Immigration Benefits Business Transformation, Increment I; Correction, 22770-22771 [2013-08985]
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22770
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
(2) Credit union service organization
as defined in § 741.222(a) of the NCUA
Regulations, 12 CFR 741.222(a).
(3) Credit union trade groups include
credit union trade organizations whose
membership is comprised of credit
union, CUSO, state credit union
regulators, state credit union
organizations, and officials and
employees of such organizations.
(4) Other credit union-related entities
may be defined pursuant to Agency
Instruction.
§ 9601.103 Prohibited outside
employment.
No employee may engage in outside
employment, with or without
compensation, with any credit union,
credit union trade group, credit union
service organization, or other credit
union-related entity, in any capacity.
erowe on DSK2VPTVN1PROD with RULES
§ 9601.104 Prior approval for outside
employment.
(a) General requirement.
(1) Before engaging in any outside
employment, with or without
compensation, other than prohibited
employment in section 103 of the Act,
an NCUA employee, other than a special
government employee, must obtain
written approval from the employee’s
supervisor and the concurrence of the
Designated Agency Ethics Official
(DAEO), except to the extent that the
DAEO has issued an instruction
pursuant to section 105 of the Act
exempting an activity or class of
activities from this requirement.
(2) Any employee, other than a
special government employee, who,
before the effective date of this part or
commencement of employment with
NCUA, began engaging in outside
employment must, within 30 calendar
days of the effective date of this part or
30 days of commencement of
employment with NCUA, either
terminate such employment if it is in
violation of section 103 of the Act or
request written approval from his or her
supervisor and the concurrence of the
DAEO in accordance with this section.
The employee may continue engaging in
the outside employment while the
request for approval is under review.
(b) Procedure for requesting approval.
(1) Employees shall request the
approval required by paragraph (a) of
this section by email or other form of
written correspondence in advance of
engaging in outside employment as
defined in section 102 of the Act. The
employee requesting approval shall
submit the request to his/her supervisor.
(2) The request for approval to engage
in outside employment shall set forth, at
a minimum:
VerDate Mar<15>2010
15:11 Apr 16, 2013
Jkt 229001
(i) The name of the employer or
organization;
(ii) The nature of the activity or other
work to be performed;
(iii) The title of the position; and
(iv) The estimated duration of the
outside employment.
(3) Upon a significant change in the
nature or scope of the outside
employment or in the employee’s
official position with the NCUA, the
employee must, within 7 calendar days
of the change, submit a revised request
for approval.
(c) Standard for approval. Approval
shall be granted only upon a
determination that the outside
employment is not expected to involve
conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635.
§ 9601.105
DAEO’s responsibilities.
The NCUA DAEO may issue
Instructions governing the submission
of requests for approval of outside
employment. The Instructions may
exempt categories of employment from
prior approval requirement of this
section based on a determination that
employment within those categories of
employment would generally be
approved and is not likely to involve
conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635.
The DAEO may include in these
Instructions examples of outside
employment that are permissible or
impermissible consistent with this part
and 5 CFR part 2635, including
examples of other credit union-related
entities.
[FR Doc. 2013–08086 Filed 4–16–13; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103 and 208
[CIS No. 2481–09; DHS Docket No. USCIS–
2009–0022]
RIN 1615–AB83
Immigration Benefits Business
Transformation, Increment I;
Correction
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Correcting amendment.
AGENCY:
On August 29, 2011, the
Department of Homeland Security
(DHS) published a final rule to amend
DHS regulations to enable U.S.
Citizenship and Immigration Services
(USCIS) to transform its business
processes. In this notice, we are
correcting three technical errors.
DATES: The effective date of this
correcting amendment is April 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Jason J. Johnsen, Office of
Transformation Coordination, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 633
Third St. NW., Washington, DC 20529–
2210; telephone (202) 233–2515.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2011, DHS issued a
final rule titled, Immigration Benefits
Business Transformation, Increment I,
which amended more than fifty parts of
title 8 of the Code of Federal
Regulations and finalized seven interim
rules. 76 FR 53764 (Aug. 29, 2011). The
final rule removed form titles, number
references, and position titles. It also
removed obsolete and expired
regulatory provisions and corrected
provisions that were affected by
statutory changes.1
Need for correction
DHS amended 8 CFR in the final rule,
wherever possible, to:
1. Remove references to official
position titles used within DHS or used
in the past by the former Immigration
and Naturalization Service (INS). These
titles include director, district director,
and commissioner, as well as position
descriptions, such as examiner or
adjudicator. 76 FR 53764, 53767.
