Naturalization for Certain Persons in the U.S. Armed Forces, 2785-2787 [2010-578]

Download as PDF 2785 Rules and Regulations Federal Register Vol. 75, No. 11 Tuesday, January 19, 2010 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. DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 328 and 329 [CIS No. 2479–09; DHS Docket No. DHS– 2009–0025] RIN 1615–AB85 Naturalization for Certain Persons in the U.S. Armed Forces WReier-Aviles on DSKGBLS3C1PROD with RULES AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This rule amends the Department of Homeland Security (DHS) regulations by implementing a statutory amendment reducing from three years to one year the length of time a member of the United States Armed Forces has to serve to qualify for naturalization through service in the Armed Forces. In addition, this rule amends DHS regulations by implementing a statutory amendment to include as eligible for naturalization individuals who served or are serving as members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces during specified periods of hostility. This rule also amends the regulations to remove the requirement to submit Form G–325B, Biographic Information, with Form N–400, Application for Naturalization, for applicants applying for naturalization through service in the U.S. Armed Forces. By eliminating the Form G–325B requirement, the rule will reduce the response burden and amount of time it takes U.S. Armed Forces members to complete the paperwork required with a naturalization application. DATES: This rule is effective February 18, 2010. FOR FURTHER INFORMATION CONTACT: Kristie Krebs, Office of Field Operations, U.S. Citizenship and Immigration Services, Department of VerDate Nov<24>2008 14:12 Jan 15, 2010 Jkt 220001 Homeland Security, 111 Massachusetts Avenue, NW., 2nd Floor, Washington, DC 20529–2030; telephone number 202– 272–1001. This is not a toll-free number. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at 800–877– 8339. SUPPLEMENTARY INFORMATION: I. Background Prior to November 24, 2003, aliens who served in the U.S. Armed Forces during peacetime were eligible for naturalization after serving honorably for an aggregate period of three years. See Immigration & Nationality Act (INA) sec. 328(a), 8 U.S.C. 1439(a) (2002) (amended (2003)); 8 CFR 328.2(a). Additionally, aliens who served in the U.S. Armed Forces during specific periods of hostilities were eligible for naturalization without having served for any particular length of time so long as the service was in active-duty status. See INA sec. 329(a), 8 U.S.C. 1440(a) (2002) (amended (2003)); 8 CFR 329.2(a). On November 24, 2003, Congress amended these requirements in title XVII of the National Defense Authorization Act for Fiscal Year 2004 (NDAA), (Pub. L. 108–136, 117 Stat. 1392 (2003)), and made them effective as if enacted on September 11, 2001. The NDAA reduced from three years to one year the period of military service required to qualify for naturalization through service in the U.S. Armed Forces during peacetime. See INA sec. 328(a); 8 U.S.C. 1439(a) (2003); see also NDAA sec. 1701(c)(2). In addition, the NDAA extended the benefit of naturalization not only to individuals who served honorably in an active duty status during specified periods of hostilities, but also to individuals who have served honorably as members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces during such periods of hostilities. See INA sec. 329(a); 8 U.S.C. 1440(a) (2003); see also NDAA sec. 1702. U.S. Citizenship and Immigration Services (USCIS) has been applying these statutory amendments since the law was enacted on November 24, 2003. This final rule updates the regulations to reflect these amendments. In addition, this rule removes an unnecessary paperwork requirement in PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 the naturalization application process for applicants with qualifying service in the U.S. Armed Forces. II. Discussion A. One Year or More of Military Service Current regulations at 8 CFR 328.2(b) continue to list three or more years of service in the U.S. Armed Forces as an eligibility requirement for naturalization based on service in the U.S. Armed Forces. This final rule reduces the required number of years of service to one or more years in order to conform the regulations to the applicable statutory provision at section 328(a) of the INA, 8 U.S.C. 1439(a), as amended by the NDAA. See revised 8 CFR 328.2(b). B. Service in the Selected Reserve of the Ready Reserve During Periods of Hostilities USCIS regulations, 8 CFR 329.2(a), currently limit eligibility for naturalization based on service during specified periods of hostilities to those who served honorably in an active duty status in the U.S. Armed Forces. In conformance with the expansion of eligibility made by the NDAA (see section 329(a) of the INA, 8 U.S.C. 1440(a)), this final rule extends eligibility for naturalization to include those individuals who have served honorably in the U.S. Armed Forces either in an active duty status or as a member of the Selected Reserve of the Ready Reserve. See revised 8 CFR 329.2(a). In addition, this rule amends the title of 8 CFR part 329 to include service in the Selected Reserve of the Ready Reserve. Currently, the title only lists active duty service as a basis