Adjustment of Status of Refugees and Aliens Granted Asylum, 76352-76353 [2012-31271]
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76352
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.), the
regulations of the Council on
Environmental Quality (40 CFR part
1500), and DHS Management Directive
023–01, Environmental Planning
Program of April 19, 2006.
NPS prepared an environmental
assessment (EA) that examines the
effects on the natural and human
environment associated with the
proposed construction and operation of
a visitor station and establishment of a
Class B port of entry on the Rio Grande
between the United States and Mexico
within Big Bend National Park. The NPS
EA encompasses all components of the
Boquillas border crossing, including
CBP operations of the port of entry. On
June 28, 2011, NPS issued a Finding of
No Significant Impact (FONSI)
concluding that the proposed activities
would not result in a significant impact
to the human and natural environment.
In accordance with NEPA, CBP has
carefully reviewed the EA developed by
NPS and has determined that it
considers all potential impacts of the
project accurately. Therefore, CBP is
adopting the EA developed by NPS and
is issuing a FONSI. These documents
will be posted on the CBP Web site at
www.cbp.gov and in the docket for this
rulemaking at https://
www.regulations.gov.
Signing Authority
The signing authority for amending
title 19 of the Code of Federal
Regulations falls under 19 CFR 0.2(a),
because the establishment of this
Customs station is not within the
bounds of those regulations for which
the Secretary of the Treasury has
retained sole authority. Accordingly,
this final rule may be signed by the
Secretary of Homeland Security (or her
delegate).
Janet Napolitano,
Secretary.
[FR Doc. 2012–31328 Filed 12–27–12; 8:45 am]
BILLING CODE 9111–14–P
1. Revise the authority citation for part
100 to read as follows:
■
Authority: 8 U.S.C. 1103; 8 U.S.C. 1185
note (section 7209 of Pub. L. 108–458); 8 CFR
part 2.
2. Amend § 100.4(a) as follows:
■ a. Revise the fifth sentence of
§ 100.4(a) to read as set forth below.
■ b. Under the heading ‘‘District No.
15—El Paso, Texas,’’ add the
subheading, ‘‘Class B’’ and add
‘‘Boquillas, TX’’ under the new ‘‘Class
B’’ heading.
■
§ 100.4
Field offices.
(a) * * * Class B means that the port
is a designated Port-of-Entry for aliens
who at the time of applying for
admission are exempt from document
requirements by § 212.1(c)(5) of this
chapter or who are lawfully in
possession of valid Permanent Resident
Cards, and nonimmigrant aliens who are
citizens of Canada or Bermuda or
nationals of Mexico and who at the time
of applying for admission are lawfully
in possession of all valid documents
required for admission as set forth in
§§ 212.1(a) and (c) and 235.1(d) and (e)
of this chapter and are admissible
without further arrival documentation
or immigration processing. * * *
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*
Title 19—Customs Duties
CHAPTER I—U.S. CUSTOMS AND
BORDER PROTECTION,
DEPARTMENT OF HOMELAND
SECURITY; DEPARTMENT OF THE
TREASURY
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 208
Procedures for Asylum and
Withholding of Removal
CFR Correction
In Title 8 of the Code of Federal
Regulations, revised as of January 1,
2012, in § 208.24, on page 167, reinstate
paragraph (a) introductory text at the
beginning of the section and on page
168, reinstate paragraph (b) introductory
text before paragraph (1) to read as
follows:
§ 208.24 Termination of asylum or
withholding of removal or deportation.
(a) Termination of asylum by USCIS.
Except as provided in paragraph (e) of
this section, an asylum officer may
terminate a grant of asylum made under
the jurisdiction of USCIS if, following
an interview, the asylum officer
determines that:
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*
(b) Termination of withholding of
deportation or removal by USCIS.
Except as provided in paragraph (e) of
this section, an asylum officer may
terminate a grant of withholding of
deportation or removal made under the
jurisdiction of USCIS if the asylum
officer determines, following an
interview, that:
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*
[FR Doc. 2012–31270 Filed 12–27–12; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 209
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a. Section 101.3 and 101.4 also issued
under 19 U.S.C. 1 and 58b;
CFR Correction
■
Organization and functions
(Government agencies).
19 CFR Part 101
srobinson on DSK4SPTVN1PROD with
PART 100—STATEMENT OF
ORGANIZATION
corresponding Supervisory port of entry
column.
3. The authority citation for part 101,
and the sectional authority for §§ 101.3
and 101.4, continue to read as follows:
8 CFR Part 100
Customs duties and inspection,
Harbors, Organization and functions
(Government agencies), Seals and
insignia, Vessels.
