Nomenclature Changes Reflecting Creation of Department of Homeland Security, 34519-34522 [E6-8165]
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
(1) The applicant may demonstrate
that the operation and operational
capability of the installed electrical and
electronic systems that perform critical
functions are not adversely affected
when the aircraft is exposed to the
external HIRF threat environment
defined in the following table:
Frequency
Field strength
(volts per meter)
Peak
10 kHz–100 kHz .......
100 kHz–500 kHz .....
500 kHz–2 MHz ........
2 MHz–30 MHz .........
30 MHz–70 MHz .......
70 MHz–100 MHz .....
100 MHz–200 MHz ...
200 MHz–400 MHz ...
400 MHz–700 MHz ...
700 MHz–1 GHz .......
1 GHz–2 GHz ...........
2 GHz–4 GHz ...........
4 GHz–6 GHz ...........
6 GHz–8 GHz ...........
8 GHz–12 GHz .........
12 GHz–18 GHz .......
18 GHz–40 GHz .......
50
50
50
100
50
50
100
100
50
100
200
200
200
200
300
200
200
cprice-sewell on PROD1PC66 with RULES
The field strengths are expressed in terms
of peak root-mean-square (rms) values.
or,
(2) The applicant may demonstrate by
a system test and analysis that the
electrical and electronic systems that
perform critical functions can withstand
a minimum threat of 100 volts per meter
peak electrical strength, without the
benefit of airplane structural shielding,
in the frequency range of 10 KHz to 18
GHz. When using this test to show
compliance with the HIRF
requirements, no credit is given for
signal attenuation due to installation.
Data used for engine certification may
be used, when appropriate, for airplane
certification.
2. Electronic Engine Control System.
The installation of the electronic engine
control system must comply with the
requirements of § 23.1309(a) through (e)
at Amendment 23–49. The intent of this
requirement is not to re-evaluate the
inherent hardware reliability of the
control itself, but rather determine the
effects, including environmental effects
addressed in § 23.1309(e), on the
airplane systems and engine control
system when installing the control on
the airplane. When appropriate, engine
certification data may be used when
showing compliance with this
requirement.
With respect to compliance with
§ 23.1309(e), the levels required for
compliance shall be at the levels for
catastrophic failure conditions.
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BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Average
50
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100
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100
100
700
700
2000
3000
3000
1000
3000
2000
600
Issued in Kansas City, Missouri on June 7,
2006.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–9241 Filed 6–14–06; 8:45 am]
Food and Drug Administration
34519
per ton’’ column, in the entry for use of
lasalocid at 30 to 600 grams per ton in
combination with chlortetracycline at
500 to 4000 grams per ton, by removing
the second paragraph designation
‘‘(xxiii)’’ and by adding in its place the
paragraph designation ‘‘(xxviii)’’.
Dated: June 1, 2006.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. E6–9321 Filed 6–14–06; 8:45 am]
BILLING CODE 4160–01–S
21 CFR Part 558
New Animal Drugs for Use in Animal
Feeds; Lasalocid; Correction
AGENCY:
HHS.
[Public Notice 5362]
Final rule; correcting
amendments.
SUMMARY: The Food and Drug
Administration (FDA) is correcting a
document amending the animal drug
regulations to reflect approval of an
original new animal drug application
(NADA) that appeared in the Federal
Register of April 27, 2006 (71 FR
24814). FDA is correcting a paragraph
designation in the table for lasalocid
cattle feeds which was drafted in error.
This correction is being made to
improve the accuracy of the animal drug
regulations.
DATES: This rule is effective June 15,
2006.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9019, email: george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: For the
reasons set forth in the preamble, FDA
is correcting 21 CFR part 558 to read as
follows:
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
I
Authority: 21 U.S.C. 360b, 371.
[Amended]
2. Section 558.311 is corrected in the
table in the ‘‘Lasalocid sodium in grams
I
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22 CFR Parts 40, 41, and 42
Food and Drug Administration,
ACTION:
§ 558.311
DEPARTMENT OF STATE
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Nomenclature Changes Reflecting
Creation of Department of Homeland
Security
State Department.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule makes technical
nomenclature changes to Title 22 Code
of Federal Regulations (CFR) parts 40,
41, and 42 to properly reflect the
creation of the Department of Homeland
Security (DHS) and its assumption of
the functions of the former Immigration
and Naturalization Service (INS). This
rule also reflects changes to form
numbers on various visa-related forms.
Because the amendments are entirely
technical, the State Department is not
providing an opportunity for public
comment under the Administrative
Procedure Act ‘‘good cause’’ exemption.
DATES: Effective Date: This rule is
effective June 15, 2006.
Persons with access to the internet
may view this notice by going to the
regulations.gov Web site at: https://
www.regulations.gov/index.cfm.
FOR FURTHER INFORMATION CONTACT:
Barbara J. Kennedy, Legislation and
Regulations Division, Visa Services,
U.S. Department of State, 2401 E Street,
NW., Room L–603, Washington, DC
20520–0106; telephone 202–663–1206
or e-mail KennedyBJ@state.gov.
