30-Day Notice in Rule

Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations
results in no changes to the information
collection and recordkeeping
requirements previously approved and
imposes no additional reporting and
recordkeeping burden on domestic
manufacturers and importers of
softwood lumber.
As with all Federal promotion
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. Finally, USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Regarding outreach efforts, this action
was discussed by the Board at its first
meeting held in November 2011 and at
six committee meetings held via
teleconference during the first six
months of 2012. The Board met in May
2012 and unanimously made its
recommendation. All of the Board’s
meetings, including meetings held via
teleconference, are open to the public
and interested persons are invited to
participate and express their views.
A proposed rule concerning this
action was published in the Federal
Register on May 13, 2014 (92 FR 27212).
The Board distributed copies of the rule
via email to domestic manufacturers
and importers. Finally, the proposal was
made available through the Internet by
USDA and the Office of the Federal
Register. A 60-day comment period
ending July 14, 2014, was provided to
allow interested persons to comment.
No comments were received.
After consideration of all relevant
matters presented, including the
information and recommendation
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth, is
consistent with and will effectuate the
purposes of the 1996 Act.

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List of Subjects in 7 CFR Part 1217
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Softwood Lumber promotion, Reporting
and recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 1217 is amended
as follows:

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PART 1217—SOFTWOOD LUMBER
RESEARCH, PROMOTION,
CONSUMER EDUCATION AND
INDUSTRY INFORMATION ORDER
1. The authority citation for 7 CFR
part 1217 continues to read as follows:

■

Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401.

2. Subpart C, consisting of § 1217.520,
is added to read as follows:

■

Subpart C—Rules and Regulations
§ 1217.520 Late payment and interest
charges for past due assessments.

(a) A late payment charge shall be
imposed on any domestic manufacturer
or importer who fails to make timely
remittance to the Board of the total
assessments for which they are liable.
The late payment will be imposed on
any assessments not received within 60
calendar days of the date they are due.
This one-time late payment charge shall
be 10 percent of the assessments due
before interest charges have accrued.
(b) In addition to the late payment
charge, 11⁄2 percent per month interest
on the outstanding balance, including
any late payment and accrued interest,
will be added to any accounts for which
payment has not been received by the
Board within 60 calendar days after the
day assessments are due. Interest will
continue to accrue monthly until the
outstanding balance is paid to the
Board.
Dated: October 23, 2014.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2014–25657 Filed 10–28–14; 8:45 am]
BILLING CODE 3410–02–P

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 103
[CIS No. 2517–11; Docket No. USCIS–2012–
0006]
RIN 1615–AC01

Notices of Decisions and Documents
Evidencing Lawful Status
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Final rule; request for
comments.
AGENCY:

The Department of Homeland
Security (DHS) is amending its
regulations governing when U.S.
Citizenship and Immigration Services
(USCIS) will issue correspondence,
notices of decisions, and documents
evidencing lawful status in the United

SUMMARY:

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States to an applicant, petitioner,
attorney, or accredited representative.
Specifically, this final rule explains how
USCIS will issue requests, notices,
cards, and original documents to
applicants, petitioners, and their
attorneys or accredited representatives
of record. This final rule also amends
the regulations to allow represented
applicants to specifically consent to and
request that any notices, decisions, and
secure identity documents be sent solely
to the official business address of the
applicants’ attorney or accredited
representative, as reflected on a
properly executed Notice of Entry of
Appearance as Attorney or Accredited
Representative. Further, through this
final rule, DHS clarifies USCIS
notification practices relating to
represented parties. These changes will
conform USCIS notice procedures to
account for the full range of stakeholder
norms, including industry preferences,
in response to stakeholder comments.
DATES: Effective Date: This final rule is
effective on January 27, 2015.
Comment Date: Written comments on
the final rule must be submitted on or
before December 29, 2014. Written
comments on the Paperwork Reduction
Act (PRA) section of this final rule
(regarding the revisions to the Form G–
28, Notice of Entry of Appearance as
Attorney or Accredited Representative
and Form G–28I, Notice of Entry of
Appearance as Attorney in Matters
Outside the Geographic Confines of the
United States) must be submitted on or
before November 28, 2014.
ADDRESSES: You may submit comments,
identified by DHS docket number
USCIS–2012–0006 by one of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: You may submit comments
directly to USCIS by email at
[email protected]. Include
DHS docket number USCIS–2012–0006
in the subject line of the message.
• Mail: Comments may be submitted
to: DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140. To
ensure proper handling, please
reference DHS docket number USCIS–
2012–0006 on your correspondence.
This mailing address may be used for
paper, disk, or CD–ROM submissions.
• Hand Delivery/Courier: Laura
Dawkins, Chief, Regulatory
Coordination Division, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 20 Massachusetts
Avenue NW., Washington, DC 20529–