*
For the reasons stated in the
preamble, we amend 8 CFR part 100 and
19 CFR part 101 as set forth below.
Jkt 229001
*
§ 101.4
Amendments to the Regulations
18:32 Dec 27, 2012
CHAPTER I—DEPARTMENT OF
HOMELAND SECURITY
PART 101—GENERAL PROVISIONS
List of Subjects
VerDate Mar<15>2010
Title 8—Aliens and Nationality
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[Amended]
4. In § 101.4(c), under the state of
Texas, add ‘‘Boquillas’’ in alphabetical
order to the Customs station column
and add ‘‘Presidio.’’ to the
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Adjustment of Status of Refugees and
Aliens Granted Asylum
In Title 8 of the Code of Federal
Regulations, revised as of January 1,
2012, on page 175, in § 209.2, reinstate
paragraphs (b) through (f) to read as
follows:
§ 209.2 Adjustment of status of alien
granted asylum.
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srobinson on DSK4SPTVN1PROD with
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations
(b) Inadmissible alien. An applicant
who is not admissible to the United
States as described in 8 CFR
209.2(a)(1)(v), may, under section 209(c)
of the Act, have the grounds of
inadmissibility waived by USCIS except
for those grounds under sections
212(a)(2)(C) and 212(a)(3)(A), (B), (C), or
(E) of the Act for humanitarian
purposes, to ensure family unity, or
when it is otherwise in the public
interest. An application for the waiver
may be requested with the application
for adjustment, in accordance with the
form instructions. An applicant for
adjustment under this part who has had
the status of an exchange alien
nonimmigrant under section
101(a)(15)(J) of the Act, and who is
subject to the foreign resident
requirement of section 212(e) of the Act,
shall be eligible for adjustment without
regard to the foreign residence
requirement if otherwise eligible for
adjustment.
(c) Application. An application for the
benefits of section 209(b) of the Act may
be filed in accordance with the form
instructions. If an alien has been placed
in removal, deportation, or exclusion
proceedings, the application can be filed
and considered only in proceedings
under section 240 of the Act.
(d) Medical examination. For an alien
seeking adjustment of status under
section 209(b) of the Act, the alien shall
submit a medical examination to
determine whether any grounds of
inadmissibility described under section
212(a)(1)(A) of the Act apply. The asylee
is also required to establish compliance
with the vaccination requirements
described under section 212(a)(1)(A)(ii)
of the Act.
(e) Interview. USCIS will determine,
on a case-by-case basis, whether an
interview by an immigration officer is
necessary to determine the applicant’s
admissibility for permanent resident
status under this part.
(f) Decision. USCIS will notify the
applicant in writing of the decision on
his or her application. There is no
appeal of a denial, but USCIS will notify
an applicant of the right to renew the
request in removal proceedings under
section 240 of the Act. If the application
is approved, USCIS will record the
alien’s admission for lawful permanent
residence as of the date one year before
the date of the approval of the
application, but not earlier than the date
of the approval for asylum in the case
of an applicant approved under
paragraph (a)(2) of this section.
[FR Doc. 2012–31271 Filed 12–27–12; 8:45 am]
BILLING CODE 1505–01–D
VerDate Mar<15>2010
18:32 Dec 27, 2012
Jkt 229001
76353
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 214
change(s) to the director who approved
the petition. * * *
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[FR Doc. 2012–31272 Filed 12–27–12; 8:45 am]
Nonimmigrant Classes
BILLING CODE 1505–01–D
CFR Correction
In Title 8 of the Code of Federal
Regulations, revised as of January 1,
2012, in § 214.2, make the following
corrections:
a. On page 289, reinstate paragraph
(h)(2)(v);
b. On page 310, following paragraph
(h)(9)(i)(B), reinstate paragraphs
(h)(9)(ii)(A) and (B); and
c. On page 311, revise the third
sentence of paragraph (h)(11)(i)(A).
§ 214.2 Special requirements for
admission, extension, and maintenance of
status.
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(h) * * *
(2) * * *
(v) H–2A Petitions. Special criteria for
admission, extension, and maintenance
of status apply to H–2A petitions and
are specified in paragraph (h)(5) of this
section. The other provisions of
§ 214.2(h) apply to H–2A only to the
extent that they do not conflict with the
special agricultural provisions in
paragraph (h)(5) of this section.
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(9) * * *
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(ii) Recording the validity of petitions.
Procedures for recording the validity
period of petitions are:
(A) If a new H petition is approved
before the date the petitioner indicates
that the services or training will begin,
the approved petition and approval
notice shall show the actual dates
requested by the petitoner as the
validity period, not to exceed the limits
specified by paragraph (h)(9)(iii) of this
section or other Service policy.