SUPPLEMENTARY INFORMATION:
Why is the Department Promulgating
This Rule?
On March 1, 2003, the INS’s functions
were transferred to the newly created
Department of Homeland Security
(DHS). The reorganization was required
by the Homeland Security Act of 2002,
Public Law No. 107–296 section 1502.
This final rule includes the changes that
reflect the transfer.
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
How is the Department Amending its
Regulations?
This rule reflects the transfer of
functions made by including these
changes in 22 CFR, parts 40, 41, and 42.
Regulatory Findings
Administrative Procedure Act
The Department’s implementation of
this regulation as a final rule is based
upon the ‘‘good cause’’ exceptions
found at 5 U.S.C. 553(b)(B). This action
is being taken without prior notice and
public comment. Section 553(b) of the
APA authorizes agencies to dispense
with certain notice procedures for rules
when they find ‘‘good cause’’ to do so.
The requirements of notice and
opportunity for comment do not apply
when the agency, for good cause, finds
that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Because the
changes being made are completely
technical, the Department has
determined that public comment is
unnecessary.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Department of State, in
accordance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612) and Executive Order 13272,
section 3(b), has evaluated the effects of
this action of small entities and has
determined and hereby certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities.
cprice-sewell on PROD1PC66 with RULES
The Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UFMA),
Public Law 104–4, 109 Stat. 48, 2 U.S.C.
1532, generally requires agencies to
prepare a statement before proposing
any rule that may result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private section. This rule will not
result in any such expenditure, nor will
it significantly or uniquely affect small
governments.
The Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996, Public Law 104–121. 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
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competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
import markets.
Executive Order 12866
The Department of State has reviewed
this rule to ensure its consistency with
the regulatory philosophy and
principles set forth in Executive Order
12866 and has determined that the
benefits of the regulation justify its
costs. The Department does not consider
the rule to be a ‘‘significant regulatory
action’’ within the scope of section
3(f)(1) of the Executive Order since it is
not likely to have an annual effect on
the economy of $100 million or more or
to adversely affect in a material way the
economy, a sector of the economy,
competition, jobs, the environment,
public health or safety, or State, local or
tribal governments or communities.
Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Nor will the rule
have federalism implications warranting
the application of Executive Orders No.
12372 and No. 13132.
§ 40.1
[Amended]
2. In § 40.1:
A. Remove paragraph (k);
B. Redesignate existing paragraphs (g),
(h), (i), and (j) as (h), (i), (j), and (k)
respectively;
I C. Add a new paragraph (g);
I D. In paragraph (l)(1), remove ‘‘Form
OF–156’’ and add ‘‘Form DS–156’’ in its
place;
I E. In paragraph (l)(2), remove ‘‘Form
OF–230’’ and add ‘‘Form DS–230’’ in its
place;
I F. In paragraph (p), remove
‘‘Commissioner of Immigration and
Naturalization,’’ and ‘‘INS,’’ and add
‘‘DHS’’ in its place wherever it appears;
The addition reads as follows:
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§ 40.1
Definitions.
*
*
*
*
*
(g) DHS means the Department of
Homeland Security.
*
*
*
*
*
§ 40.11
[Amended]
3. In § 40.11, in paragraph (b) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears, and remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place.
I
§ 40.21
[Amended]
4. In § 40.21, in paragraphs (a)(7) and
(b)(2), remove ‘‘INS’’ and add ‘‘DHS’’ in
its place wherever it appears.
I
§ 40.22
[Amended]
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulations in light of sections 3(a) and
3(b)(2) of Executive Order No. 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
5. In § 40.22, in paragraph (e) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. chapter 35.
§ 40.34
7. In § 40.34, in paragraph (g) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
List of Subjects in 22 CFR Parts 40, 41,
and 42
Aliens, Immigration, Students,
Passports and visas.
I In view of the foregoing, 22 CFR parts
40, 41, and 42 are amended as follows:
8. In § 40.41:
A. In paragraph (b) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place.
I B. In paragraph (d) remove ‘‘INS’’ and
add ‘‘DHS’’ in its place.
PART 40—[AMENDED]
§ 40.51
Regulations pertaining to both
nonimmigrants and immigrants under
the Immigration and Nationality Act, as
amended.
I 1. The authority citation for part 40
continues to read as follows:
Authority: 8 U.S.C. 1104.
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§ 40.24
[Amended]
6. In § 40.24, in paragraph (d) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
I
[Amended]
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§ 40.41
[Amended]
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[Amended]
9. In § 40.51, in paragraph (b) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place.
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§ 40.53
[Amended]
10. In § 40.53, in paragraph (a) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place.
I
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§ 40.63
[Amended]
§ 40.65
[Amended]
12. In § 40.65, in paragraph (b) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
I
§ 40.66
[Amended]
13. In § 40.66, in paragraph (b) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
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§ 40.91
14. In § 40.91, in paragraph (e) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place.
I
[Amended]
15. In § 40.92, in paragraph (c) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
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§ 40.93
[Amended]
16. In § 40.93 remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place.
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§ 40.105
§ 41.31
[Amended]
23. In § 41.31, in paragraph (a)(1)
remove ‘‘Attorney General’’ and add
‘‘Secretary of Homeland Security’’ in its
place.