for naturalization where service occurred during specified periods of hostilities. C. Elimination of Requirement to Submit Form G–325B Applicants applying for naturalization based on service in the U.S. Armed Forces have been required to submit Form G–325B, Biographic Information, along with Form N–400, Application for Naturalization. See 8 CFR 328.4, 329.4(a). Prior to 2001, USCIS sent applicants’ completed Forms G–325B to the Department of Defense (DoD) for background checks. As part of improvements to this process, DoD authorized the USCIS in 2001 to conduct these background checks. E:\FR\FM\19JAR1.SGM 19JAR1 2786 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations Subsequently, USCIS determined that the information collected on Form N– 400 (e.g., name, date of birth, Social Security number) was sufficient to perform the background checks. Therefore, USCIS discontinued sending Forms G–325B to DoD. Moreover, USCIS notes that it does not use the G– 325B in its adjudication of Forms N– 400, or for any other purpose. Notwithstanding the discontinued use of Form G–325B, USCIS regulations continue to require applicants to submit the form with their naturalization applications. See 8 CFR 328.4 and 329.4(a). However, continuing to require Form G–325B would needlessly increase applicant response and USCIS processing times, as USCIS must issue a Request for Evidence and place the case on hold if the Form G–325B is not submitted with the Form N–400. Because the submission of a Form G– 325B no longer serves a purpose in the adjudication process, this rule removes the Form G–325B submission requirement for applicants applying for naturalization under section 328 or 329 of the INA. See revised 8 CFR 328.4 and 329.4(a). WReier-Aviles on DSKGBLS3C1PROD with RULES III. Regulatory Requirements A. Administrative Procedure Act The Administrative Procedure Act (APA) provides that an agency may dispense with notice and comment rulemaking procedures when an agency is promulgating an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice. See 5 U.S.C. 553(b)(A). The elimination of the requirement to submit Form G–325B is procedural in nature and does not alter the substantive rights of affected naturalization applicants. Accordingly, DHS finds that this part of the rule is exempt from the notice and comment requirements under the APA at 5 U.S.C. 553(b)(A). The APA provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ See 5 U.S.C. 553(b)(B). This rule amends DHS regulations to conform with the changes made by the NDAA, reducing from three years to one year the amount of time a member of the U.S. Armed Forces has to serve to qualify for naturalization and extending the benefit of expedited naturalization to members of the Selected Reserve of the Ready Reserve. INA sec. 328(a), 329(a); 8 U.S.C. 1439(a), 1440(a). These requirements were mandated by statute and DHS has applied these VerDate Nov<24>2008 14:12 Jan 15, 2010 Jkt 220001 requirements since the law was enacted in 2003 (effective, with some exceptions, as if enacted on September 11, 2001). DHS views the act of promulgating this part of the rule as both ministerial and non-controversial. Accordingly, DHS finds that notice and comment is unnecessary and that this part of the rule is except from the notice and comment requirements under the APA at 5 U.S.C. 553(b)(B). B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), requires Federal agencies to consider the potential impact of regulations on small businesses, small governmental jurisdictions, and small organizations during the development of their rules. When an agency invokes the good cause exception under the Administrative Procedure Act to make changes effective through an interim final or final rule, the RFA does not require an agency to prepare a regulatory flexibility analysis. DHS has determined in this final rule that good cause exists under 5 U.S.C. 553(b) to exempt this rule from the notice and comment. Therefore, a regulatory flexibility analysis is not required for this rule. However, DHS does expect that this rule will not have a significant economic impact on a substantial number of small entities because it affects only individuals. C. Executive Order 12866 This rule is not a significant regulatory action as defined under Executive Order 12866, section 3(f), Regulatory Planning and Review. Thus it has not been reviewed by the Office of Management and Budget (OMB). D. 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. E. 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. See 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based companies to compete with foreignbased companies in domestic and export markets. F. Executive Order 13132: Federalism This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. G. Executive Order 12988: Civil Justice Reform This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. H. Paperwork Reduction Act of 1995 (PRA) Under the Paperwork Reduction Act of 1995, Public Law 104–13, 109 Stat. 163 (1995), all Departments are required to submit to OMB, for review and approval, any reporting or recordkeeping requirements inherent in a rule. This rulemaking does not propose to impose any new reporting or recordkeeping requirements under the PRA. OMB previously approved the use of forms G–325, G–325A, G–325B, and G– 325C under the same OMB Control No. 1615–0008. Removing the requirement to submit Form G–325B will reduce the number of respondents and annual burden hours associated with OMB Control No. 1615–0008. Accordingly, USCIS will submit the Form OMB 83– C, Correction Worksheet, to OMB to reduce the annual number of respondents and annual burden hours. List of Subjects 8 CFR Part 328 Citizenship and naturalization, Military personnel, Armed Forces personnel, Application requirements, Residency requirements. 