the insertion 

of non-textual and special characters in 

addition to alphabetic characters. In 

response, USCIS cannot expand the 

number of characters permitted in the 

form’s data fields or permit symbols and 

special characters. The technology used 

for the bar coding of the forms and the 

upload of the forms incorporates data 

standards that are intended to insure the 

integrity of the data that is captured and 

facilitate the flow of the data into 

information collection, storage and 

reporting systems. The form data 

standards impose limits on the size of 

fields and the use of special characters 

based on what past results and research 


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show are the parameters that provide 

the best results while still serving the 

needs of respondents and DHS. As such, 

the data fields cannot permit an 

unlimited number or type of characters. 

Nevertheless, USCIS believes the data 

elements can accommodate the 

requirements of most attorneys and 

accredited representatives. USCIS also 

provides a new Part 6. Additional 

Information section in the form to allow 

respondents to add or address any 

additional responses that may exceed 

the current field limits. 

One commenter requested that USCIS 

add a space on the Form G–28/28I to 

indicate who is an authorized signatory 

for represented entities that are filing 

the related immigration benefit request. 

USCIS understands that who is an 

authorized signatory for an entity is not 

defined on all USCIS forms or by 

regulations and it may not always be 

clear. Nevertheless, Form G–28/28I is 

not the proper form for entities to use 

to designate an authorized signatory 

because it is used only to identify the 

petitioner/applicant’s attorney or 

accredited representative of record to 

DHS. DHS and USCIS will explore 

whether this issue needs to be 

addressed in a future rulemaking, field 

office guidance, form instructions, or 

other policy instruments. Meanwhile, 

all benefit requests require the person 

signing the request to possess the 

authority to file the request on the 

applicant or petitioner’s behalf. Where 

USCIS has reason to doubt the person’s 

authority to sign, we may send a request 

for evidence as necessary to establish 

that the person has the requisite 

authority. 

One commenter requested that USCIS 

move all signature blocks to the same 

place at bottom of the page. USCIS is 

uncertain what the commenter is 

requesting. The signature of the 

applicant, petitioner, or respondent 

precedes the signature of the attorney or 

accredited representative on the final 

page of the Form G–28/28I, and they are 

followed only by a section of the form 

which permits necessary additional 

information. The commenter is invited 

to submit clarifying comments in 

response to this notice. 

One commenter complained that 

USCIS regularly fails to associate a new 

Form G–28/28I with the case when the 

form is filed to indicate that a pending, 

previously unrepresented filer, now has 

representation, or when the filer of the 

benefit request submits a new Form 

G–28/28I to indicate that it has a new 

representative. USCIS endeavors to 

make sure that each case reflects that it 

is subject to representation when a valid 

Form G–28/28I is filed. Nonetheless, 

USCIS processes millions of 

immigration benefit requests per year 

and much of the adjudication continues 

to be a paper-reliant process. As cases 

are adjudicated, files proceed through a 

number of steps, including intake, 

receipting, background and security 

checks, and routing to the proper office 

for further processing. As a result, 

immediately associating a subsequently 

filed Form G–28/28I with the client’s 

case is not always possible. 

Nonetheless, USCIS appreciates the 

commenter’s views and will strive to 

improve the precision of its process and 

service to its customers. If any attorney 

or accredited representative is 

concerned that his or her G–28/G–28I 

has not reached the appropriate USCIS 

office, we encourage you to contact the 

National Customer Service Line for 

information on how to the notify the 

appropriate USCIS office handling your 

client’s case of your authorized 

representation. 

One commenter has asked USCIS to 

revise the fillable form to allow the 

attorney to write in the state two-letter 

abbreviations without requiring that 

they search through an alphabetical 

listing of all state abbreviations in a 

drop-down menu. USCIS agrees with 

this comment. Thus, we will adopt the 

suggestion when we revise the form. 

One commenter requested that the 

form permit a period to be placed in the 

address data element so, for example, 

addresses such as North Main Street 

may be N. Main, Court may be Ct., and 

Boulevard can be Blvd. As stated 

previously, USCIS follows standards in 

form development that insure the 

integrity of the data collected and 

uploaded into its systems. In addition, 

guidance from the U.S. Postal Service 

about addressing mail states: ‘‘Avoid 

commas, periods, or other 

punctuation—it helps your mailpiece 

speed through our processing 

equipment.’’ See https://www.usps.com/ 

ship/addressing-tips.htm. Thus, the 

commenter’s suggestion is not adopted. 