§ 41.32
[Amended]
24. In § 41.32:
A. In paragraph (a)(2) remove ‘‘Form
OF–156’’ and add Form DS–156’’ in its
place;
I B. In paragraph (d)(2) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place.
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[Amended]
25. In § 41.33, in paragraph (c)(2)
remove ‘‘Attorney General’’ and add
‘‘Secretary of Homeland Security’’ in its
place.
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17. In § 40.105 remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place.
[Amended]
§ 41.51
18. In § 40.202, in paragraph (b)
remove ‘‘Attorney General’’ and add
‘‘Secretary of Homeland Security’’ in its
place.
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§ 40.301
[Amended]
22. In § 41.11, in paragraph (b)(2)
remove ‘‘Attorney General’’ and add
‘‘Secretary of Homeland Security’’ in its
place.
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§ 41.33
[Amended]
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§ 40.202
§ 41.11
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[Amended]
§ 40.92
B. In paragraph (j) remove
‘‘Immigration and Naturalization
Service’’ and add ‘‘Department of
Homeland Security’’ in its place, and
remove ‘‘INS’’ and add ‘‘DHS’’ wherever
it appears;
I
11. In § 40.63, in paragraph (c) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
I
[Amended]
[Amended]
26. In § 41.51, in paragraphs (a)(13)
and (b)(14) remove ‘‘Attorney General’’
and add ‘‘Secretary of Homeland
Security’’ in its place wherever it
appears.
I
19. In § 40.301:
A. In paragraph (a) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place;
I B. In paragraph (b) remove ‘‘INS’’ and
add ‘‘DHS’’ in its place wherever it
appears;
I C. In paragraph (c) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place
wherever it appears.
27. In § 41.53:
A. In paragraph (a)(2) remove ‘‘INS’’
and add ‘‘DHS’’ in its place wherever it
appears.
I B. In paragraph (b) remove
‘‘Immigration and Naturalization
Service’’ and add ‘‘Department of
Homeland Security’’ in its place.
I C. In paragraph (d) remove ‘‘INS’’ and
add ‘‘DHS’’ in its place.
PART 41—[AMENDED]
§ 41.54
Visas: Documentation of
nonimmigrants under the Immigration
and Nationality Act, as amended.
I 20. The authority citation for part 41
continues to read as follows:
28. In § 41.54:
A. In paragraphs (a)(2), (a)(3), (b) and
(d), remove ‘‘INS’’ and add ‘‘DHS’’ in its
place wherever it appears.
I B. In paragraph (e) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place.
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cprice-sewell on PROD1PC66 with RULES
Authority: 8 U.S.C. 1104; Public Law No.
05–277, 112 Stat. 2681–795 through 2681–
801.
§ 41.2
[Amended]
21. In § 41.2:
A. In the heading and in the first
sentence, remove ‘‘Attorney General’’
and add ‘‘Secretary of Homeland
Security’’ in its place wherever it
appears;
14:45 Jun 14, 2006
[Amended]
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[Amended]
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§ 41.55
[Amended]
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[Amended]
31. In § 41.57, in paragraphs (a)(1)(ii),
(a)(2) and (a)(4) remove ‘‘INS’’ and add
‘‘DHS’’ in its place wherever it appears.
I
§ 41.59
[Amended]
32. In § 41.59:
A. In paragraphs (a)(2) and (b) remove
‘‘INS’’ and add ‘‘DHS’’ in its place
wherever it appears.
I B. In paragraph (d) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place.
I
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§ 41.61
[Amended]
33. In § 41.61, in paragraphs (b)(1)(i)
and (c) remove ‘‘Attorney General’’ and
add ‘‘Secretary of Homeland Security’’
in its place wherever it appears.
I
§ 41.63
[Amended]
34. In § 41.63:
A. In paragraph (a)(2) remove
‘‘Commissioner of Immigration and
Naturalization’’ and add ‘‘Department of
Homeland Security’’ in its place, and
remove ‘‘Attorney General’’ and add
‘‘Secretary of Homeland Security’’ in its
place wherever it appears;
I B. In paragraph (a)(3) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place;
I C. In paragraph (b)(1) remove ‘‘INS
Form I–612’’ and add ‘‘DHS Form I–
612’’ in its place, and remove
‘‘Immigration and Naturalization
Service’’ and add ‘‘Department of
Homeland Security’’ in its place;
I D. In paragraph (b)(2)(i), remove ‘‘the
Commissioner of the Immigration and
Naturalization Service
(‘‘Commissioner’’)’’ and add ‘‘DHS’’ in
its place, and remove ‘‘the
Commissioner’’ and add ‘‘DHS’’ in its
place;
I E. In paragraph (b)(2)(ii), (b)(2)(iii),
(c)(5), (d)(2) and (e)(4) remove ‘‘the
Commissioner’’ and add ‘‘DHS’’ in its
place wherever it appears;
I F. In paragraph (f) remove ‘‘the
Immigration and Naturalization
Service’’ and add ‘‘DHS’’ in its place;
I G. In paragraph (g)(8) remove ‘‘the
Commissioner’’ and add ‘‘DHS’’ in its
place.