8 CFR Part 329 Citizenship and naturalization, Military personnel, Armed Forces personnel, Application requirements. ■ Accordingly, chapter I of Title 8 of the Code of Federal Regulations is amended as follows: E:\FR\FM\19JAR1.SGM 19JAR1 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations 1. The heading for part 328 is revised as set forth above. ■ 2. The authority citation for part 328 continues to read as follows: 3. Section 328.2 is amended by revising paragraph (b) to read as follows: ■ * * * * (b) Has served under paragraph (a) of this section for a period of 1 or more years, whether that service is continuous or discontinuous; * * * * * 4. Section 328.4 is amended by revising the last sentence to read as follows: ■ Application. * * * The application must be accompanied by Form N–426, Request for Certification of Military or Naval Service. PART 329—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WITH ACTIVE DUTY OR CERTAIN READY RESERVE SERVICE IN THE UNITED STATES ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES 5. The heading for part 329 is revised as set forth above. ■ 6. The authority citation for part 329 continues to read as follows: ■ Authority: 8 U.S.C. 1103, 1440, 1443; 8 CFR part 2. 7. Section 329.2 is amended by revising paragraph (a) introductory text to read as follows: ■ Eligibility. WReier-Aviles on DSKGBLS3C1PROD with RULES * * * * * (a) Has served honorably in the Armed Forces of the United States as a member of the Selected Reserve of the Ready Reserve or in an active duty status in the Armed Forces of the United States during: * * * * * 8. Section 329.4 is amended by revising the last sentence of paragraph (a) to read as follows: ■ § 329.4. Application and evidence. (a) Application. * * * The application must be accompanied by VerDate Nov<24>2008 14:12 Jan 15, 2010 Examining the AD Docket BILLING CODE 9111–97–P Federal Aviation Administration 14 CFR Part 39 Eligibility. * § 329.2. RIN 2120–AA64 [FR Doc. 2010–578 Filed 1–15–10; 8:45 am] DEPARTMENT OF TRANSPORTATION Authority: 8 U.S.C. 1103, 1439, 1443. § 328.4 [Docket No. FAA–2010–0009; Directorate Identifier 2010–NE–01–AD; Amendment 39– 16178; AD 2010–02–08] Janet Napolitano, Secretary. ■ § 328.2 • Mail: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Contact Turbomeca S.A., 40220 Tarnos, France; e-mail: noriadallas@turbomeca.com; telephone 33 05 59 74 40 00, fax 33 05 59 74 45 15, or go to: https://www.turbomecasupport.com, for a copy of the service information identified in this AD. Form N–426, Request for Certification of Military or Naval Service. * * * * * PART 328—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WITH 1 YEAR OF SERVICE IN THE UNITED STATES ARMED FORCES Jkt 220001 2787 Airworthiness Directives; Turbomeca Turmo IV A and IV C Turboshaft Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: During a maintenance inspection before the first flight of the day, an oil leak was found on an engine deck. A circumferential crack on the intermediate bearing return flexible pipe union (pipe part number 9 560 17 606 0) was identified as the origin of the leak. A similar oil pipe union crack was then reported at the same location on another engine, on the same pipe part number. This pipe part number was approved as Modification TU 233 in 2008. Although such cracks have been detected and did not lead to an in-service event, the possibility exists that some additional cracks could occur and may not be detected before the potential complete rupture of the union. We are issuing this AD to prevent a helicopter engine in-flight shutdown resulting in an emergency auto-rotation landing or accident. DATES: This AD becomes effective February 3, 2010. We must receive comments on this AD by February 18, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: kevin.dickert@faa.gov; telephone (781) 238–7117; fax (781) 238–7199. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2009–0261–E, dated December 18, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: During a maintenance inspection before the first flight of the day, an oil leak was found on an engine deck. A circumferential crack on the intermediate bearing return flexible pipe union (pipe part number 9 560 17 606 0) was identified as the origin of the leak. A similar oil pipe union crack was then reported at the same location on another engine, on the same pipe part number. This pipe part number was approved as Modification TU 233 in 2008. Although such cracks have been detected and did not lead to an in-service event, the possibility exists that some additional cracks could occur and may not be detected before the potential complete rupture of the union. E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Rules and Regulations]
[Pages 2785-2787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-578]



