Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions; Correction, 26514-26515 [E9-12861]
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26514
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations
viridis, Scirtothrips dorsalis, and
Spodoptera littoralis.
(a) Approved pest-exclusionary
structures. The eggplant must be grown
in pest-exclusionary structures in
approved production sites in the Arava
Valley of Israel by growers registered
with the Israeli national plant protection
organization (NPPO). Initial approval of
the production sites must be completed
jointly by the Israeli NPPO and APHIS.
(1) The pest-exclusionary structures
must be equipped with double selfclosing doors.
(2) Any vents or openings in the pestexclusionary structures (other than the
double self-closing doors) must be
covered with 1.6 mm or smaller
screening in order to prevent the entry
of pests into the pest-exclusionary
structure.
(3) The pest-exclusionary structures
must be inspected periodically by the
Israeli NPPO or its approved designee to
ensure that sanitary procedures are
employed to exclude plant pests and
diseases and to verify that the screening
is intact.
(4) The pest-exclusionary structures
also must be inspected monthly for the
quarantine pests listed in the
introductory text of this section by the
Israeli NPPO or its approved designee,
beginning 2 months before harvest and
continuing for the duration of the
harvest. APHIS must be granted access
to inspect or monitor the pestexclusionary structures during this
period as well. If, during these
inspections, any quarantine pests listed
in the introductory text of this section
are found inside a pest-exclusionary
structure, the Israeli NPPO will
immediately prohibit that pestexclusionary structure from exporting
eggplant to the continental United
States and notify APHIS of the action.
The prohibition will remain in effect
until the Israeli NPPO and APHIS agree
that the risk has been mitigated.
(b) Trapping for Medfly. Trapping for
Mediterranean fruit fly (Medfly,
Ceratitis capitata) is required both
inside and outside the pest-exclusionary
structures. Trapping must begin 2
months before harvest and continue for
the duration of the harvest.
(1) Inside the pest-exclusionary
structures. APHIS-approved fruit fly
traps with an approved protein bait
must be placed inside the pestexclusionary structures at a density of
four traps per hectare, with a minimum
of at least two traps per pestexclusionary structure. The traps must
be serviced at least once every 7 days.
If a single Medfly is found in a trap
inside a pest-exclusionary structure, the
Israeli NPPO will immediately prohibit
VerDate Nov<24>2008
15:33 Jun 02, 2009
Jkt 217001
that pest-exclusionary structure from
exporting eggplant to the continental
United States and notify APHIS of the
action. The prohibition will remain in
effect until the Israeli NPPO and APHIS
agree that the risk has been mitigated.
(2) Outside the pest-exclusionary
structures. (i) No shade trees are
permitted within 10 meters of the entry
door of the pest-exclusionary structures,
and no fruit fly host plants are
permitted within 50 meters of the entry
door of the pest-exclusionary structures.
While trapping is being conducted, no
fruit fly host material (such as fruit) may
be brought into the pest-exclusionary
structures or be discarded within 50
meters of the entry door of the pestexclusionary structures.
(ii) A treatment jointly approved by
the Israeli NPPO and APHIS must be
applied for the duration of the eggplant
harvest in the areas of the Arava Valley
where fruit fly host material occurs in
backyards.
(iii) Trapping for Medfly must be
conducted by the Israeli NPPO or its
approved designee throughout the year
in the agricultural region along the
Arava Highway 90 and in the residential
area of Paran.
(iv) Trapping records must be kept
and made available for APHIS review
upon request.
(c) Packinghouse procedures. The
eggplant must be packed within 24
hours of harvest in a pest-exclusionary
packinghouse. While packing the
eggplant for export to the continental
United States, the packinghouse may
only accept eggplant from approved
pest-exclusionary structures. No shade
trees are permitted within 10 meters of
the entry door of the packinghouse, and
no fruit fly host plants are permitted
within 50 meters of the entry door of the
packinghouse. The eggplant must be
safeguarded by a pest-proof screen or
plastic tarpaulin while in transit to the
packinghouse and while awaiting
packing. Packinghouse procedures must
include culling of any visibly damaged,
overripe, or infested eggplant. The
eggplant must be packed in either
individual insect-proof cartons or boxes
labeled with the specific place of origin
or non-insect-proof cartons or boxes that
are covered by insect-proof mesh or
plastic tarpaulins. Covered non-insectproof cartons or boxes must be placed
in shipping containers that have
identification labels indicating the
specific place of origin. These
safeguards must remain intact until the
arrival of the eggplant in the continental
United States or the consignment will
not be allowed to enter the continental
United States.
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Frm 00004
Fmt 4700
Sfmt 4700
(d) Commercial consignments.