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§ 41.71
[Amended]
35. In § 41.71, in paragraph (b) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place.
I
§ 41.81
[Amended]
29. In § 41.55, in paragraphs (a)(2), (b)
and (d) remove ‘‘INS’’ and add ‘‘DHS’’
in its place wherever it appears.
36. In § 41.81, in paragraphs (a)(1) and
(b)(1) remove ‘‘INS’’ and add ‘‘DHS’’ in
its place wherever it appears.
§ 41.56
§ 41.83
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§ 41.53
§ 41.57
34521
[Amended]
30. In § 41.56, in paragraphs (a)(2), (b)
and (d) remove ‘‘INS’’ and add ‘‘DHS’’
in its place wherever it appears.
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[Amended]
37. In § 41.83:
A. In paragraphs (a)(2)(i)(A) and
(a)(2)(i)(B) remove ‘‘INS’’ and add
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
‘‘DHS’’ in its place, and remove ‘‘on
behalf of the Attorney General;’’
I B. In paragraph (b) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place
wherever it appears.
§ 42.1
[Amended]
47. In § 42.1, in paragraph (a) remove
‘‘INS’’ and add ‘‘The Department of
Homeland Security’’ in its place.
I
§ 42.2
38. In § 41.84, in paragraph (a)(3)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place.
§ 41.86
§ 42.21
[Amended]
I
[Amended]
39. In § 41.86, in paragraph (c) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
I
§ 41.103
[Amended]
40. In § 41.103, in the heading and in
paragraphs (a)(1), (a)(2), (b)(1), (b)(1)(i),
(b)(1)(ii), (b)(2), (b)(3) and (b)(4) remove
‘‘Form OF–156’’ and add ‘‘Form DS–
156’’ in its place wherever it appears.
I
§ 41.106
[Amended]
41. In § 41.106 remove ‘‘Form OF–
156’’ and add ‘‘Form DS–156’’ in its
place.
I
§ 41.108
[Amended]
[Amended]
44. In § 41.113:
I A. In paragraph (b) remove ‘‘Form
OF–232’’ and add ‘‘Form DS–232’’ In its
place wherever it appears;
I B. In paragraph (d)(2) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place;
I C. In paragraph (g) remove ‘‘Form OF–
156’’ and add ‘‘Form DS–156’’ in its
place wherever it appears, and remove
‘‘Form OF–232’’ and add Form DS–232’’
in its place;
I D. In paragraph (h) remove ‘‘Form
OF–156’’ and add ‘‘Form DS–156’’ in its
place.
[Amended]
45. In paragraphs (e), (h)(4), (h)(5) and
(h)(6), remove ‘‘INS’’ and add ‘‘DHS’’ in
its place wherever it appears.
I
PART 42—[AMENDED]
Visas: Documentation of immigrants
under the Immigration and Nationality
Act, as amended.
I 46. The authority citation for part 42
continues to read as follows:
Authority: 8 U.S.C. 1104; Public Law No.
107–56, Section 421.
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[Amended]
58. In § 42.74, in paragraphs (b)(2) and
(c) remove ‘‘Form OF–155A’’ and add
‘‘Form OF–155B’’ wherever it appears.
[Amended]
51. In § 42.32, in paragraphs (a)(1),
(b)(1), (c)(1), (d)(1)(i)(A), (d)(3)(i), (d)(4),
(d)(5)(i), (d)(6), (d)(7)(i), (d)(8)(i),
(d)(9)(i)(A) and (e)(1), remove ‘‘INS’’ and
add ‘‘DHS’’ in its place wherever it
appears.
I
[Amended]
§ 42.81
[Amended]
59. In § 42.81, in paragraph (b) remove
‘‘Form OF–230’’ and add ‘‘Form DS–
230’’ in its place wherever it appears.
I
§ 42.82
[Amended]
60. In § 42.82, in paragraph (e) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
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Dated: May 17, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. E6–8165 Filed 6–14–06; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
52. In § 42.43, in paragraph (a) and
(b)(1) remove ‘‘INS’’ and add ‘‘DHS’’ in
its place wherever it appears.
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§ 42.32
27 CFR Part 9
§ 42.51
RIN 1513–AA55
I
43. In § 41.112, in paragraphs (d)(1)(ii)
and (d)(2)(i) remove ‘‘INS’’ and add
‘‘DHS’’ in its place wherever appears.
§ 41.122
[Amended]
50. In § 42.31, in paragraph (a) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
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§ 42.43
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§ 41.113
[Amended]
49. In § 42.21, in paragraph (a) and (b)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place wherever it appears.
I
[Amended]
42. In § 41.108, in paragraph (b)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place.
I
§ 41.112
I
§ 42.31
§ 42.74
I
[Amended]
48. In § 42.2, in paragraph (g)(2)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place, and remove ‘‘Attorney General’’
and add ‘‘Secretary of Homeland
Security’’ in its place.