In the notice, USCIS requested 

comments on the new features of Form 

G–28/G–28I regarding the USCIS 

notification practices relating to 

represented parties that DHS is 

promulgating in this final rule. One 

commenter suggested that DHS should 

send all original correspondence, 

including notices, Permanent Resident 

Cards, and Employment Authorization 

Documents, to the attorney of record 

when USCIS has been informed that the 

filer is represented. The commenter 

suggested that only courtesy copies be 

sent to the represented party, because 

their clients often move and the mail 

may not make it to them at their new 

address. 

DHS and USCIS understand and 

appreciate the commenters view. As 

stated elsewhere in this preamble, 

however, INS proposed in 1991 that all 

notices, cards and documents be sent to 

the representative as the commenter 

suggests. Commenters largely opposed 

the proposal and argued that INS should 

continue to issue separate notices. See 

59 FR 1455. INS agreed with the 

commenters and in the final rule 

required separate notices to be sent to 

the applicant or petitioner and his or 

her authorized representative. Id. at 

1463. One commenter on this notice 

requested this change. The commenter’s 

suggestion will not be adopted and the 

represented client will be permitted to 

choose where notices and secure 

identity documents are sent. 

One commenter requested that USCIS 

add a column for Department of State 

filings in Part 3, section 1, of the Form 

G–28/28I. The comment did not expand 

on that request. Part 3 of the form is the 

Eligibility Information for the Attorney. 

USCIS knows of no edit to that section 

that would convey that the 

representation involves a filing at a U.S. 

consulate or embassy. In addition, while 

several USCIS immigration benefit 

requests permit filing at a U.S. consulate 

or embassy, the commenter did not 

provide a reason why such a distinction 

is necessary or helpful on Form G–28/ 

28I and USCIS knows of none. Thus the 

suggestion is not adopted. USCIS 

welcomes a comment on this notice 

from the commenter clarifying the 

suggestion. 

One commenter also requested that 

the Form G–28/28I be revised to permit 

the attorney to enter a foreign state and 

province in Section 3, parts 6d and 6e. 

Neither Form G–28 nor Form G–28I 

includes a Section 3, nor do they 

include a part 6d or 6e. Perhaps USCIS 

has misunderstood the comment, 

because both forms already permit 

inclusion of foreign states and 

provinces. Thus no changes are made in 

response to this comment. DHS invites 

the commenter to submit a scanned pen 

and ink markup of his suggested edits 

in response to this 30-day notice that 

shows the changes the commenter had 

in mind. 

One commenter requested that USCIS 

add Internet hyperlinks to the form and 

docket in addition to the docket number 

in all Federal Register notices 

published for a form revision as 

required by the PRA. USCIS appreciates 

how much more convenient it is to click 

on an Internet hyperlink that takes you 

directly to the form or part of a Web site 

upon which you wish to comment 


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64304 Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 

instead of being required to use one’s 

intuition to navigate through the parts of 

a Web site to find a desired document. 

We would adopt this comment if we 

could. The timing and process of a 

Federal Register notice, however, 

precludes USCIS from knowing the 

precise uniform resource locator (URL) 

for viewing the forms until after it has 

been published. In addition, for ease in 

handling comments, and maintaining 

the docket, DHS wants to utilize the 

Federal Docket Management System 

docket at http://www.regulations.gov for 

the official versions of the forms and all 

comments received on each information 

collection request. If a form cannot be 

found on the Internet, a copy will be 

provided upon request as indicated in 

the Federal Register notice. 

One commenter requests that USCIS 

change question 9 on the Form G–28/28I 

to ask for the telephone number at 

which the individual can best be 

reached, and not ask for a mobile 

number. USCIS understands the 

comment and agrees that there should 

be a field to capture the daytime 

telephone number for the applicant or 

petitioner as the primary contact 

number. USCIS, however, will not 

delete the mobile telephone number as 

a data element. USCIS asks for the 

mobile telephone number in Item 

Number 9 to facilitate USCIS text 

message updates to the applicant and 

petitioner or represented party. For 

clarification, USCIS will add the words 

‘‘(if any)’’ after the words ‘‘Mobile 

Telephone Number’’ to avoid any 

implication that a mobile telephone 

number is mandatory. 

One commenter asked USCIS to 

specify what notices and documents the 

client will receive and what notices and 

documents the attorney will receive if 

no box is checked on Form G–28/28I, if 

only box 2a is checked, if only box 2b 

is checked, or if both boxes are checked 

on the form. The commenter did not 

indicate where or in what manner they 

are suggesting USCIS provide that 

information. Nevertheless, this final rule 

explains what type of notices, 

documents, and situations to which 

these changes apply much more in 

depth than what we provide in the 

instructions for Form G–28/28I or the 

Federal Register notice. USCIS believes 

the additional explanation in this final 

rule will clarify this issue for the 

commenter. No additional changes will 

be made in response to the comment. 