Eggplant from Israel may be imported in
commercial consignments only.
(e) Phytosanitary certificate. Each
consignment of eggplant must be
accompanied by a phytosanitary
certificate of inspection issued by the
Israeli NPPO with an additional
declaration reading as follows: ‘‘The
eggplant in this consignment has been
grown in an approved production site
and inspected and found free of the
pests listed in 7 CFR 319.56–49.’’
(Approved by the Office of Management and
Budget under control number 0579–0350)
Done in Washington, DC, this 28th day of
May 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–12929 Filed 6–2–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 214 and 274a
[DHS No. ICEB–2008–0002; ICE No. 2124–
08]
RIN 1653–AA56
Extending Period of Optional Practical
Training by 17 Months for F–1
Nonimmigrant Students With STEM
Degrees and Expanding Cap-Gap
Relief for All F–1 Students With
Pending H–1B Petitions; Correction
AGENCY: U.S. Immigration and Customs
Enforcement, U.S. Citizenship and
Immigration Services; DHS.
ACTION: Interim final rule; correction.
SUMMARY: With this amendment, the
Department of Homeland Security
(DHS) corrects one typographical error
and corrects two inadvertent omissions
from the Optional Practical Training
(OPT) interim final rule (IFR) published
in the Federal Register on April 8, 2008.
DATES: Effective June 3, 2009.
FOR FURTHER INFORMATION CONTACT:
Louis Farrell, Director, Student and
Exchange Visitor Program; U.S.
Immigration and Customs Enforcement,
Department of Homeland Security;
Potomac Center North, 500 12th Street,
SW., Washington, DC 20536.
SUPPLEMENTARY INFORMATION:
Need for Correction
On April 8, 2008, the Department of
Homeland Security (DHS) published an
interim final rule in the Federal
Register at 73 FR 18944 extending the
maximum period of Optional Practical
E:\FR\FM\03JNR1.SGM
03JNR1
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations
Training (OPT) from 12 months to 29
months for F–1 students who have
completed a science, technology,
engineering, or mathematics (STEM)
degree with a degree code that is on the
current STEM Designated Degree
Program List, and who accept
employment with employers enrolled in
U.S. Citizenship and Immigration
Services’ (USCIS’) E–Verify employment
verification program. In that IFR, there
was one typographical error and two
inadvertent omissions. Through this
amendment, DHS corrects those items.
First, DHS is correcting an error in the
regulatory text of the interim final rule.
The regulatory text that added new 8
CFR 274a.12(b)(6)(v) at 73 FR 18956
contains a typographical error. The
paragraph begins with an unnecessary
‘‘Or’’. Through this amendment, DHS
removes that extra word.
Second, DHS is correcting two
inadvertent omissions. In the
amendatory language for amendment 2b
at 73 FR 18954, DHS inadvertently
omitted a reference to the revision to 8
CFR 214.2(f)(10)(ii)(D). While that
revision was in the regulatory text of the
document submitted to the Federal
Register, it was not in the amendatory
language of the document submitted to
the Federal Register, and so it would
not be accurately codified in the Code
of Federal Regulations. Also,
amendment 5b at 73 FR 18956 revised
8 CFR 274a.12(c)(3). It should have only
revised 8 CFR 274a.12(c)(3)(i). As a
result, 8 CFR 274a.12(c)(3)(ii) and
274a.12(c)(3)(iii) were inadvertently
omitted.
*
*
*
*
*
(f) * * *
(10) * * *
(ii) * * *
(D) Duration of status while on postcompletion OPT. For a student with
approved post-completion OPT, the
duration of status is defined as the
period beginning when the student’s
application for OPT was properly filed
and pending approval, including the
authorized period of post-completion
OPT, and ending 60 days after the OPT
employment authorization expires
(allowing the student to prepare for
departure, change educational levels at
the same school, or transfer in
accordance with paragraph (f)(8) of this
section).
*
*
*
*
*
PART 274a—CONTROL OF
EMPLOYMENT OF ALIENS
3. The authority citation for part 274a
continues to read as follows:
■
Authority: 8 U.S.C. 1101, 1103, 1324a; 8
CFR part 2; Pub. L. 101–410, 104 Stat. 890,
as amended by Pub. L. 104–134, 110 Stat.
1321.
§ 274a.12 Classes of aliens authorized to
accept employment.
8 CFR Part 274a
Administrative practice and
procedure, Aliens, Employment,
Penalties, Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, 8 CFR part 214 and 274a are
amended as follows:
PART 214—NONIMMIGRANT CLASSES
1. The authority citation for part 214
continues to read as follows:
■
dwashington3 on PROD1PC60 with RULES
§ 214.2 Special requirements for
admission, extension and maintenance of
status.