§ 41.84
I D. In paragraph (d) remove ‘‘Form
OF–155A’’ and add ‘‘Form OF–155B’’ in
its place.
[Amended]
53. In § 42.51, in paragraph (b),
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place.
I
§ 42.63
[Amended]
54. In § 42.63, in paragraphs (a)(1),
(a)(2),(b) and (c) remove ‘‘Form OF–
230’’ and add ‘‘Form DS–230’’ in its
place wherever it appears.
I
§ 42.67
[Amended]
55. In § 42.67, in paragraphs (a)(2) and
(c)(1) remove ‘‘Form OF–230’’ and add
‘‘Form DS–230’’ in its place wherever it
appears.
I
§ 42.71
[Amended]
56. In § 42.71, in paragraph (a) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
I
§ 42.73
[Amended]
57. In § 42.73:
A. In paragraphs (a) and (a)(6), remove
‘‘Form OF–155A’’ and add ‘‘Form OF–
55B in its place wherever it appears;’’
I B. In paragraph (b) remove ‘‘Form OF–
155A’’ and add ‘‘Form OF–155B’’ in its
place, and remove ‘‘Form OF–230’’ and
add ‘‘Form DS–230’’ in its place;
I C. In paragraph (c) remove ‘‘Form OF–
155A’’ and add ‘‘Form OF–155B’’ in its
place, and remove ‘‘Form OF–230’’ and
add ‘‘Form DS–230’’ in its place, and
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place;
I
I
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
[T.D. TTB–48; Re: Notice No. 44]
Expansion of San Francisco Bay and
Central Coast Viticultural Areas
(2002R–202P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
expands by approximately 20,000 acres
the San Francisco Bay viticultural area
and the Central Coast viticultural area in
California to conform to the expanded
boundary of the Livermore Valley
viticultural area. We designate
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase.
DATES: Effective Date: July 17, 2006.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, California 94952;
telephone 415–271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Rules and Regulations]
[Pages 34519-34522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8165]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 40, 41, and 42
[Public Notice 5362]
Nomenclature Changes Reflecting Creation of Department of
Homeland Security
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes technical nomenclature changes to Title 22
Code of Federal Regulations (CFR) parts 40, 41, and 42 to properly
reflect the creation of the Department of Homeland Security (DHS) and
its assumption of the functions of the former Immigration and
Naturalization Service (INS). This rule also reflects changes to form
numbers on various visa-related forms. Because the amendments are
entirely technical, the State Department is not providing an
opportunity for public comment under the Administrative Procedure Act
``good cause'' exemption.
DATES: Effective Date: This rule is effective June 15, 2006.
Persons with access to the internet may view this notice by going
to the regulations.gov Web site at: https://www.regulations.gov/
index.cfm.
FOR FURTHER INFORMATION CONTACT: Barbara J. Kennedy, Legislation and
Regulations Division, Visa Services, U.S. Department of State, 2401 E
Street, NW., Room L-603, Washington, DC 20520-0106; telephone 202-663-
1206 or e-mail KennedyBJ@state.gov.
SUPPLEMENTARY INFORMATION:
Why is the Department Promulgating This Rule?
On March 1, 2003, the INS's functions were transferred to the newly
created Department of Homeland Security (DHS). The reorganization was
required by the Homeland Security Act of 2002, Public Law No. 107-296
section 1502. This final rule includes the changes that reflect the
transfer.
[[Page 34520]]
How is the Department Amending its Regulations?
This rule reflects the transfer of functions made by including
these changes in 22 CFR, parts 40, 41, and 42.
Regulatory Findings
Administrative Procedure Act
The Department's implementation of this regulation as a final rule
is based upon the ``good cause'' exceptions found at 5 U.S.C.
553(b)(B). This action is being taken without prior notice and public
comment. Section 553(b) of the APA authorizes agencies to dispense with
certain notice procedures for rules when they find ``good cause'' to do
so. The requirements of notice and opportunity for comment do not apply
when the agency, for good cause, finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Because the changes being made are completely technical, the Department
has determined that public comment is unnecessary.
Regulatory Flexibility Act/Executive Order 13272: Small Business
The Department of State, in accordance with the Regulatory
Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) and Executive Order
13272, section 3(b), has evaluated the effects of this action of small
entities and has determined and hereby certifies that this rule will
not have a significant economic impact on a substantial number of small
entities.
The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA),
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires
agencies to prepare a statement before proposing any rule that may
result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private section. This rule will
not result in any such expenditure, nor will it significantly or
uniquely affect small governments.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign based companies in domestic and
import markets.
Executive Order 12866
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of the
regulation justify its costs. The Department does not consider the rule
to be a ``significant regulatory action'' within the scope of section
3(f)(1) of the Executive Order since it is not likely to have an annual
effect on the economy of $100 million or more or to adversely affect in
a material way the economy, a sector of the economy, competition, jobs,
the environment, public health or safety, or State, local or tribal
governments or communities.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders No. 12372
and No. 13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the regulations in light of sections
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter
35.