2. Replace references to the terms
‘‘application’’ and ‘‘petition’’ with the
newly defined term ‘‘benefit request.’’
Id.
3. Remove information about internal
processing, administrative filing
requirements, filing locations, and
procedures. Id.
DHS inadvertently neglected to revise
the language in 8 CFR 103.2(b)(18) to
reflect these changes. DHS is correcting
that oversight by replacing individual
job titles with ‘‘USCIS’’ in 8 CFR
103.2(b)(18). Delegations of authority to
fulfill various responsibilities with
respect to benefits requests are set forth
in internal USCIS guidance. In addition,
this correcting amendment replaces,
‘‘application or petition’’ with ‘‘benefit
request.’’
In addition, the August 2011 final rule
amended the definition of ‘‘Service’’ to
mean, ‘‘U.S. Citizenship and
SUMMARY:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
1 In addition, before the rule took effect, DHS
reviewed the public comments in the docket of this
final rule and corrected several errors and
omissions in a correction that was effective on the
same date as the rule. 73 FR 73475 (Nov. 29, 2011)
(effective Nov. 28, 2011).
E:\FR\FM\17APR1.SGM
17APR1
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
Immigration Services, U.S. Customs and
Border Protection, and/or U.S.
Immigration and Customs Enforcement,
as appropriate in the context in which
the term appears.’’ 76 FR 53764, 53780.
Where a section of the regulations was
determined to pertain to an action that
may have been taken by INS, or a
function that is within the purview of or
shared with another component, the
term ‘‘the Service’’ was retained or
inserted. Id.
DHS made one erroneous amendment
in the August 2011 final rule with
regard to the use of ‘‘USCIS’’ in lieu of
‘‘the Service.’’ In 8 CFR part 208, the
term ‘‘the Service’’ was revised to read
‘‘USCIS,’’ including in 8 CFR 208.24(f),
which deals with the termination of
asylum or withholding of deportation or
removal by an Immigration Judge or the
Board of Immigration Appeals.
Termination of asylum is an authority
shared between the Department of
Justice and USCIS, but USCIS has no
role in removal proceedings beyond the
issuance of a notice to appear in
accordance with 8 CFR 208.24(e) and
(g). The current, recently-amended
regulatory language incorrectly
provides, however, that USCIS has the
responsibility in removal proceedings to
establish grounds of termination,
whereas that is the responsibility of U.S.
Immigration and Customs Enforcement.
Therefore, this notice corrects that error
by removing one incorrect reference to
‘‘USCIS’’ in 8 CFR 208.24(f) and
replacing it with ‘‘the Service.’’
List of Subjects
8 CFR Part 103
Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of
information, Immigration, Privacy,
Reporting and recordkeeping
requirements, Surety bonds.
8 CFR Part 208
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
Correction
erowe on DSK2VPTVN1PROD with RULES
Accordingly, for the reasons set out in
the preamble, chapter I of title 8 of the
Code of Federal Regulations is corrected
by making the following correcting
amendments:
PART 103—IMMIGRATION BENEFITS;
BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
1. The authority citation for part 103
continues to read as follows:
■
VerDate Mar<15>2010
15:11 Apr 16, 2013
Jkt 229001
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1101, 1103, 1304, 1356, 1365b; 31 U.S.C.
9701; Pub. L. 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part
2.
2. Section 103.2 is amended by
revising paragraph (b)(18) to read as
follows:
■
Subpart A—Applying for Benefits,
Surety Bonds, Fees
§ 103.2 Submission and adjudication of
benefit requests.
*
*
*
*
*
(b) * * *
(18) Withholding adjudication. USCIS
may authorize withholding adjudication
of a visa petition or other application if
USCIS determines that an investigation
has been undertaken involving a matter
relating to eligibility or the exercise of
discretion, where applicable, in
connection with the benefit request, and
that the disclosure of information to the
applicant or petitioner in connection
with the adjudication of the benefit
request would prejudice the ongoing
investigation. If an investigation has
been undertaken and has not been
completed within one year of its
inception, USCIS will review the matter
and determine whether adjudication of
the benefit request should be held in
abeyance for six months or until the
investigation is completed, whichever
comes sooner. If, after six months of
USCIS’s determination, the
investigation has not been completed,
the matter will be reviewed again by
USCIS and, if it concludes that more
time is needed to complete the
investigation, adjudication may be held
in abeyance for up to another six
months. If the investigation is not
completed at the end of that time,
USCIS may authorize that adjudication
be held in abeyance for another six
months. Thereafter, if USCIS determines
it is necessary to continue to withhold
adjudication pending completion of the
investigation, it will review that
determination every six months.