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2140. Contact Telephone Number is
(202) 272–8377.
• Please refer to the PRA section of
this final rule for instructions on how to
submit comments regarding the
revisions to Form G–28, Notice of Entry
of Appearance as Attorney or
Accredited Representative and Form G–
28I, Notice of Entry of Appearance as
Attorney in Matters Outside the
Geographic Confines of the United
States).
FOR FURTHER INFORMATION CONTACT:

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Minas Khoudaghoulian, Chief,
Adjustment and Naturalization Branch,
Service Center Operations Directorate,
Washington, DC, 20 Massachusetts Ave.
NW., Washington, DC 20529. Email:
[email protected].
Telephone: (202) 272–1785.
SUPPLEMENTARY INFORMATION:
I. Public Participation
All interested parties are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this final
rule. DHS and U.S. Citizenship and
Immigration Services (USCIS) also
invite comments that relate to the
economic, environmental, or federalism
effects that might result from this final
rule. Comments that will provide the
most assistance to USCIS in
implementing these changes will
reference a specific portion of the final
rule, explain the reason for any
recommended change, and include data,
information, or authority that supports a
recommended change.
Instructions: All submissions must
include the agency name and DHS
Docket No. USCIS–2012–0006 for this
rulemaking. Regardless of the method
used for submitting comments or
material, all submissions will be posted,
without change, to the Federal
eRulemaking Portal at http://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to
consider limiting the amount of
personal information that you provide
in any voluntary public comment
submission you make to DHS. DHS may
withhold information provided in
comments from public viewing that it
determines may impact the privacy of
an individual or is offensive. For
additional information, please read the
Privacy Act notice that is available via
the link in the footer of http://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.

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II. Background
USCIS generally sends original
notices and documents to the applicant
or petitioner who requested the
immigration benefit. See 8 CFR
103.2(b)(19). Under certain limited
circumstances, notices to an
unrepresented applicant or petitioner
may be sent to a location or person
designated by the applicant or
petitioner. Examples of such situations
would include a Violence Against
Women Act self-petitioner who
provides a ‘‘safe’’ address for mail or an
applicant who is subject to legal
guardianship. If the applicant or
petitioner is represented by an attorney
or accredited representative
(collectively referred to as
representatives), USCIS also will send a
courtesy copy of such notices and
documents to the representative. See 8
CFR 103.2(a)(3), 292.5(a). In this rule,
DHS updates and clarifies how
applicants, petitioners, and their
representatives will be notified of
actions taken on their immigration
benefit requests.
Prior to 1994, the Immigration and
Naturalization Service (INS),1 generally
mailed two copies of every approval and
denial notice in cases in which the
applicant or petitioner was
represented—one to the representative
and one to the applicant or petitioner.
See Changes in Processing Procedures
for Certain Applications and Petitions
for Immigration Benefits, 59 FR 1455,
1463 (Jan. 11, 1994). In 1991, as part of
a broader rule designed to simplify and
streamline filing and processing of
immigration benefits, INS proposed new
notice procedures. See Changes in
Processing Procedures for Certain
Applications and Petitions for
Immigration Benefits, 56 FR 61201,
61207 (Dec. 2, 1991). Specifically, INS
proposed that, where an applicant or
petitioner is represented, all notices,
cards and documents issued at approval
would be sent to that representative.
Documents produced after an approval
notice was sent out, however, would be
mailed directly to the applicant, with no
confirmation to the representative. Id.
Commenters on that proposed rule
pointed to past problems with attorneys
and accredited representatives receiving
courtesy copies and argued that INS
1 The Homeland Security Act of 2002 transferred
primary authority for the administration and
enforcement of the immigration and naturalization
laws to the Secretary of Homeland Security. See
Public Law 107–296, section 1102(2), 116 Stat. 2135
(Nov. 25, 2002), as amended by Pub. L. 108–7,
section 105(a)(1), 117 Stat. 11 (Feb. 20, 2003)
(codified at 8 U.S.C. 1103(a)); see also 6 U.S.C.
271(b) (transfer of INS immigration benefits
adjudication functions to USCIS).