List of Subjects in 22 CFR Parts 40, 41, and 42
Aliens, Immigration, Students, Passports and visas.
0
In view of the foregoing, 22 CFR parts 40, 41, and 42 are amended as
follows:
PART 40--[AMENDED]
Regulations pertaining to both nonimmigrants and immigrants under
the Immigration and Nationality Act, as amended.
0
1. The authority citation for part 40 continues to read as follows:
Authority: 8 U.S.C. 1104.
Sec. 40.1 [Amended]
0
2. In Sec. 40.1:
0
A. Remove paragraph (k);
0
B. Redesignate existing paragraphs (g), (h), (i), and (j) as (h), (i),
(j), and (k) respectively;
0
C. Add a new paragraph (g);
0
D. In paragraph (l)(1), remove ``Form OF-156'' and add ``Form DS-156''
in its place;
0
E. In paragraph (l)(2), remove ``Form OF-230'' and add ``Form DS-230''
in its place;
0
F. In paragraph (p), remove ``Commissioner of Immigration and
Naturalization,'' and ``INS,'' and add ``DHS'' in its place wherever it
appears;
The addition reads as follows:
Sec. 40.1 Definitions.
* * * * *
(g) DHS means the Department of Homeland Security.
* * * * *
Sec. 40.11 [Amended]
0
3. In Sec. 40.11, in paragraph (b) remove ``INS'' and add ``DHS'' in
its place wherever it appears, and remove ``Attorney General'' and add
``Secretary of Homeland Security'' in its place.
Sec. 40.21 [Amended]
0
4. In Sec. 40.21, in paragraphs (a)(7) and (b)(2), remove ``INS'' and
add ``DHS'' in its place wherever it appears.
Sec. 40.22 [Amended]
0
5. In Sec. 40.22, in paragraph (e) remove ``INS'' and add ``DHS'' in
its place wherever it appears.
Sec. 40.24 [Amended]
0
6. In Sec. 40.24, in paragraph (d) remove ``INS'' and add ``DHS'' in
its place wherever it appears.
Sec. 40.34 [Amended]
0
7. In Sec. 40.34, in paragraph (g) remove ``INS'' and add ``DHS'' in
its place wherever it appears.
Sec. 40.41 [Amended]
0
8. In Sec. 40.41:
0
A. In paragraph (b) remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place.
0
B. In paragraph (d) remove ``INS'' and add ``DHS'' in its place.
Sec. 40.51 [Amended]
0
9. In Sec. 40.51, in paragraph (b) remove ``Attorney General'' and add
``Secretary of Homeland Security'' in its place.
Sec. 40.53 [Amended]
0
10. In Sec. 40.53, in paragraph (a) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
[[Page 34521]]
Sec. 40.63 [Amended]
0
11. In Sec. 40.63, in paragraph (c) remove ``INS'' and add ``DHS'' in
its place wherever it appears.
Sec. 40.65 [Amended]
0
12. In Sec. 40.65, in paragraph (b) remove ``INS'' and add ``DHS'' in
its place wherever it appears.
Sec. 40.66 [Amended]
0
13. In Sec. 40.66, in paragraph (b) remove ``INS'' and add ``DHS'' in
its place wherever it appears.
Sec. 40.91 [Amended]
0
14. In Sec. 40.91, in paragraph (e) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
Sec. 40.92 [Amended]
0
15. In Sec. 40.92, in paragraph (c) remove ``INS'' and add ``DHS'' in
its place.
Sec. 40.93 [Amended]
0
16. In Sec. 40.93 remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place.
Sec. 40.105 [Amended]
0
17. In Sec. 40.105 remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place.
Sec. 40.202 [Amended]
0
18. In Sec. 40.202, in paragraph (b) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
Sec. 40.301 [Amended]
0
19. In Sec. 40.301:
0
A. In paragraph (a) remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place;
0
B. In paragraph (b) remove ``INS'' and add ``DHS'' in its place
wherever it appears;
0
C. In paragraph (c) remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place wherever it appears.
PART 41--[AMENDED]
Visas: Documentation of nonimmigrants under the Immigration and
Nationality Act, as amended.
0
20. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Public Law No. 05-277, 112 Stat. 2681-
795 through 2681-801.
Sec. 41.2 [Amended]
0
21. In Sec. 41.2:
0
A. In the heading and in the first sentence, remove ``Attorney
General'' and add ``Secretary of Homeland Security'' in its place
wherever it appears;
0
B. In paragraph (j) remove ``Immigration and Naturalization Service''
and add ``Department of Homeland Security'' in its place, and remove
``INS'' and add ``DHS'' wherever it appears;
Sec. 41.11 [Amended]
0
22. In Sec. 41.11, in paragraph (b)(2) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
Sec. 41.31 [Amended]
0
23. In Sec. 41.31, in paragraph (a)(1) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
Sec. 41.32 [Amended]
0
24. In Sec. 41.32:
0
A. In paragraph (a)(2) remove ``Form OF-156'' and add Form DS-156'' in
its place;
0
B. In paragraph (d)(2) remove ``Attorney General'' and add ``Secretary
of Homeland Security'' in its place.