(B) If a new H petition is approved
after the date the petitioner indicates
that the services or training will begin,
the aproved petition and approval
notice shall show a validity period
commencing with the date of approval
and ending with the date requested by
the petitioner, as long as that date does
not exceed either the limits specified by
paragraph (h)(9)(iii) of this section or
other Service policy.
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(11) * * *
(i) * * *
(A) * * * If the petitioner no longer
employs the beneficiary, the petitioner
shall send a letter explaining the
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BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1074
[Docket No. CFPB–2012–0051]
Procedure Relating to Rulemaking
Bureau of Consumer Financial
Protection.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Consumer
Financial Protection (Bureau) is
adopting a procedural rule (Final Rule)
that specifies how the Bureau issues
rules and when rules are considered
issued.
The Final Rule is effective on
December 28, 2012.
FOR FURTHER INFORMATION CONTACT: Lea
Mosena and Martha Fulford, Attorneys,
Legal Division, Consumer Financial
Protection Bureau, 1700 G Street NW.,
Washington, DC 20552, at (202) 435–
7152.
DATES:
SUPPLEMENTARY INFORMATION:
I. Background and Summary
The Final Rule specifies how the
Bureau issues rules and when rules are
considered issued. In the future, the
Bureau may issue further rules on
procedures for rulemaking.
Part 1074.1 establishes that the
Bureau’s rules are deemed issued upon
the earlier of: (1) When the final rule is
posted on the Bureau’s Web site, or (2)
when the final rule is published in the
Federal Register. The Bureau’s Web site
is www.consumerfinance.gov.
The Dodd-Frank Wall Street Reform
and Consumer Protection Act (DoddFrank Act) 1 and other statutes authorize
the Bureau to issue rules. Ordinarily, a
rule may be considered issued at least
when the rulemaking document
containing the final rule has been
placed on public inspection by the
Office of the Federal Register or
published in the Federal Register.
However, an agency may treat other
events as constituting the issuance of a
rule.2 The key prerequisite for issuing a
1 Public
Law 111–203.
Nat’l Grain & Feed Ass’n v. OSHA, 845 F.2d
345, 346 (D.C. Cir. 1988); United Techs. Corp. v.
OSHA, 836 F.2d 52, 53 (2d Cir. 1987); Indus. Union
Dep’t, AFL–CIO v. Bingham, 570 F.2d 965, 970 (D.C.
Cir. 1977) (Leventhal, J., concurring).
2 See
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[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76352-76353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31271]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 209
Adjustment of Status of Refugees and Aliens Granted Asylum
CFR Correction
In Title 8 of the Code of Federal Regulations, revised as of
January 1, 2012, on page 175, in Sec. 209.2, reinstate paragraphs (b)
through (f) to read as follows:
Sec. 209.2 Adjustment of status of alien granted asylum.
* * * * *
[[Page 76353]]
(b) Inadmissible alien. An applicant who is not admissible to the
United States as described in 8 CFR 209.2(a)(1)(v), may, under section
209(c) of the Act, have the grounds of inadmissibility waived by USCIS
except for those grounds under sections 212(a)(2)(C) and 212(a)(3)(A),
(B), (C), or (E) of the Act for humanitarian purposes, to ensure family
unity, or when it is otherwise in the public interest. An application
for the waiver may be requested with the application for adjustment, in
accordance with the form instructions. An applicant for adjustment
under this part who has had the status of an exchange alien
nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject
to the foreign resident requirement of section 212(e) of the Act, shall
be eligible for adjustment without regard to the foreign residence
requirement if otherwise eligible for adjustment.
(c) Application. An application for the benefits of section 209(b)
of the Act may be filed in accordance with the form instructions. If an
alien has been placed in removal, deportation, or exclusion
proceedings, the application can be filed and considered only in
proceedings under section 240 of the Act.
(d) Medical examination. For an alien seeking adjustment of status
under section 209(b) of the Act, the alien shall submit a medical
examination to determine whether any grounds of inadmissibility
described under section 212(a)(1)(A) of the Act apply. The asylee is
also required to establish compliance with the vaccination requirements
described under section 212(a)(1)(A)(ii) of the Act.
(e) Interview. USCIS will determine, on a case-by-case basis,
whether an interview by an immigration officer is necessary to
determine the applicant's admissibility for permanent resident status
under this part.
(f) Decision. USCIS will notify the applicant in writing of the
decision on his or her application. There is no appeal of a denial, but
USCIS will notify an applicant of the right to renew the request in
removal proceedings under section 240 of the Act. If the application is
approved, USCIS will record the alien's admission for lawful permanent
residence as of the date one year before the date of the approval of
the application, but not earlier than the date of the approval for
asylum in the case of an applicant approved under paragraph (a)(2) of
this section.
[FR Doc. 2012-31271 Filed 12-27-12; 8:45 am]
BILLING CODE 1505-01-D