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should continue to issue separate
notices as a safeguard. See 59 FR 1455.
INS agreed with the commenters and in
the final rule required that separate
notices would be sent to the applicant
or petitioner and his or her authorized
representative. Id. at 1463.
III. Reason for This Change
On August 29, 2011, DHS published
a final rule addressing USCIS’s
transformation initiative—a program to
change USCIS business processes from
a paper-based process to an electronic
environment. Immigration Benefits
Business Transformation, Increment I,
76 FR 53764 (Aug. 29, 2011) (August
2011 final rule). The August 2011 final
rule removed references to form
numbers, form titles, expired regulatory
provisions, and descriptions of internal
procedures, many of which will change
as USCIS transitions from paper forms
to its electronic immigration system
USCIS Electronic Immigration System,
also known as USCIS ELIS. DHS did not
alter substantive provisions of the
regulations but updated language in the
regulations to facilitate filing and
adjudication in an electronic
environment. Among the provisions
amended in the August 2011 final rule
was 8 CFR 103.2(b)(19), which governs
how USCIS will notify applicants,
petitioners, and their representatives of
actions taken on their immigration
benefit requests. See 76 FR at 53780.
Before the August 2011 rule, 8 CFR
103.2(b)(19) provided that notices and
secure documents would go directly to
the applicant or petitioner, where the
applicant and petitioner were
unrepresented. The rule also provided
that when applicants or petitioners were
represented, USCIS would also send
notices to the attorney of record or
accredited representative. In the August
2011 final rule, DHS revised 8 CFR
103.2(b)(19). See 76 FR at 53781.
In response to the August 2011 final
rule, many USCIS stakeholders,
including several large employers,
colleges, universities, and law firms,
asked USCIS to clarify its notification
process. Some stakeholders noted that it
is a common business practice for
employers to have their representatives
receive and distribute documents to
their international workforce. They also
noted that USCIS has routinely sent
original notices to attorneys or
accredited representatives. The
stakeholders asked USCIS to clarify that
the August 2011 final rule did not
change this practice and urged that
USCIS maintain its current practice.
DHS agrees that a clarification is
needed. DHS has been informed by
stakeholders that large corporations,

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universities, and employers of foreign
workers prefer having notices or
decisions regarding petitions they have
filed on behalf of their employees sent
to one centralized location, such as the
corporation’s in house counsel, the
employer’s legal representative, or the
company’s human resources
department. As previously stated,
USCIS will continue its prior practice of
sending original notices for benefit
requests to attorneys or accredited
representatives. Nevertheless, DHS does
not believe that the current regulations
are sufficiently clear on this point.
Consequently, in this final rule, DHS
will amend its regulations in several
ways. First, USCIS will clarify that it
will send notices only to the applicant
or petitioner when the applicant or
petitioner is unrepresented. See new 8
CFR 103.2(b)(19)(i). Second, if USCIS
has been properly notified that the
person or entity filing the benefit
request is represented by an attorney or
accredited representative recognized by
the Department of Justice, Board of
Immigration Appeals, USCIS will send
notices to the applicant or petitioner
who filed the benefit request and to
their attorney or accredited
representative of record. See new 8 CFR
103.2(b)(19)(ii)(A). Third, if provided for
in the applicable form, form
instructions, or regulations for a specific
benefit request, an applicant or
petitioner may request that USCIS send
original notices and documents only to
the official business address of their
attorney or accredited representative, as
reflected on a properly executed Notice
of Entry of Appearance as Attorney or
Accredited Representative, with a
courtesy copy being sent to the
applicant or petitioner for their records.
See id. Fourth, for applications or
petitions filed electronically, USCIS will
notify both the applicant or petitioner
and the authorized attorney or
accredited representative electronically
of any notices or decisions. Electronic
notification will not be provided,
however, if the applicant or petitioner
specifically requests to receive paper
notices or decisions by mail, or if USCIS
determines that issuing a paper notice
or decision for an electronically-filed
application or petition is warranted. See
new 8 CFR 103.2(b)(19)(ii)(B). Fifth,
USCIS has codified its current practice
of sending Form I–797, Notice of
Action, as an approval notice with a
tear-off I–94, Arrival-Departure Record,
to the applicant’s or petitioner’s
attorney or accredited representative.
Currently, applicants who are approved
for an extension of stay or change of
status receive a Form I–797, Notice of