Sec. 41.33 [Amended]
0
25. In Sec. 41.33, in paragraph (c)(2) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
Sec. 41.51 [Amended]
0
26. In Sec. 41.51, in paragraphs (a)(13) and (b)(14) remove ``Attorney
General'' and add ``Secretary of Homeland Security'' in its place
wherever it appears.
Sec. 41.53 [Amended]
0
27. In Sec. 41.53:
0
A. In paragraph (a)(2) remove ``INS'' and add ``DHS'' in its place
wherever it appears.
0
B. In paragraph (b) remove ``Immigration and Naturalization Service''
and add ``Department of Homeland Security'' in its place.
0
C. In paragraph (d) remove ``INS'' and add ``DHS'' in its place.
Sec. 41.54 [Amended]
0
28. In Sec. 41.54:
0
A. In paragraphs (a)(2), (a)(3), (b) and (d), remove ``INS'' and add
``DHS'' in its place wherever it appears.
0
B. In paragraph (e) remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place.
Sec. 41.55 [Amended]
0
29. In Sec. 41.55, in paragraphs (a)(2), (b) and (d) remove ``INS''
and add ``DHS'' in its place wherever it appears.
Sec. 41.56 [Amended]
0
30. In Sec. 41.56, in paragraphs (a)(2), (b) and (d) remove ``INS''
and add ``DHS'' in its place wherever it appears.
Sec. 41.57 [Amended]
0
31. In Sec. 41.57, in paragraphs (a)(1)(ii), (a)(2) and (a)(4) remove
``INS'' and add ``DHS'' in its place wherever it appears.
Sec. 41.59 [Amended]
0
32. In Sec. 41.59:
0
A. In paragraphs (a)(2) and (b) remove ``INS'' and add ``DHS'' in its
place wherever it appears.
0
B. In paragraph (d) remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place.
Sec. 41.61 [Amended]
0
33. In Sec. 41.61, in paragraphs (b)(1)(i) and (c) remove ``Attorney
General'' and add ``Secretary of Homeland Security'' in its place
wherever it appears.
Sec. 41.63 [Amended]
0
34. In Sec. 41.63:
0
A. In paragraph (a)(2) remove ``Commissioner of Immigration and
Naturalization'' and add ``Department of Homeland Security'' in its
place, and remove ``Attorney General'' and add ``Secretary of Homeland
Security'' in its place wherever it appears;
0
B. In paragraph (a)(3) remove ``Attorney General'' and add ``Secretary
of Homeland Security'' in its place;
0
C. In paragraph (b)(1) remove ``INS Form I-612'' and add ``DHS Form I-
612'' in its place, and remove ``Immigration and Naturalization
Service'' and add ``Department of Homeland Security'' in its place;
0
D. In paragraph (b)(2)(i), remove ``the Commissioner of the Immigration
and Naturalization Service (``Commissioner'')'' and add ``DHS'' in its
place, and remove ``the Commissioner'' and add ``DHS'' in its place;
0
E. In paragraph (b)(2)(ii), (b)(2)(iii), (c)(5), (d)(2) and (e)(4)
remove ``the Commissioner'' and add ``DHS'' in its place wherever it
appears;
0
F. In paragraph (f) remove ``the Immigration and Naturalization
Service'' and add ``DHS'' in its place;
0
G. In paragraph (g)(8) remove ``the Commissioner'' and add ``DHS'' in
its place.
Sec. 41.71 [Amended]
0
35. In Sec. 41.71, in paragraph (b) remove ``Attorney General'' and
add ``Secretary of Homeland Security'' in its place.
Sec. 41.81 [Amended]
0
36. In Sec. 41.81, in paragraphs (a)(1) and (b)(1) remove ``INS'' and
add ``DHS'' in its place wherever it appears.
Sec. 41.83 [Amended]
0
37. In Sec. 41.83:
0
A. In paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) remove ``INS'' and add
[[Page 34522]]
``DHS'' in its place, and remove ``on behalf of the Attorney General;''
0
B. In paragraph (b) remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place wherever it appears.
Sec. 41.84 [Amended]
0
38. In Sec. 41.84, in paragraph (a)(3) remove ``INS'' and add ``DHS''
in its place.
Sec. 41.86 [Amended]
0
39. In Sec. 41.86, in paragraph (c) remove ``INS'' and add ``DHS'' in
its place.
Sec. 41.103 [Amended]
0
40. In Sec. 41.103, in the heading and in paragraphs (a)(1), (a)(2),
(b)(1), (b)(1)(i), (b)(1)(ii), (b)(2), (b)(3) and (b)(4) remove ``Form
OF-156'' and add ``Form DS-156'' in its place wherever it appears.