========================================================================
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. 75, No. 11 / Tuesday, January 19, 2010 / 
Rules and Regulations

[[Page 2785]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 328 and 329

[CIS No. 2479-09; DHS Docket No. DHS-2009-0025]
RIN 1615-AB85


Naturalization for Certain Persons in the U.S. Armed Forces

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Department of Homeland Security (DHS) 
regulations by implementing a statutory amendment reducing from three 
years to one year the length of time a member of the United States 
Armed Forces has to serve to qualify for naturalization through service 
in the Armed Forces. In addition, this rule amends DHS regulations by 
implementing a statutory amendment to include as eligible for 
naturalization individuals who served or are serving as members of the 
Selected Reserve of the Ready Reserve of the U.S. Armed Forces during 
specified periods of hostility. This rule also amends the regulations 
to remove the requirement to submit Form G-325B, Biographic 
Information, with Form N-400, Application for Naturalization, for 
applicants applying for naturalization through service in the U.S. 
Armed Forces. By eliminating the Form G-325B requirement, the rule will 
reduce the response burden and amount of time it takes U.S. Armed 
Forces members to complete the paperwork required with a naturalization 
application.

DATES: This rule is effective February 18, 2010.

FOR FURTHER INFORMATION CONTACT: Kristie Krebs, Office of Field 
Operations, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 111 Massachusetts Avenue, NW., 2nd Floor, 
Washington, DC 20529-2030; telephone number 202-272-1001. This is not a 
toll-free number. Persons with hearing or speech impairments may access 
this number via TTY by calling the Federal Information Relay Service at 
800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Prior to November 24, 2003, aliens who served in the U.S. Armed 
Forces during peacetime were eligible for naturalization after serving 
honorably for an aggregate period of three years. See Immigration & 
Nationality Act (INA) sec. 328(a), 8 U.S.C. 1439(a) (2002) (amended 
(2003)); 8 CFR 328.2(a). Additionally, aliens who served in the U.S. 
Armed Forces during specific periods of hostilities were eligible for 
naturalization without having served for any particular length of time 
so long as the service was in active-duty status. See INA sec. 329(a), 
8 U.S.C. 1440(a) (2002) (amended (2003)); 8 CFR 329.2(a).
    On November 24, 2003, Congress amended these requirements in title 
XVII of the National Defense Authorization Act for Fiscal Year 2004 
(NDAA), (Pub. L. 108-136, 117 Stat. 1392 (2003)), and made them 
effective as if enacted on September 11, 2001. The NDAA reduced from 
three years to one year the period of military service required to 
qualify for naturalization through service in the U.S. Armed Forces 
during peacetime. See INA sec. 328(a); 8 U.S.C. 1439(a) (2003); see 
also NDAA sec. 1701(c)(2). In addition, the NDAA extended the benefit 
of naturalization not only to individuals who served honorably in an 
active duty status during specified periods of hostilities, but also to 
individuals who have served honorably as members of the Selected 
Reserve of the Ready Reserve of the U.S. Armed Forces during such 
periods of hostilities. See INA sec. 329(a); 8 U.S.C. 1440(a) (2003); 
see also NDAA sec. 1702.
    U.S. Citizenship and Immigration Services (USCIS) has been applying 
these statutory amendments since the law was enacted on November 24, 
2003. This final rule updates the regulations to reflect these 
amendments. In addition, this rule removes an unnecessary paperwork 
requirement in the naturalization application process for applicants 
with qualifying service in the U.S. Armed Forces.