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Action that has a tear-off I–94, which
the applicant can use as evidence of his
or her current lawful status. For
applicants or petitioners who are
represented, USCIS will continue to
send these notices only to the official
business address of their attorneys or
accredited representatives, as reflected
on a properly executed Notice of Entry
of Appearance as Attorney or
Accredited Representative, unless the
applicant or petitioner specifically
request that USCIS instead send it to his
or her mailing address. Finally, USCIS
will continue to send original secure
identification documents, such as
Permanent Resident Cards and
Employment Authorization Documents,
only to the applicant or petitioner (when
the alien is a self-petitioner), unless the
applicant or self-petitioner specifically
consents to having the secure
identification document sent to his or
her attorney of record or accredited
representative. The Notice of Entry of
Appearance as Attorney or Accredited
Representative or the online
representative account profile in
USCIS’s electronic immigration system
must reflect the official business address
of the attorney or accredited
representative in the address section.
See new 8 CFR 103.2(b)(19)(iii). These
changes will conform USCIS’s notice
procedures with industry norms in
response to stakeholder comments.
IV. Statutory and Regulatory
Requirements
A. Administrative Procedure Act
The Administrative Procedure Act
(APA) requires DHS to provide public
notice and seek public comment on
substantive regulations. See 5 U.S.C.
553. The APA, however, provides
limited exceptions to this requirement
for notice and public comment,
including for ‘‘rules of agency
organization, procedure or practice.’’ 5
U.S.C. 553(b)(A).
This final rule addresses requirements
that are procedural in nature and does
not alter the substantive rights of
individuals. In this final rule, DHS
clarifies policies for sending notices,
copies, and originals of correspondence,
decisions, and secure identification
documents to applicants, petitioners,
attorneys and accredited
representatives. These minor changes to
USCIS mailing procedures do not alter
a substantive right. Therefore, since this
final rule is procedural, notice and
opportunity for public comment are not
required. See 5 U.S.C. 553(b)(A). DHS
nevertheless invites comments on this
final rule and will consider all timely
comments submitted during the public

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comment period as described in the
‘‘Addresses’’ section.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
mandates that DHS conduct a regulatory
flexibility analysis when it publishes
any general notice of proposed
rulemaking. 5 U.S.C. 603(a). RFA
analysis is not required when a rule is
exempt from notice-and-comment
rulemaking. DHS has determined that
this rule is exempt from the notice-andcomment requirements in 5 U.S.C. 553,
and, therefore, a regulatory flexibility
analysis is not required.
C. Unfunded Mandates Reform Act of
1995
This final 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.
D. Small Business Regulatory
Enforcement Fairness Act of 1996
This final rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. 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 U.S.-based companies to
compete with foreign-based companies
in domestic and export markets.
E. Executive Order 12866 and Executive
Order 13563
DHS does not consider this final rule
to be a ‘‘significant regulatory action’’
under Executive Order 12866, section
3(f), Regulatory Planning and Review, as
supplemented by Executive Order
13563. Based on DHS’s preliminary
analysis, this final rule is cost neutral as
it imposes no costs and does not result
in discernible monetary benefits.
Accordingly, this final rule has not been
submitted to the Office of Management
and Budget (OMB) for review.
DHS is pursuing this regulatory action
to accord its regulations with industry
norms and stakeholder requests. This
final rule makes two clarifications and
one change. First, the regulation will
clarify that USCIS will send original
notices and documents only to the
applicant or petitioner if he or she is not
represented by an attorney or accredited

