Procedure Relating to Rulemaking, 76353-76354 [2012-31310]
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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
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76353
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 214
change(s) to the director who approved
the petition. * * *
*
*
*
*
*
[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.
*
*
*
*
*
(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.
*
*
*
*
*
(9) * * *
*
*
*
*
*
(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.
*
*
*
*
*
(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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76354
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations
rule appears to be providing public
notice of the rule’s content.
It is beneficial for regulated entities to
know what constitutes issuance of an
agency’s rules.3 Pursuant to a
commitment to using modern
technology to facilitate the Bureau’s
performance of its functions, the Bureau
regularly posts final rules on its Web
site. Typically on the same day, the
Bureau will submit the document to the
Office of the Federal Register. After a
period of time that depends on the
length of the document and other
factors, the Office of the Federal Register
will then make the document available
for public inspection and then publish
it in the Federal Register. The Bureau
does not believe that delaying issuance
until the rule is published in the
Federal Register is necessary or in the
public interest. Accordingly, today’s
rule provides that when a final rule 4 is
posted on the Bureau’s Web site before
it is published in the Federal Register,
the posting on the Web site shall
constitute the official issuance of the
rule.
Clarifying what constitutes issuance
of a rule is beneficial because in some
cases the date of issuance of a rule has
legal consequences.5 For example,
under section 1400(c)(3) of the DoddFrank Act, certain provisions of title
XIV will go into effect on the date that
is 18 months after the designated
transfer date,6 unless relevant
regulations are ‘‘issued’’ by that date.
Given the Bureau’s practice of posting
rules on its Web site before the Office
of the Federal Register makes the rules
available for public inspection or
publishes the rules in the Federal
Register, uncertainty could arise
regarding the date on which such rules
were issued. The Final Rule eliminates
uncertainty by clarifying when the
Bureau’s rules are deemed issued.
The Bureau generally intends to issue
rules by posting them on its Web site,
but, as a precaution, the Final Rule
provides that a rule will be considered
issued upon publication in the Federal
Register if by inadvertence or for some
other reason the rule is not posted on
the Web site or is published in the
Federal Register before it is posted on
the Web site.
srobinson on DSK4SPTVN1PROD with
3 It
is important to note that the date of issuance
of a rule and the effective date of a rule are distinct.
4 For the purposes of this rule, the Bureau intends
‘‘final rule’’ to encompass an interim final rule.
5 Clarity about what constitutes issuance may be
of practical moment for regulated entities,
potentially assisting in planning for implementation
of a rule.
6 Pursuant to section 1062 of the Dodd-Frank Act,
12 U.S.C. 5582, the Secretary of the Treasury
designated July 21, 2011 as the transfer date. 75 FR
57252.
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II. Legal Authority and Effective Date
Section 1022(b) of the Dodd-Frank
Act authorizes the Bureau to prescribe
rules as may be necessary and
appropriate to enable the Bureau to
administer and carry out the purposes
and objectives of the Federal consumer
financial laws, and to prevent evasions
of those laws. In addition, section
1012(a) of the Dodd-Frank Act
authorizes the Bureau ‘‘to establish the
general policies of the Bureau with
respect to all executive and
administrative functions, including—(1)
the establishment of rules for
conducting the general business of the
Bureau, in a manner not inconsistent
with this title * * * .’’
The Final Rule is procedural and not
substantive and, thus, is not subject to
the 30-day delay in effective date
required by 5 U.S.C. 553(d). The Bureau
is making the Final Rule effective
immediately upon publication in the
Federal Register.
III. Section 1022(b)(2) of the DoddFrank Act
In developing the Final Rule, the
Bureau has considered the potential
benefits, costs, and impacts, and the
Bureau has consulted or offered to
consult with the prudential regulators
and the Federal Trade Commission,
including with regard to consistency
with any prudential, market, or systemic
objectives administered by such
agencies.7
Certainty about the timing of issuance
of the Bureau’s rules will likely benefit
consumers and covered persons. The
Bureau is not aware of costs to
consumers or covered persons,
including the potential reduction of
access by consumers to consumer
financial products or services, that can
be predicted to result from treating rules
as issued when the Bureau has posted
them on its Web site.
