[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Pages 16525-16526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6961]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Rules
and Regulations
[[Page 16525]]
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Part 1274a
[EOIR No. 166F; AG Order No. 3260-2011]
RIN 1125-AA64
Reorganization of Regulations on Control of Employment of Aliens
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adopts without change an interim rule with
request for comments published in the Federal Register on January 15,
2009. The interim rule amended regulations of the Executive Office for
Immigration Review (EOIR), Department of Justice, by deleting the
unnecessary, duplicative provisions in part 1274a of chapter V in title
8 of the Code of Federal Regulations (CFR) that are the responsibility
of the Department of Homeland Security (DHS). This rule also revised
the remaining provisions in part 1274a to reference the applicable DHS
regulations.
DATES: This rule is effective March 24, 2011.
FOR FURTHER INFORMATION CONTACT: Robin M. Stutman, General Counsel,
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2600, Falls Church, Virginia 22041, telephone (703) 305-0470 (not a
toll-free call).
SUPPLEMENTARY INFORMATION: On January 15, 2009, the Department of
Justice published an interim rule with request for comments amending 8
CFR part 1274a. Reorganization of Regulations on Control of Employment
of Aliens, 74 FR 2337 (Jan. 15, 2009). The Homeland Security Act of
2002, as amended, transferred the functions of the former Immigration
and Naturalization Service (INS) from the Department of Justice to DHS;
however, it retained under the authority of the Attorney General the
functions of EOIR, a separate agency within the Department of Justice.
As the existing regulations often intermingled the responsibilities of
the former INS and EOIR, this transfer required a reorganization of
title 8 of the CFR in February 2003, including the establishment of a
new chapter V in 8 CFR pertaining to EOIR. As part of this
reorganization, a number of regulations pertaining to the
responsibilities of DHS intentionally were duplicated in the new
chapter V because those regulations also included provisions relating
to the responsibilities of EOIR. As explained in the interim rule, the
Department of Justice has determined that most of the duplicated
regulations in part 1274a pertain to functions that are DHS's
responsibility and do not need to be reproduced in EOIR's regulations
in chapter V. The interim rule deleted the unnecessary, duplicative
regulations in part 1274a and revised the remaining EOIR provisions to
reference the applicable DHS regulations.
The Department of Justice provided an opportunity for post-
promulgation comment even though this is a rule of internal agency
organization. The comment period ended March 16, 2009. Two comments
were received, including one from a legal service provider and another
from a member of the public. The first comment proposed adding a new
document--proof of asylee status--to the list of ``Documents that
Establish Employment Authorization'' in 8 CFR 274a.2. The Department
notes that the two sections mentioned by the commenter, 8 CFR 274a.2
and 274a.12, are DHS regulations and are not part of the EOIR
regulations. This comment appears to be addressing changes proposed by
DHS in its interim rule, Documents Acceptable for Employment
Eligibility Verification, 73 FR 76505 (Dec. 17, 2008). Furthermore, the
comment did not discuss EOIR's regulations or EOIR's interim rule. The
second comment expressed a general opinion about employment of aliens
in the United States and did not discuss EOIR's interim rule. As
neither comment addressed the changes set forth in the interim rule,
there is no reason to revise the provisions of that rule. Accordingly,
the interim rule amending 8 CFR part 1274a that was published on
January 15, 2009, is being adopted as a final rule without change.
Regulatory Requirements
Administrative Procedure Act
The Department of Justice provided an opportunity for post-
promulgation public comment under 5 U.S.C. 553, even though compliance
with the requirements in 5 U.S.C. 553 with regard to notice of proposed
rulemaking and delayed effective date is unnecessary. Such compliance
is unnecessary because this rule makes only technical amendments to the
organization, procedures, and practices of the Department of Justice to
improve the organization of the Department regulations, reflects the
transfer of functions contemplated by the Homeland Security Act of
2002, and recodifies existing regulations.
Regulatory Flexibility Act
As notice of proposed rulemaking is not required for this rule
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do not apply.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this interim rule because there are no new
or revised recordkeeping or reporting requirements.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, (SBREFA), 5
U.S.C. 804. This rule will not result in
[[Page 16526]]
an annual effect on the economy of $100 million or more; a major
increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Congressional Review Act
This action pertains to agency organization, procedures, and
practices and does not substantially affect the rights or obligations
of non-agency parties. Accordingly, it is not a ``rule'' as that term
is used by the Congressional Review Act (Subtitle E, SBREFA).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department of Justice has determined that this rule is not a
``significant regulatory action'' under section 3(f) of Executive Order
12866, Regulatory Planning and Review. Accordingly, this rule has not
been reviewed by the Office of Management and Budget (OMB).
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, the Department of Justice has determined that
this rule does not have sufficient federalism implications to warrant a
federalism summary impact statement.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.
List of Subjects in Part 1274a
Administrative practice and procedure, Immigration.
PART 1247a--[AMENDED]
0
Accordingly, the interim rule amending 8 CFR part 1274a that was
published at 74 FR 2337 on January 15, 2009, is adopted as a final rule
without change.
Dated: March 18, 2011.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2011-6961 Filed 3-23-11; 8:45 am]
BILLING CODE 4410-30-P