One commenter requested that USCIS 

change the Form G–28/G–28I signature 

requirements to conform to that of U.S. 

Immigration and Customs Enforcement 

(ICE). The commenter stated that ICE 

does not require represented parties to 

sign Form G–28 when they are in ICE 

custody or detention. DHS regulations at 

8 CFR 103.2(a)(3) and 8 CFR 292.4(a) 

require individuals to sign Form G–28/ 

28I. The regulations provide no 

exemption for individuals who are in 

the custody of law enforcement. Thus, 

USCIS cannot adopt the commenter’s 

suggestion. 

Finally, two commenters expressed 

general and strong support for the 

changes that USCIS proposed to make to 

the Form G–28. No commenters 

opposed the proposed changes. 

When submitting comments on this 

information collection, your comments 

should address one or more of the 

following four points. 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of Information Collection 

(1) Type of information collection: 

Revised information collection. 

(2) Abstract: This information 

collection is used by DHS to determine 

eligibility of the individual to appear as 

an authorized attorney or accredited 

representative. Form G–28 is used by 

attorneys admitted to practice in the 

United States and accredited 

representatives of charitable 

organizations recognized by the 

Executive Office for Immigration 

Review, Board of Immigration Appeals. 

Form G–28I is used by attorneys 

admitted to the practice of law in 

countries other than the United States 

and applies only to representation in 

matters in DHS offices outside the 

geographical confines of the United 

States. If the representative is eligible, 

the form is filed with the case and the 

information is entered into DHS systems 

for whatever type of application or 

petition it may be. 

(3) Title of Form/Collection: Notice of 

Entry of Appearance as Attorney or 

Accredited Representative and the 

Notice of Entry of Appearance as 

Attorney in Matters Outside the 

Geographical Confines of the United 

States. 

(4) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form G–28 

and Form G–28I. 

(5) Affected public who will be asked 

or required to respond: Business or 

other for-profit. The information 

collected on Form G–28 and Form 

G–28I allows an attorney to identify his 

or her representation of a person in 

matters either within the geographical 

confines of the United States, or outside 

of the geographical confines of the 

United States respectively. 

(6) An estimate of the total number of 

annual respondents: For the paper Form 

G–28, 2,223,700 respondents with an 

average response time of .833 hour (50 

minutes); for the USCIS ELIS-filed Form 

G–28, 281,950 respondents with and 

average response time of .667 hour (40 

minutes); for the paper Form G–28I, 

25,057 respondents with an average 

response time of .833 hour (50 minutes). 

(7) An estimate of the total public 

burden (in hours) associated with the 

collection: 2,057,943 annual burden 

hours. 

Written comments and/or suggestions 

regarding the estimated public burden 

and associated response time should be 

directed to DHS and to the OMB USCIS 

Desk Officer. Comments may be 

submitted to DHS as provided in the 

ADDRESSES section of this preamble and 

to the OMB USCIS Desk Officer via 

facsimile at 202–395–5806 or via email 

at oira_submission@omb.eop.gov. When 

submitting comments by email, please 

make sure to add OMB Control Number 

1615–0026 in the subject box. All 

submissions received must include the 

agency name, OMB Control Number and 

Docket ID. 

List of Subjects in 8 CFR Part 103 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

information, Immigration, Privacy, 

Reporting and recordkeeping 

requirements, Surety bonds. 

Accordingly, DHS is amending part 

103 of chapter I of title 8 of the Code 

of Federal Regulations to read as 

follows: 

PART 103—IMMIGRANT BENEFITS; 

BIOMETRIC REQUIREMENTS: 

AVAILABILITY OF RECORDS 

■ 1. The authority citation for part 103 

continues to read as follows: 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 64305 

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 

1101, 1103, 1304, 1356, 1356b; 31 U.S.C. 

9701; Public Law 107–296, 116 Stat. 2135 (6 

U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 

15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 

2; Pub. L. 112–54. 

Subpart A—Applying for Benefits, 

Surety Bonds, Fees 

■ 2. Section 103.2(b)(19) is revised to 

read as follows: 

§ 103.2 Submission and adjudication of 

benefit requests. 

* * * * * 

(b) * * * 

(19) Notification. (i) Unrepresented 

applicants or petitioners. USCIS will 

only send original notices and 

documents evidencing lawful status 

based on the approval of a benefit 

request directly to the applicant or 

petitioner if the applicant or petitioner 

is not represented. 