*
*
*
*
*
PART 208—PROCEDURES FOR
ASLYUM AND WITHHOLDING OF
REMOVAL
3. The authority citation for part 208
continues to read as follows:
■
Authority: 8 U.S.C. 1101, 1103, 1158, 1226,
1252, 1282; Title VII of Pub. L. 110–229; 8
CFR part 2.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
22771
Subpart A—Asylum and Withholding
of Removal
§ 208.24
[Corrected]
4. Section 208.24 is amended in
paragraph (f), the second sentence, by
removing the term ‘‘USCIS’’ and adding
in its place the term, ‘‘the Service’’.
■
Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs.
[FR Doc. 2013–08985 Filed 4–16–13; 8:45 am]
BILLING CODE 9111–97–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Chapter III
Statement of Policy on the
Development and Review of
Regulations and Policies
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Revision of statement of policy.
AGENCY:
The FDIC is updating its
Statement of Policy entitled,
‘‘Development and Review of FDIC
Regulations and Policies’’ (Policy
Statement). The Policy Statement
articulates the basic principles that
guide the FDIC in its promulgation and
review of regulations and written
statements of policy. The Policy
Statement is being revised to more fully
reflect the FDIC’s current rulemaking
policies and procedures, as well as take
into account various organizational
changes since the Policy Statement was
adopted.
DATES: Effective Date: April 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Munsell St. Clair, Chief, Fund Analysis
and Pricing Section, Division of
Insurance and Research, (202) 898–
8967, or Michelle Borzillo, Legal
Division, (703) 562–6083, Federal
Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION: The FDIC
has a longstanding and ongoing
commitment to ensure that its
regulations and policies achieve
legislative and regulatory goals in the
most efficient and effective manner
possible. As part of that commitment,
the FDIC recently undertook a review of
its existing Policy Statement, which was
adopted in 1998, to determine what
updates and clarifications would be
appropriate. As a result of that review,
the FDIC Board of Directors adopted
revisions to the existing Policy
Statement to more fully reflect the
FDIC’s current rulemaking policies and
SUMMARY:
E:\FR\FM\17APR1.SGM
17APR1
Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22770-22771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08985]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103 and 208
[CIS No. 2481-09; DHS Docket No. USCIS-2009-0022]
RIN 1615-AB83
Immigration Benefits Business Transformation, Increment I;
Correction
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On August 29, 2011, the Department of Homeland Security (DHS)
published a final rule to amend DHS regulations to enable U.S.
Citizenship and Immigration Services (USCIS) to transform its business
processes. In this notice, we are correcting three technical errors.
DATES: The effective date of this correcting amendment is April 17,
2013.
FOR FURTHER INFORMATION CONTACT: Jason J. Johnsen, Office of
Transformation Coordination, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 633 Third St. NW., Washington, DC
20529-2210; telephone (202) 233-2515.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2011, DHS issued a final rule titled, Immigration
Benefits Business Transformation, Increment I, which amended more than
fifty parts of title 8 of the Code of Federal Regulations and finalized
seven interim rules. 76 FR 53764 (Aug. 29, 2011). The final rule
removed form titles, number references, and position titles. It also
removed obsolete and expired regulatory provisions and corrected
provisions that were affected by statutory changes.\1\
---------------------------------------------------------------------------
\1\ In addition, before the rule took effect, DHS reviewed the
public comments in the docket of this final rule and corrected
several errors and omissions in a correction that was effective on
the same date as the rule. 73 FR 73475 (Nov. 29, 2011) (effective
Nov. 28, 2011).
---------------------------------------------------------------------------
Need for correction
DHS amended 8 CFR in the final rule, wherever possible, to:
1. Remove references to official position titles used within DHS or
used in the past by the former Immigration and Naturalization Service
(INS). These titles include director, district director, and
commissioner, as well as position descriptions, such as examiner or
adjudicator. 76 FR 53764, 53767.