II. Discussion

A. One Year or More of Military Service

    Current regulations at 8 CFR 328.2(b) continue to list three or 
more years of service in the U.S. Armed Forces as an eligibility 
requirement for naturalization based on service in the U.S. Armed 
Forces. This final rule reduces the required number of years of service 
to one or more years in order to conform the regulations to the 
applicable statutory provision at section 328(a) of the INA, 8 U.S.C. 
1439(a), as amended by the NDAA. See revised 8 CFR 328.2(b).

B. Service in the Selected Reserve of the Ready Reserve During Periods 
of Hostilities

    USCIS regulations, 8 CFR 329.2(a), currently limit eligibility for 
naturalization based on service during specified periods of hostilities 
to those who served honorably in an active duty status in the U.S. 
Armed Forces. In conformance with the expansion of eligibility made by 
the NDAA (see section 329(a) of the INA, 8 U.S.C. 1440(a)), this final 
rule extends eligibility for naturalization to include those 
individuals who have served honorably in the U.S. Armed Forces either 
in an active duty status or as a member of the Selected Reserve of the 
Ready Reserve. See revised 8 CFR 329.2(a). In addition, this rule 
amends the title of 8 CFR part 329 to include service in the Selected 
Reserve of the Ready Reserve. Currently, the title only lists active 
duty service as a basis for naturalization where service occurred 
during specified periods of hostilities.

C. Elimination of Requirement to Submit Form G-325B

    Applicants applying for naturalization based on service in the U.S. 
Armed Forces have been required to submit Form G-325B, Biographic 
Information, along with Form N-400, Application for Naturalization. See 
8 CFR 328.4, 329.4(a). Prior to 2001, USCIS sent applicants' completed 
Forms G-325B to the Department of Defense (DoD) for background checks. 
As part of improvements to this process, DoD authorized the USCIS in 
2001 to conduct these background checks.

[[Page 2786]]

Subsequently, USCIS determined that the information collected on Form 
N-400 (e.g., name, date of birth, Social Security number) was 
sufficient to perform the background checks. Therefore, USCIS 
discontinued sending Forms G-325B to DoD. Moreover, USCIS notes that it 
does not use the G-325B in its adjudication of Forms N-400, or for any 
other purpose.
    Notwithstanding the discontinued use of Form G-325B, USCIS 
regulations continue to require applicants to submit the form with 
their naturalization applications. See 8 CFR 328.4 and 329.4(a). 
However, continuing to require Form G-325B would needlessly increase 
applicant response and USCIS processing times, as USCIS must issue a 
Request for Evidence and place the case on hold if the Form G-325B is 
not submitted with the Form N-400. Because the submission of a Form G-
325B no longer serves a purpose in the adjudication process, this rule 
removes the Form G-325B submission requirement for applicants applying 
for naturalization under section 328 or 329 of the INA. See revised 8 
CFR 328.4 and 329.4(a).

III. Regulatory Requirements

A. Administrative Procedure Act

    The Administrative Procedure Act (APA) provides that an agency may 
dispense with notice and comment rulemaking procedures when an agency 
is promulgating an interpretative rule, a general statement of policy, 
or a rule of agency organization, procedure, or practice. See 5 U.S.C. 
553(b)(A). The elimination of the requirement to submit Form G-325B is 
procedural in nature and does not alter the substantive rights of 
affected naturalization applicants. Accordingly, DHS finds that this 
part of the rule is exempt from the notice and comment requirements 
under the APA at 5 U.S.C. 553(b)(A).
    The APA provides that an agency may dispense with notice and 
comment rulemaking procedures when an agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' See 5 U.S.C. 553(b)(B). This rule amends DHS 
regulations to conform with the changes made by the NDAA, reducing from 
three years to one year the amount of time a member of the U.S. Armed 
Forces has to serve to qualify for naturalization and extending the 
benefit of expedited naturalization to members of the Selected Reserve 
of the Ready Reserve. INA sec. 328(a), 329(a); 8 U.S.C. 1439(a), 
1440(a). These requirements were mandated by statute and DHS has 
applied these requirements since the law was enacted in 2003 
(effective, with some exceptions, as if enacted on September 11, 2001). 
DHS views the act of promulgating this part of the rule as both 
ministerial and non-controversial. Accordingly, DHS finds that notice 
and comment is unnecessary and that this part of the rule is except 
from the notice and comment requirements under the APA at 5 U.S.C. 
553(b)(B).