Further, the Bureau is not aware of
any unique impact the Final Rule might
7 Section 1022(b)(2)(A) of the Dodd-Frank Act
calls for the Bureau to consider the potential
benefits and costs of a regulation to consumers and
covered persons, including the potential reduction
of access by consumers to consumer financial
products or services; the impact on depository
institutions and credit unions with $10 billion or
less in total assets as described in section 1026 of
the Dodd-Frank Act; and the impact on consumers
in rural areas. Section 1022(b)(2)(B) directs the
Bureau to consult with the appropriate prudential
regulators or other Federal agencies regarding
consistency with objectives those agencies
administer. The manner and extent to which these
provisions apply to a rulemaking of this kind,
which establishes Bureau procedures and imposes
no standards of conduct, is unclear. Nevertheless,
to inform this rulemaking more fully, the Bureau
performed the analyses and consultations described
in those provisions of the Dodd-Frank Act.
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have on insured depository institutions
or insured credit unions with total
assets of $10 billion or less as described
in section 1026(a) of the Dodd-Frank
Act, or on rural consumers.
IV. Regulatory Requirements
The Final Rule relates solely to
agency procedure and practice and,
thus, is not subject to the notice and
comment requirements of the
Administrative Procedure Act, 5 U.S.C.
553(b). Because no notice of proposed
rulemaking is required, this rule does
not require an initial or a final
regulatory flexibility analysis pursuant
to the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq.
List of Subjects in 12 CFR Part 1074
Administrative practice and
procedure.
Authority and Issuance
For the reasons set forth in the
preamble, the Bureau adds part 1074 to
Chapter X in Title 12 of the Code of
Federal Regulations to read as follows:
PART 1074—PROCEDURE RELATING
TO RULEMAKING
Sec.
§ 1074.1
Date of issuance of Bureau rules.
Authority: 12 U.S.C. 5492(a)(1), 5512(b).
§ 1074.1
Date of issuance of Bureau rules.
A final Bureau of Consumer Financial
Protection (Bureau) rule is deemed
issued upon the earlier of the following:
(a) When the final rule is posted on
the Bureau’s Web site; or
(b) When the final rule is published
in the Federal Register.
■
Dated: December 21, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2012–31310 Filed 12–27–12; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Parts 19 and 109
[Docket ID OCC–2012–0011]
RIN 1557–AD61
Rules of Practice and Procedure;
Rules of Practice and Procedure in
Adjudicatory Proceedings; Civil Money
Penalty Inflation Adjustments
Office of the Comptroller of the
Currency, Treasury.
AGENCY:
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]]>Agencies
[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76353-76354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31310]
=======================================================================
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BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1074
[Docket No. CFPB-2012-0051]
Procedure Relating to Rulemaking
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule.
-----------------------------------------------------------------------
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.
DATES: 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.
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
(Dodd-Frank 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
[[Page 76354]]
rule appears to be providing public notice of the rule's content.
---------------------------------------------------------------------------
\1\ Public Law 111-203.
\2\ See 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).
---------------------------------------------------------------------------
It is beneficial for regulated entities to know what constitutes
issuance of an agency's rules.\3\ Pursuant to a commitment to using
modern technology to facilitate the Bureau's performance of its
functions, the Bureau regularly posts final rules on its Web site.
Typically on the same day, the Bureau will submit the document to the
Office of the Federal Register. After a period of time that depends on
the length of the document and other factors, the Office of the Federal
Register will then make the document available for public inspection
and then publish it in the Federal Register. The Bureau does not
believe that delaying issuance until the rule is published in the
Federal Register is necessary or in the public interest. Accordingly,
today's rule provides that when a final rule \4\ is posted on the
Bureau's Web site before it is published in the Federal Register, the
posting on the Web site shall constitute the official issuance of the
rule.
---------------------------------------------------------------------------
\3\ It is important to note that the date of issuance of a rule
and the effective date of a rule are distinct.
\4\ For the purposes of this rule, the Bureau intends ``final
rule'' to encompass an interim final rule.
---------------------------------------------------------------------------
Clarifying what constitutes issuance of a rule is beneficial
because in some cases the date of issuance of a rule has legal
consequences.\5\ For example, under section 1400(c)(3) of the Dodd-
Frank Act, certain provisions of title XIV will go into effect on the
date that is 18 months after the designated transfer date,\6\ unless
relevant regulations are ``issued'' by that date. Given the Bureau's
practice of posting rules on its Web site before the Office of the
Federal Register makes the rules available for public inspection or
publishes the rules in the Federal Register, uncertainty could arise
regarding the date on which such rules were issued. The Final Rule
eliminates uncertainty by clarifying when the Bureau's rules are deemed
issued.