4. Section 274a.12 is amended by:
a. Removing the word ‘‘Or’’ from the
beginning of paragraph (b)(6)(v); and
■ b. Adding paragraphs (c)(3)(ii) and
(iii).
The additions read as follows:
8 CFR Part 214
Administrative practice and
procedure, Aliens, Employment,
Foreign officials, Health professions,
Reporting and recordkeeping
requirements, Students.
Authority: 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1281, 1282, 1301–
1305 and 1372; section 643, Pub. L. 104–208,
110 Stat. 3009–708; Pub. L. 106–386, 114
Stat. 1477–1480; section 141 of the Compacts
of Free Association with the Federated States
15:33 Jun 02, 2009
2. Section 214.2 is amended by
revising paragraph (f)(10)(ii)(D) to read
as follows:
■
■
■
List of Subjects
VerDate Nov<24>2008
of Micronesia and the Republic of the
Marshall Islands, and with the Government
of Palau, 48 U.S.C. 1901 note, and 1931 note,
respectively; 8 CFR part 2.
Jkt 217001
*
*
*
*
*
(c) * * *
(3) * * *
(ii) Has been offered employment
under the sponsorship of an
international organization within the
meaning of the International
Organization Immunities Act (59 Stat.
669) and who presents a written
certification from the international
organization that the proposed
employment is within the scope of the
organization’s sponsorship. The F–1
student must also present a Form I–20
ID or SEVIS Form I–20 with
employment page completed by DSO
certifying eligibility for employment; or
(iii) Is seeking employment because of
severe economic hardship pursuant to 8
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
26515
CFR 214.2(f)(9)(ii)(C) and has filed the
Form I–20 ID and Form I–538 (for nonSEVIS schools), or SEVIS Form I–20
with employment page completed by
the DSO certifying eligibility, and any
other supporting materials such as
affidavits which further detail the
unforeseen economic circumstances that
require the student to seek employment
authorization.
*
*
*
*
*
Christina E. McDonald,
Deputy Associate General Counsel for
Regulatory Affairs.
[FR Doc. E9–12861 Filed 6–2–09; 8:45 am]
BILLING CODE 9111–28–P
FEDERAL RESERVE SYSTEM
12 CFR Part 229
[Regulation CC; Docket No. R–1358]
Availability of Funds and Collection of
Checks
AGENCY: Board of Governors of the
Federal Reserve System.
ACTION: Final rule; technical
amendment.
SUMMARY: The Board of Governors
(Board) is amending the routing number
guide to next-day availability checks
and local checks in Regulation CC to
delete the reference to the head office of
the Federal Reserve Bank of
Minneapolis and to reassign the Federal
Reserve routing symbols currently listed
under that office to the head office of
the Federal Reserve Bank of Cleveland.
These amendments reflect the
restructuring of check-processing
operations within the Federal Reserve
System.
DATES: The final rule will become
effective on July 25, 2009.
FOR FURTHER INFORMATION CONTACT:
Jeffrey S. H. Yeganeh, Financial Services
Manager (202/728–5801), or Joseph P.
Baressi, Financial Services Project
Leader (202/452–3959), Division of
Reserve Bank Operations and Payment
Systems; or Dena L. Milligan, Attorney
(202/452–3900), Legal Division. For
users of Telecommunications Devices
for the Deaf (TDD) only, contact 202/
263–4869.
SUPPLEMENTARY INFORMATION: Regulation
CC establishes the maximum period a
depositary bank may wait between
receiving a deposit and making the
deposited funds available for
withdrawal.1 A depositary bank
1 For purposes of Regulation CC, the term ‘‘bank’’
refers to any depository institution, including
E:\FR\FM\03JNR1.SGM
Continued
03JNR1
]]>Agencies
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Rules and Regulations]
[Pages 26514-26515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12861]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 214 and 274a
[DHS No. ICEB-2008-0002; ICE No. 2124-08]
RIN 1653-AA56
Extending Period of Optional Practical Training by 17 Months for
F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap
Relief for All F-1 Students With Pending H-1B Petitions; Correction
AGENCY: U.S. Immigration and Customs Enforcement, U.S. Citizenship and
Immigration Services; DHS.
ACTION: Interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: With this amendment, the Department of Homeland Security (DHS)
corrects one typographical error and corrects two inadvertent omissions
from the Optional Practical Training (OPT) interim final rule (IFR)
published in the Federal Register on April 8, 2008.
DATES: Effective June 3, 2009.