(ii) Represented applicants or 

petitioners. (A) Notices. When an 

applicant or petitioner is represented, 

USCIS will send original notices both to 

the applicant or petitioner and his or 

her authorized attorney or accredited 

representative. If provided in this title, 

on the applicable form, or on form 

instructions, an applicant or petitioner 

filing a paper application or petition 

may request that all original notices, 

such as requests for evidence and 

notices of decision, only be sent to the 

official business address of the 

applicant’s or petitioner’s authorized 

attorney or accredited representative, as 

reflected on a properly executed Notice 

of Entry of Appearance as Attorney or 

Accredited Representative. In such 

instances, a courtesy copy of the 

original notice will be sent to the 

applicant or petitioner. 

(B) Electronic notices. For 

applications or petitions filed 

electronically, USCIS will notify both 

the applicant or petitioner and the 

authorized attorney or accredited 

representative electronically of any 

notices or decisions. Except as provided 

in paragraph (b)(19)(ii)(C) of this 

section, USCIS will not issue paper 

notices or decisions for electronicallyfiled applications or petitions, unless: 

(1) The option exists for the applicant 

or petitioner to request to receive paper 

notices or decisions by mail through the 

U.S. Postal Service, by indicating this 

preference in his or her electronic 

online account profile in USCIS’s 

electronic immigration system; or 

(2) USCIS, in its discretion, 

determines that issuing a paper notice 

or decision for an electronically-filed 

application or petition is warranted. 

(C) Approval notices with attached 

Arrival-Departure Records. USCIS will 

send an original paper approval notice 

with an attached Arrival-Departure 

Record, reflecting USCIS’s approval of 

an applicant’s request for an extension 

of stay or change of status, to the official 

business address of the applicant’s or 

petitioner’s attorney or accredited 

representative, as reflected on a 

properly executed Notice of Entry of 

Appearance as Attorney or Accredited 

Representative or in the address section 

of the online representative account 

profile in USCIS’s electronic 

immigration system, unless the 

applicant specifically requests that the 

original approval notice with an 

attached Arrival-Departure Record be 

sent directly to his or her mailing 

address. 

(iii) Secure identity documents. 

USCIS will send secure identification 

documents, such as a Permanent 

Resident Card or Employment 

Authorization Document, only to the 

applicant or self-petitioner unless the 

applicant or self-petitioner specifically 

consents to having his or her secure 

identification document sent to the 

official business address of the 

applicant’s or self-petitioner’s attorney 

of record or accredited representative, as 

reflected on a properly executed Notice 

of Entry of Appearance as Attorney or 

Accredited Representative or in the 

address section of the online 

representative account profile in 

USCIS’s electronic immigration system. 

* * * * * 

Jeh Charles Johnson, 

Secretary. 

[FR Doc. 2014–25622 Filed 10–28–14; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0285; Directorate 

Identifier 2014–NM–035–AD; Amendment 

39–17990; AD 2012–26–15 R1] 

RIN 2120–AA64 

Airworthiness Directives; Honeywell 

International Inc. Air Data Pressure 

Transducers 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; removal. 

SUMMARY: We are removing 

Airworthiness Directive (AD) 2012–26– 

15, which applied to certain Honeywell 

International Inc. air data pressure 

transducers as installed on various 

aircraft. AD 2012–26–15 required doing 

various tests or checks of equipment 

having certain air data pressure 

transducers, removing equipment if 

necessary, and reporting the results of 

the tests or checks. As an option to the 

tests or checks, AD 2012–26–15 allowed 

removal of affected equipment having 

certain air data pressure transducers. 

We issued AD 2012–26–15 to detect and 

correct inaccuracies of the pressure 

sensors, which could result in altitude, 

computed airspeed, true airspeed, and 

Mach computation errors. AD 2012–26– 

15 reported that these errors could 

reduce the ability of the flightcrew to 

maintain the safe flight of the aircraft 

and could result in consequent loss of 

control of the aircraft. Since we issued 

AD 2012–26–15, we have received new 

data indicating that the safety risk is 

lower than originally estimated. 

DATES: This AD becomes effective 

December 3, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2014-0285; or in 

person at the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Sreekant Sarma, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130L, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5351; fax: 562–627– 

5210; email: sreekant.sarma@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Honeywell 

International Inc. air data pressure 

transducers as installed on various 

aircraft. The NPRM published in the 

Federal Register on May 28, 2014 (79 

FR 30498). The NPRM was prompted by 

new data indicating that the safety risk 

is lower than originally estimated. The 

NPRM proposed to remove AD 2012– 

26–15, Amendment 39–17310 (78 FR 

1735, January 9, 2013). 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 


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