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representative, recognized by the BIA,
who has filed a Form G–28, Notice of
Entry of Appearance as Attorney or
Accredited Representative or a Form G–
28I, Notice of Entry of Appearance as
Attorney in Matters Outside the
Geographic Confines of the United
States. See 8 CFR 292.4(a), 292.5(a).
Second, if the applicant or petitioner is
represented, USCIS generally will send
original notices and documents both to
the applicant or petitioner and to their
attorney or accredited representative.
This regulation will allow applicants
and petitioners to choose to have USCIS
mail original notices and documents
only to their attorneys or accredited
representatives if USCIS indicates that
this option is available through the
USCIS online application system,
applicable forms, form instructions, or
regulations for a specific benefit request.
As stated earlier in this preamble, some
stakeholders noted that it is a common
business practice for employers to have
their representatives receive and
distribute documents to their
international workforce. Because this
final rule provides that option for the
employer, employers will benefit from
not being required to adjust their
internal processes to match USCIS
notice practices. DHS may amend a
form in the course of regular program
administration to expand the options for
the mailing of notices at its discretion,
but will incur no cost as a direct result
of this final rule. Employers generally
prefer that original notices and
documents from USCIS are sent only to
their representatives, thus DHS expects
no cost to result from indicating to
which address applicants or petitioners
want notices sent. In addition, attorneys
or representatives already transmit
documents to the aliens and petitioners
they represent based on where the alien
or petitioner needs or desires to
maintain the original, so this rule
should impose no additional record
keeping burden.
DHS also is revising the regulation to
provide that two originals will be sent
in the case of represented parties
instead of the current practice of
sending one original and one courtesy
copy. This will not result in any
additional costs because the costs for
issuing an original of a USCIS notice,
such as printing and mailing, would be
similar to the costs for issuing a copy.
Finally, the quantity of notices and
documents sent will not change, only
where and how they are sent. Therefore,
DHS estimates that these two
clarifications and change will not result
in a direct cost to USCIS or to an
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applicants and petitioners may benefit
from the clarifications.
F. Executive Order 13132
This final rule will not have
substantial direct effects on the States,
on the relationship between the Federal
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, DHS has 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 final rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
H. Paperwork Reduction Act
Under the PRA, 44 U.S.C. chapter 35,
all Departments are required to submit
to OMB, for review and approval, any
reporting requirements inherent in a
rule. USCIS 2 is revising the Notice of
Entry of Appearance as Attorney or
Accredited Representative (Form G–28)
and the Notice of Entry of Appearance
as Attorney In Matters Outside the
Geographical Confines of the United
States (Form G–28I), and their
associated form instructions to prepare
the forms for filing availability in USCIS
ELIS, to add a foreign address and
foreign phone number field, and to
make plain language changes. In
addition Forms G–28 and G–28I are
revised to add check-boxes that will
implement the changes this final rule
makes to 8 CFR 103.2(b)(19).
Specifically, USCIS is revising the forms
to provide that, for represented parties,
DHS will send all original notices
regarding any application or petition
filed with DHS to both the applicants or
petitioners and the attorney of record or
accredited representative either through
the mail or electronic delivery.
However, on the Form G–28 and Form
G–28I, unless otherwise provided in the
applicable regulations or form
instructions, the applicant or petitioner
may instruct USCIS to send any original
notice regarding an application or
petition that he or she has filed with
USCIS, including Requests for Evidence
2 DHS is the authoritative regulatory actor that is
carrying out this rulemaking. USCIS is the
component of DHS that manages its forms and
publishes Federal Register notices under the
Paperwork Reduction Act. Thus, USCIS is
referenced as the actor in the Paperwork Reduction
Act section of this preamble with regard to the form
revisions.

