Safety of Water Power Projects and Project Works, 2702-2703 [C1-2021-27736]
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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
BILLING CODE 4910–13–C
(h) Installation Prohibition
After the effective date of this AD, do not
install onto any engine any EECU having a
P/N identified in paragraph (c) of this AD.
(i) Definition
For the purpose of this AD, a ‘‘part eligible
for installation’’ is an EECU having a P/N that
is not identified in paragraph (c) of this AD.
(j) No Reporting Requirements
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The reporting requirements specified in
Turbomeca MSB No. 319 73 2080, Revision
1, dated February 13, 2004; Turbomeca MSB
No. 319 73 2081, Revision 1, dated February
13, 2004; Turbomeca MSB No. 319 73 2082,
Revision 1, dated February 13, 2004, Version
C, dated July 31, 2008, and Version D, dated
June 6, 2011; and Turbomeca MSB No. 319
73 2090, Original Issue, dated February 13,
2004, are not required by this AD.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (l)(1) of this AD.
Information may be emailed to: ANE-ADAMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(l) Related Information
(1) For more information about this AD,
contact Wego Wang, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
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16:00 Jan 18, 2022
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238–7134; fax: (781) 238–7199; email:
wego.wang@faa.gov.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2021–0088R1,
dated July 26, 2021, for more information.
You may examine the EASA AD in the AD
docket at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2021–0793.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on February 23, 2022.
(i) Turbomeca Mandatory Service Bulletin
(MSB) No. 319 73 2082, Version C, dated July
31, 2008.
(ii) Turbomeca MSB No. 319 73 2082,
Version D, dated June 6, 2011.
(4) The following service information was
approved for IBR on June 29, 2005 (70 FR
34334, June 14, 2005).
(i) Turbomeca MSB No. 319 73 2080,
Revision 1, dated February 13, 2004.
(ii) Turbomeca MSB No. 319 73 2081,
Revision 1, dated February 13, 2004.
(iii) Turbomeca MSB No. 319 73 2082,
Revision 1, dated February 13, 2004.
(iv) Turbomeca MSB No. 319 73 2090,
Original Issue, dated February 13, 2004.
(5) For Turbomeca service information
identified in this AD, contact Safran
Helicopter Engines, S.A., Avenue du 1er Mai,
40220 Tarnos, France; phone: +33 (0) 5 59 74
45 00.
(6) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
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(7) You may view this service information
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on December 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–00891 Filed 1–18–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 12
[Docket No. RM20–9–000; Order No. 880]
Safety of Water Power Projects and
Project Works
Correction
In rule document 2021–27736,
appearing on pages 1490–1520, in the
issue of Tuesday, January 11, 2022,
make the following changes:
§ 12.4
[Corrected].
1. On page 1514, in the first column,
under amendatory instruction number
3, instruction ‘‘3c’’ currently reads,
‘‘Adding paragraphs (b)(2)(iii)(C) and
(D);’’ should read, ‘‘Revising paragraphs
(c)(1), (c)(2) introductory text, and (c)(3);
and’’
■ 2. On page 1514, in the first column,
under amendatory instruction number
3, instruction ‘‘3d’’ currently reads,
‘‘Revising paragraphs (c)(1), (c)(2)
■
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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
introductory text, and (c)(3); and’’
should read, ‘‘Adding paragraph (d).’’
■ 3. On page 1514, in the first column,
under amendatory instruction number
3, instruction ‘‘3e’’ should be deleted.
§ 12.10 Reporting safety-related incidents
[Corrected].
1. On page 1514, in the third column,
amendatory instruction number
‘‘4(b)(5)’’ should read ‘‘4(b)(4)’’
■
[FR Doc. C1–2021–27736 Filed 1–18–22; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF STATE
22 CFR Parts 22 and 42
[Public Notice: 11526]
RIN 1400–AF37
Visas: Immigrant Visas
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State
(Department) amends its regulation
governing immigrant visa fees to allow
for the exemption from immigrant visa
(IV) fees for certain applicants
previously denied an immigrant visa
pursuant to certain Presidential
Proclamations issued by the previous
administration and associated technical
corrections.
DATES: This final rule is effective on
January 19, 2022.
FOR FURTHER INFORMATION CONTACT:
Claire Kelly, Office of Visa Services,
Bureau of Consular Affairs, Department
of State, 600 19th St. NW, Washington,
DC 20006, (202) 485–7586.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. What changes to 22 CFR 22.1, 42.71,
and 42.74 does the Department make?
The Department is amending 22 CFR
22.1 and 42.71 to exempt applicants
who were denied an IV under section
212(f) of the Immigration and
Nationality Act (INA) on or between
December 8, 2017, and January 19, 2020,
due to Presidential Proclamations 9645
and 9983 (collectively, ‘‘Proc. 9645/
9983’’) from the payment of immigrant
visa fees. The Department is also
correcting a typographical error in 22
CFR 22.1, Item 32(e), which should refer
to 22 CFR 42.71, not 22 CFR 42.74, and
correcting the header for § 42.71(b)(2) to
specifically refer to adoptees. The
Department is also correcting a
formatting error in 22 CFR 42.74(a).
II. Policy Justification
On January 20, 2021, President Biden
signed Proclamation 10141, ‘‘Ending
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Discriminatory Bans on Entry to the
United States’’ (Proc. 10141), which
revoked Proc. 9645/9983. Among other
requirements, Proc. 10141 directed the
Department to create ‘‘a proposal to
ensure that individuals whose
immigrant visa applications were
denied on the basis of the suspension
and restriction on entry imposed by
Proclamation 9645 or 9983 may have
their applications reconsidered’’ and
that the proposal ‘‘shall consider
whether to reopen immigrant visa
applications that were denied’’ and
‘‘whether it is necessary to charge an
additional fee to process those visa
applications.’’