Sec. 41.106 [Amended]
0
41. In Sec. 41.106 remove ``Form OF-156'' and add ``Form DS-156'' in
its place.
Sec. 41.108 [Amended]
0
42. In Sec. 41.108, in paragraph (b) remove ``INS'' and add ``DHS'' in
its place.
Sec. 41.112 [Amended]
0
43. In Sec. 41.112, in paragraphs (d)(1)(ii) and (d)(2)(i) remove
``INS'' and add ``DHS'' in its place wherever appears.
Sec. 41.113 [Amended]
0
44. In Sec. 41.113:
0
A. In paragraph (b) remove ``Form OF-232'' and add ``Form DS-232'' In
its place wherever it appears;
0
B. In paragraph (d)(2) remove ``Attorney General'' and add ``Secretary
of Homeland Security'' in its place;
0
C. In paragraph (g) remove ``Form OF-156'' and add ``Form DS-156'' in
its place wherever it appears, and remove ``Form OF-232'' and add Form
DS-232'' in its place;
0
D. In paragraph (h) remove ``Form OF-156'' and add ``Form DS-156'' in
its place.
Sec. 41.122 [Amended]
0
45. In paragraphs (e), (h)(4), (h)(5) and (h)(6), remove ``INS'' and
add ``DHS'' in its place wherever it appears.
PART 42--[AMENDED]
Visas: Documentation of immigrants under the Immigration and
Nationality Act, as amended.
0
46. The authority citation for part 42 continues to read as follows:
Authority: 8 U.S.C. 1104; Public Law No. 107-56, Section 421.
Sec. 42.1 [Amended]
0
47. In Sec. 42.1, in paragraph (a) remove ``INS'' and add ``The
Department of Homeland Security'' in its place.
Sec. 42.2 [Amended]
0
48. In Sec. 42.2, in paragraph (g)(2) remove ``INS'' and add ``DHS''
in its place, and remove ``Attorney General'' and add ``Secretary of
Homeland Security'' in its place.
Sec. 42.21 [Amended]
0
49. In Sec. 42.21, in paragraph (a) and (b) remove ``INS'' and add
``DHS'' in its place wherever it appears.
Sec. 42.31 [Amended]
0
50. In Sec. 42.31, in paragraph (a) remove ``INS'' and add ``DHS'' in
its place.
Sec. 42.32 [Amended]
0
51. In Sec. 42.32, in paragraphs (a)(1), (b)(1), (c)(1), (d)(1)(i)(A),
(d)(3)(i), (d)(4), (d)(5)(i), (d)(6), (d)(7)(i), (d)(8)(i),
(d)(9)(i)(A) and (e)(1), remove ``INS'' and add ``DHS'' in its place
wherever it appears.
Sec. 42.43 [Amended]
0
52. In Sec. 42.43, in paragraph (a) and (b)(1) remove ``INS'' and add
``DHS'' in its place wherever it appears.
Sec. 42.51 [Amended]
0
53. In Sec. 42.51, in paragraph (b), remove ``INS'' and add ``DHS'' in
its place.
Sec. 42.63 [Amended]
0
54. In Sec. 42.63, in paragraphs (a)(1), (a)(2),(b) and (c) remove
``Form OF-230'' and add ``Form DS-230'' in its place wherever it
appears.
Sec. 42.67 [Amended]
0
55. In Sec. 42.67, in paragraphs (a)(2) and (c)(1) remove ``Form OF-
230'' and add ``Form DS-230'' in its place wherever it appears.
Sec. 42.71 [Amended]
0
56. In Sec. 42.71, in paragraph (a) remove ``INS'' and add ``DHS'' in
its place.
Sec. 42.73 [Amended]
0
57. In Sec. 42.73:
0
A. In paragraphs (a) and (a)(6), remove ``Form OF-155A'' and add ``Form
OF-55B in its place wherever it appears;''
0
B. In paragraph (b) remove ``Form OF-155A'' and add ``Form OF-155B'' in
its place, and remove ``Form OF-230'' and add ``Form DS-230'' in its
place;
0
C. In paragraph (c) remove ``Form OF-155A'' and add ``Form OF-155B'' in
its place, and remove ``Form OF-230'' and add ``Form DS-230'' in its
place, and remove ``INS'' and add ``DHS'' in its place;
0
D. In paragraph (d) remove ``Form OF-155A'' and add ``Form OF-155B'' in
its place.
Sec. 42.74 [Amended]
0
58. In Sec. 42.74, in paragraphs (b)(2) and (c) remove ``Form OF-
155A'' and add ``Form OF-155B'' wherever it appears.
Sec. 42.81 [Amended]
0
59. In Sec. 42.81, in paragraph (b) remove ``Form OF-230'' and add
``Form DS-230'' in its place wherever it appears.
Sec. 42.82 [Amended]
0
60. In Sec. 42.82, in paragraph (e) remove ``INS'' and add ``DHS'' in
its place.
Dated: May 17, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E6-8165 Filed 6-14-06; 8:45 am]
BILLING CODE 4710-06-P