FOR FURTHER INFORMATION CONTACT: Louis Farrell, Director, Student and
Exchange Visitor Program; U.S. Immigration and Customs Enforcement,
Department of Homeland Security; Potomac Center North, 500 12th Street,
SW., Washington, DC 20536.
SUPPLEMENTARY INFORMATION:
Need for Correction
On April 8, 2008, the Department of Homeland Security (DHS)
published an interim final rule in the Federal Register at 73 FR 18944
extending the maximum period of Optional Practical
[[Page 26515]]
Training (OPT) from 12 months to 29 months for F-1 students who have
completed a science, technology, engineering, or mathematics (STEM)
degree with a degree code that is on the current STEM Designated Degree
Program List, and who accept employment with employers enrolled in U.S.
Citizenship and Immigration Services' (USCIS') E-Verify employment
verification program. In that IFR, there was one typographical error
and two inadvertent omissions. Through this amendment, DHS corrects
those items.
First, DHS is correcting an error in the regulatory text of the
interim final rule. The regulatory text that added new 8 CFR
274a.12(b)(6)(v) at 73 FR 18956 contains a typographical error. The
paragraph begins with an unnecessary ``Or''. Through this amendment,
DHS removes that extra word.
Second, DHS is correcting two inadvertent omissions. In the
amendatory language for amendment 2b at 73 FR 18954, DHS inadvertently
omitted a reference to the revision to 8 CFR 214.2(f)(10)(ii)(D). While
that revision was in the regulatory text of the document submitted to
the Federal Register, it was not in the amendatory language of the
document submitted to the Federal Register, and so it would not be
accurately codified in the Code of Federal Regulations. Also, amendment
5b at 73 FR 18956 revised 8 CFR 274a.12(c)(3). It should have only
revised 8 CFR 274a.12(c)(3)(i). As a result, 8 CFR 274a.12(c)(3)(ii)
and 274a.12(c)(3)(iii) were inadvertently omitted.
List of Subjects
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment, Foreign
officials, Health professions, Reporting and recordkeeping
requirements, Students.
8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment,
Penalties, Reporting and recordkeeping requirements.
0
For the reasons set forth in the preamble, 8 CFR part 214 and 274a are
amended as follows:
PART 214--NONIMMIGRANT CLASSES
0
1. The authority citation for part 214 continues to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301-1305 and 1372; section 643, Pub. L. 104-208,
110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section
141 of the Compacts of Free Association with the Federated States of
Micronesia and the Republic of the Marshall Islands, and with the
Government of Palau, 48 U.S.C. 1901 note, and 1931 note,
respectively; 8 CFR part 2.
0
2. Section 214.2 is amended by revising paragraph (f)(10)(ii)(D) to
read as follows:
Sec. 214.2 Special requirements for admission, extension and
maintenance of status.
* * * * *
(f) * * *
(10) * * *
(ii) * * *
(D) Duration of status while on post-completion OPT. For a student
with approved post-completion OPT, the duration of status is defined as
the period beginning when the student's application for OPT was
properly filed and pending approval, including the authorized period of
post-completion OPT, and ending 60 days after the OPT employment
authorization expires (allowing the student to prepare for departure,
change educational levels at the same school, or transfer in accordance
with paragraph (f)(8) of this section).
* * * * *
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS
0
3. The authority citation for part 274a continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2; Pub. L.
101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat.
1321.
0
4. Section 274a.12 is amended by:
0
a. Removing the word ``Or'' from the beginning of paragraph (b)(6)(v);
and
0
b. Adding paragraphs (c)(3)(ii) and (iii).
The additions read as follows:
Sec. 274a.12 Classes of aliens authorized to accept employment.
* * * * *
(c) * * *
(3) * * *
(ii) Has been offered employment under the sponsorship of an
international organization within the meaning of the International
Organization Immunities Act (59 Stat. 669) and who presents a written
certification from the international organization that the proposed
employment is within the scope of the organization's sponsorship. The
F-1 student must also present a Form I-20 ID or SEVIS Form I-20 with
employment page completed by DSO certifying eligibility for employment;
or
(iii) Is seeking employment because of severe economic hardship
pursuant to 8 CFR 214.2(f)(9)(ii)(C) and has filed the Form I-20 ID and
Form I-538 (for non-SEVIS schools), or SEVIS Form I-20 with employment
page completed by the DSO certifying eligibility, and any other
supporting materials such as affidavits which further detail the
unforeseen economic circumstances that require the student to seek
employment authorization.
* * * * *
Christina E. McDonald,
Deputy Associate General Counsel for Regulatory Affairs.
[FR Doc. E9-12861 Filed 6-2-09; 8:45 am]
BILLING CODE 9111-28-P