---------------------------------------------------------------------------
\5\ Clarity about what constitutes issuance may be of practical
moment for regulated entities, potentially assisting in planning for
implementation of a rule.
\6\ Pursuant to section 1062 of the Dodd-Frank Act, 12 U.S.C.
5582, the Secretary of the Treasury designated July 21, 2011 as the
transfer date. 75 FR 57252.
---------------------------------------------------------------------------
The Bureau generally intends to issue rules by posting them on its
Web site, but, as a precaution, the Final Rule provides that a rule
will be considered issued upon publication in the Federal Register if
by inadvertence or for some other reason the rule is not posted on the
Web site or is published in the Federal Register before it is posted on
the Web site.
II. Legal Authority and Effective Date
Section 1022(b) of the Dodd-Frank Act authorizes the Bureau to
prescribe rules as may be necessary and appropriate to enable the
Bureau to administer and carry out the purposes and objectives of the
Federal consumer financial laws, and to prevent evasions of those laws.
In addition, section 1012(a) of the Dodd-Frank Act authorizes the
Bureau ``to establish the general policies of the Bureau with respect
to all executive and administrative functions, including--(1) the
establishment of rules for conducting the general business of the
Bureau, in a manner not inconsistent with this title * * * .''
The Final Rule is procedural and not substantive and, thus, is not
subject to the 30-day delay in effective date required by 5 U.S.C.
553(d). The Bureau is making the Final Rule effective immediately upon
publication in the Federal Register.
III. Section 1022(b)(2) of the Dodd-Frank Act
In developing the Final Rule, the Bureau has considered the
potential benefits, costs, and impacts, and the Bureau has consulted or
offered to consult with the prudential regulators and the Federal Trade
Commission, including with regard to consistency with any prudential,
market, or systemic objectives administered by such agencies.\7\
---------------------------------------------------------------------------
\7\ Section 1022(b)(2)(A) of the Dodd-Frank Act calls for the
Bureau to consider the potential benefits and costs of a regulation
to consumers and covered persons, including the potential reduction
of access by consumers to consumer financial products or services;
the impact on depository institutions and credit unions with $10
billion or less in total assets as described in section 1026 of the
Dodd-Frank Act; and the impact on consumers in rural areas. Section
1022(b)(2)(B) directs the Bureau to consult with the appropriate
prudential regulators or other Federal agencies regarding
consistency with objectives those agencies administer. The manner
and extent to which these provisions apply to a rulemaking of this
kind, which establishes Bureau procedures and imposes no standards
of conduct, is unclear. Nevertheless, to inform this rulemaking more
fully, the Bureau performed the analyses and consultations described
in those provisions of the Dodd-Frank Act.
---------------------------------------------------------------------------
Certainty about the timing of issuance of the Bureau's rules will
likely benefit consumers and covered persons. The Bureau is not aware
of costs to consumers or covered persons, including the potential
reduction of access by consumers to consumer financial products or
services, that can be predicted to result from treating rules as issued
when the Bureau has posted them on its Web site.
Further, the Bureau is not aware of any unique impact the Final
Rule might have on insured depository institutions or insured credit
unions with total assets of $10 billion or less as described in section
1026(a) of the Dodd-Frank Act, or on rural consumers.
IV. Regulatory Requirements
The Final Rule relates solely to agency procedure and practice and,
thus, is not subject to the notice and comment requirements of the
Administrative Procedure Act, 5 U.S.C. 553(b). Because no notice of
proposed rulemaking is required, this rule does not require an initial
or a final regulatory flexibility analysis pursuant to the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601 et seq.
List of Subjects in 12 CFR Part 1074
Administrative practice and procedure.
Authority and Issuance
For the reasons set forth in the preamble, the Bureau adds part
1074 to Chapter X in Title 12 of the Code of Federal Regulations to
read as follows:
PART 1074--PROCEDURE RELATING TO RULEMAKING
Sec.
Sec. 1074.1 Date of issuance of Bureau rules.
Authority: 12 U.S.C. 5492(a)(1), 5512(b).
Sec. 1074.1 Date of issuance of Bureau rules.
0
A final Bureau of Consumer Financial Protection (Bureau) rule is deemed
issued upon the earlier of the following:
(a) When the final rule is posted on the Bureau's Web site; or
(b) When the final rule is published in the Federal Register.
Dated: December 21, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2012-31310 Filed 12-27-12; 8:45 am]
BILLING CODE 4810-AM-P