2. Replace references to the terms ``application'' and ``petition''
with the newly defined term ``benefit request.'' Id.
3. Remove information about internal processing, administrative
filing requirements, filing locations, and procedures. Id.
DHS inadvertently neglected to revise the language in 8 CFR
103.2(b)(18) to reflect these changes. DHS is correcting that oversight
by replacing individual job titles with ``USCIS'' in 8 CFR
103.2(b)(18). Delegations of authority to fulfill various
responsibilities with respect to benefits requests are set forth in
internal USCIS guidance. In addition, this correcting amendment
replaces, ``application or petition'' with ``benefit request.''
In addition, the August 2011 final rule amended the definition of
``Service'' to mean, ``U.S. Citizenship and
[[Page 22771]]
Immigration Services, U.S. Customs and Border Protection, and/or U.S.
Immigration and Customs Enforcement, as appropriate in the context in
which the term appears.'' 76 FR 53764, 53780. Where a section of the
regulations was determined to pertain to an action that may have been
taken by INS, or a function that is within the purview of or shared
with another component, the term ``the Service'' was retained or
inserted. Id.
DHS made one erroneous amendment in the August 2011 final rule with
regard to the use of ``USCIS'' in lieu of ``the Service.'' In 8 CFR
part 208, the term ``the Service'' was revised to read ``USCIS,''
including in 8 CFR 208.24(f), which deals with the termination of
asylum or withholding of deportation or removal by an Immigration Judge
or the Board of Immigration Appeals. Termination of asylum is an
authority shared between the Department of Justice and USCIS, but USCIS
has no role in removal proceedings beyond the issuance of a notice to
appear in accordance with 8 CFR 208.24(e) and (g). The current,
recently-amended regulatory language incorrectly provides, however,
that USCIS has the responsibility in removal proceedings to establish
grounds of termination, whereas that is the responsibility of U.S.
Immigration and Customs Enforcement. Therefore, this notice corrects
that error by removing one incorrect reference to ``USCIS'' in 8 CFR
208.24(f) and replacing it with ``the Service.''
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Immigration, Privacy,
Reporting and recordkeeping requirements, Surety bonds.
8 CFR Part 208
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
Correction
Accordingly, for the reasons set out in the preamble, chapter I of
title 8 of the Code of Federal Regulations is corrected by making the
following correcting amendments:
PART 103--IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356, 1365b; 31 U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135 (6
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982
Comp., p. 166; 8 CFR part 2.
0
2. Section 103.2 is amended by revising paragraph (b)(18) to read as
follows:
Subpart A--Applying for Benefits, Surety Bonds, Fees
Sec. 103.2 Submission and adjudication of benefit requests.
* * * * *
(b) * * *
(18) Withholding adjudication. USCIS may authorize withholding
adjudication of a visa petition or other application if USCIS
determines that an investigation has been undertaken involving a matter
relating to eligibility or the exercise of discretion, where
applicable, in connection with the benefit request, and that the
disclosure of information to the applicant or petitioner in connection
with the adjudication of the benefit request would prejudice the
ongoing investigation. If an investigation has been undertaken and has
not been completed within one year of its inception, USCIS will review
the matter and determine whether adjudication of the benefit request
should be held in abeyance for six months or until the investigation is
completed, whichever comes sooner. If, after six months of USCIS's
determination, the investigation has not been completed, the matter
will be reviewed again by USCIS and, if it concludes that more time is
needed to complete the investigation, adjudication may be held in
abeyance for up to another six months. If the investigation is not
completed at the end of that time, USCIS may authorize that
adjudication be held in abeyance for another six months. Thereafter, if
USCIS determines it is necessary to continue to withhold adjudication
pending completion of the investigation, it will review that
determination every six months.
* * * * *
PART 208--PROCEDURES FOR ASLYUM AND WITHHOLDING OF REMOVAL
0
3. The authority citation for part 208 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title
VII of Pub. L. 110-229; 8 CFR part 2.
Subpart A--Asylum and Withholding of Removal
Sec. 208.24 [Corrected]
0
4. Section 208.24 is amended in paragraph (f), the second sentence, by
removing the term ``USCIS'' and adding in its place the term, ``the
Service''.
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.
[FR Doc. 2013-08985 Filed 4-16-13; 8:45 am]
BILLING CODE 9111-97-P