An IV applicant who is the
beneficiary of a valid immigration
petition may submit another visa
application after being refused and in
most circumstances they are required to
pay again the relevant application fees.
With this final rule, the Department
exempts from such fees only those IV
applicants who are applying again after
being refused an IV pursuant to Proc.
9645/9983, with that limitation on
scope being justified by the President’s
findings articulated in Proc. 10141, as
described below. Many IV applicants
denied under Proc. 9645/9983,
assuming no material change in
circumstances, may now be eligible for
a visa, and the Department is exempting
this defined category of IV applicants
from payment of IV fees if they apply
again for an immigrant visa.
Some applicants were initially denied
IVs under the Proc. 9645/9983 and
additional refusal grounds. These
applicants are not eligible for the fee
exemption established by this final rule,
unless a consular officer has previously
determined, and informed the applicant
in a visa denial letter, that the refusal on
other grounds has been overcome and
the only impediment to issuance of an
IV on January 20, 2021, was Proc. 9645/
9983, as reflected in a denial under
section 212(f) of the INA, 8 U.S.C.
1182(f). If the other refusal grounds have
not been overcome, the applicant will
be required to pay the IV fees if they
wish to apply again for an immigrant
visa.
This final rule also does not apply to
IV applicants who were refused due to
Proc. 9645/9983 on or after January 20,
2020, as 22 CFR 42.81(e) provides for
the reconsideration of their previously
filed application, without an additional
application fee. That regulation allows
IV applicants to have their case
reconsidered, without payment of an
additional fee, by providing ‘‘further
evidence tending to overcome the
ground of ineligibility on which the
refusal was based’’ within one year of
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2703
the date of refusal. The Department
considers Proc. 10141, issued January
20, 2021, as the presentation of evidence
overcoming the ineligibility, thus
allowing cases refused within the prior
year to be reconsidered under 22 CFR
42.81(e) without a new application fee.
Proc. 10141 described Proc. 9645/
9983 as ‘‘just plain wrong.’’ As a means
of remedying a suspension of entry
under Proc. 9645/9983 that the
President found objectional as
explained in Proc. 10141, the
Department exempts, from payment of
immigrant visa fees, applicants who
were denied an IV on or between
December 8, 2017, and January 19, 2020,
solely due to the Proc. 9645/9983 and
who submits a new application for an
immigrant visa. Specifically, under this
rule, these individuals would be exempt
from the applicable immigrant visa
application processing fee, as well as
the affidavit of support review fee, if the
applicant would otherwise be required
to pay that fee again.
III. Regulatory Findings and Impact
Statements
A. Administrative Procedure Act
This rule is exempt from notice and
comment under the Administrative
Procedure Act (APA) because it involves
a foreign affairs function of the United
States. 5 U.S.C. 553(a)(1).
Article II of the Constitution endows
the President with certain foreign affairs
powers, including the power to regulate
the entry of noncitizens to the United
States. See U.S. CONST. art. II; United
States ex rel. Knauff v. Shaughnessy,
338 U.S. 537, 542 (1950) (‘‘The
exclusion of aliens is a fundamental act
of sovereignty . . . [and] is inherent in
the executive power to control the
foreign affairs of the nation.’’);
Harisiades v. Shaughnessy, 342 U.S.
580, 588–89 (1952) (‘‘[A]ny policy
toward aliens is vitally and intricately
interwoven with contemporaneous
policies in regard to the conduct of
foreign relations [and] the war power
. . . .’’). An agency action that is taken
as an extension of the President’s
Article II foreign affairs authority is a
diplomatic function and falls within the
foreign affairs exception (hereafter, the
‘‘exception’’). See East Bay Sanctuary
Covenant v. Trump, 932 F.3d 742, 755
(9th Cir. 2018) (noting that Article II
‘‘vests power in the President to regulate
the entry of aliens into the United
States,’’ and are inherent executive
powers that constitute a foreign affairs
function (citing Knauff, 338 U.S. at
542)). Visa functions specifically
involve regulating the admission or
exclusion of noncitizens. Therefore,
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Agencies
[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2702-2703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2021-27736]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 12
[Docket No. RM20-9-000; Order No. 880]
Safety of Water Power Projects and Project Works
Correction
In rule document 2021-27736, appearing on pages 1490-1520, in the
issue of Tuesday, January 11, 2022, make the following changes:
Sec. 12.4 [Corrected].
0
1. On page 1514, in the first column, under amendatory instruction
number 3, instruction ``3c'' currently reads, ``Adding paragraphs
(b)(2)(iii)(C) and (D);'' should read, ``Revising paragraphs (c)(1),
(c)(2) introductory text, and (c)(3); and''
0
2. On page 1514, in the first column, under amendatory instruction
number 3, instruction ``3d'' currently reads, ``Revising paragraphs
(c)(1), (c)(2)
[[Page 2703]]
introductory text, and (c)(3); and'' should read, ``Adding paragraph
(d).''
0
3. On page 1514, in the first column, under amendatory instruction
number 3, instruction ``3e'' should be deleted.
Sec. 12.10 Reporting safety-related incidents [Corrected].
0
1. On page 1514, in the third column, amendatory instruction number
``4(b)(5)'' should read ``4(b)(4)''
[FR Doc. C1-2021-27736 Filed 1-18-22; 8:45 am]
BILLING CODE 0099-10-P