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121), requires Federal agencies to consider the 
potential impact of regulations on small businesses, small governmental 
jurisdictions, and small organizations during the development of their 
rules. When an agency invokes the good cause exception under the 
Administrative Procedure Act to make changes effective through an 
interim final or final rule, the RFA does not require an agency to 
prepare a regulatory flexibility analysis. DHS has determined in this 
final rule that good cause exists under 5 U.S.C. 553(b) to exempt this 
rule from the notice and comment. Therefore, a regulatory flexibility 
analysis is not required for this rule. However, DHS does expect that 
this rule will not have a significant economic impact on a substantial 
number of small entities because it affects only individuals.

C. Executive Order 12866

    This rule is not a significant regulatory action as defined under 
Executive Order 12866, section 3(f), Regulatory Planning and Review. 
Thus it has not been reviewed by the Office of Management and Budget 
(OMB).

D. 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.

E. 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. See 5 
U.S.C. 804. 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 the United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

F. Executive Order 13132: Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

G. Executive Order 12988: Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

H. Paperwork Reduction Act of 1995 (PRA)

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109 
Stat. 163 (1995), all Departments are required to submit to OMB, for 
review and approval, any reporting or recordkeeping requirements 
inherent in a rule. This rulemaking does not propose to impose any new 
reporting or recordkeeping requirements under the PRA.
    OMB previously approved the use of forms G-325, G-325A, G-325B, and 
G-325C under the same OMB Control No. 1615-0008. Removing the 
requirement to submit Form G-325B will reduce the number of respondents 
and annual burden hours associated with OMB Control No. 1615-0008. 
Accordingly, USCIS will submit the Form OMB 83-C, Correction Worksheet, 
to OMB to reduce the annual number of respondents and annual burden 
hours.

List of Subjects

8 CFR Part 328

    Citizenship and naturalization, Military personnel, Armed Forces 
personnel, Application requirements, Residency requirements.

8 CFR Part 329

    Citizenship and naturalization, Military personnel, Armed Forces 
personnel, Application requirements.

0
Accordingly, chapter I of Title 8 of the Code of Federal Regulations is 
amended as follows:

[[Page 2787]]

PART 328--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
PERSONS WITH 1 YEAR OF SERVICE IN THE UNITED STATES ARMED FORCES

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1. The heading for part 328 is revised as set forth above.
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2. The authority citation for part 328 continues to read as follows:

    Authority:  8 U.S.C. 1103, 1439, 1443.

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3. Section 328.2 is amended by revising paragraph (b) to read as 
follows:


Sec.  328.2  Eligibility.

* * * * *
    (b) Has served under paragraph (a) of this section for a period of 
1 or more years, whether that service is continuous or discontinuous;
* * * * *

0
4. Section 328.4 is amended by revising the last sentence to read as 
follows:


Sec.  328.4  Application.

    * * * The application must be accompanied by Form N-426, Request 
for Certification of Military or Naval Service.

PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
PERSONS WITH ACTIVE DUTY OR CERTAIN READY RESERVE SERVICE IN THE 
UNITED STATES ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES

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5. The heading for part 329 is revised as set forth above.

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6. The authority citation for part 329 continues to read as follows:

    Authority:  8 U.S.C. 1103, 1440, 1443; 8 CFR part 2.


0
7. Section 329.2 is amended by revising paragraph (a) introductory text 
to read as follows:


Sec.  329.2.  Eligibility.

* * * * *
    (a) Has served honorably in the Armed Forces of the United States 
as a member of the Selected Reserve of the Ready Reserve or in an 
active duty status in the Armed Forces of the United States during:
* * * * *

0
8. Section 329.4 is amended by revising the last sentence of paragraph 
(a) to read as follows:


Sec.  329.4.  Application and evidence.

    (a) Application. * * * The application must be accompanied by Form 
N-426, Request for Certification of Military or Naval Service.
* * * * *

Janet Napolitano,
Secretary.
[FR Doc. 2010-578 Filed 1-15-10; 8:45 am]
BILLING CODE 9111-97-P

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