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and notices of decision, to the official
business address of their attorney of
record or accredited representative as
listed in the form. USCIS is also revising
the G–28/28I to provide that, for
represented parties, DHS will only send
Form I–94, Arrival-Departure Record or
any secure identity document, such as
a Permanent Resident Card or
Employment Authorization Document,
for which he or she is approved, to the
applicant or petitioner (where the
individual is a self-petitioner/
beneficiary), unless the applicant or
self-petitioner/beneficiary instructs
USCIS to send the secure identity
document to the official business
address of his or her attorney of record
or accredited representative. See new 8
CFR 103.2(b)(19)(i)–(iii).
The revised Forms G–28 and G–28I
have been submitted to the Office of
Management Budget (OMB) for review
and approval under procedures covered
under the PRA. USCIS is requesting
comments on this information
collection for 30-days until November
28, 2014. USCIS previously published a
notice in the Federal Register in
connection with this information
collection on May 19, 2014 at 79 FR
28757.3 DHS received 8 comments in
connection with this notice during the
60-day comment period. Public
comments were submitted by 7
individuals and one organization. All of
the comments are summarized and
addressed as follows.
Two commenters requested that
USCIS reprogram the Form G–28/28I
that may be completed on a computer
(‘‘fillable form’’) to permit more
alphabetic characters than it currently
permits attorneys to insert. Both of these
commenters also requested that the
fillable data fields permit the insertion
of non-textual and special characters in
addition to alphabetic characters. In
response, USCIS cannot expand the
number of characters permitted in the
form’s data fields or permit symbols and
special characters. The technology used
for the bar coding of the forms and the
upload of the forms incorporates data
standards that are intended to insure the
integrity of the data that is captured and
facilitate the flow of the data into
information collection, storage and
reporting systems. The form data
standards impose limits on the size of
fields and the use of special characters
based on what past results and research
3 See Agency Information Collection Activities:
Notice of Entry of Appearance as Attorney or
Accredited Representative; Notice of Entry of
Appearance as Attorney In Matters Outside the
Geographical Confines of the United States, Form
G–28; G–28I; Revision of a Currently Approved
Collection, 79 FR 28757 (May 19, 2014).

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show are the parameters that provide
the best results while still serving the
needs of respondents and DHS. As such,
the data fields cannot permit an
unlimited number or type of characters.
Nevertheless, USCIS believes the data
elements can accommodate the
requirements of most attorneys and
accredited representatives. USCIS also
provides a new Part 6. Additional
Information section in the form to allow
respondents to add or address any
additional responses that may exceed
the current field limits.
One commenter requested that USCIS
add a space on the Form G–28/28I to
indicate who is an authorized signatory
for represented entities that are filing
the related immigration benefit request.
USCIS understands that who is an
authorized signatory for an entity is not
defined on all USCIS forms or by
regulations and it may not always be
clear. Nevertheless, Form G–28/28I is
not the proper form for entities to use
to designate an authorized signatory
because it is used only to identify the
petitioner/applicant’s attorney or
accredited representative of record to
DHS. DHS and USCIS will explore
whether this issue needs to be
addressed in a future rulemaking, field
office guidance, form instructions, or
other policy instruments. Meanwhile,
all benefit requests require the person
signing the request to possess the
authority to file the request on the
applicant or petitioner’s behalf. Where
USCIS has reason to doubt the person’s
authority to sign, we may send a request
for evidence as necessary to establish
that the person has the requisite
authority.
One commenter requested that USCIS
move all signature blocks to the same
place at bottom of the page. USCIS is
uncertain what the commenter is
requesting. The signature of the
applicant, petitioner, or respondent
precedes the signature of the attorney or
accredited representative on the final
page of the Form G–28/28I, and they are
followed only by a section of the form
which permits necessary additional
information. The commenter is invited
to submit clarifying comments in
response to this notice.
One commenter complained that
USCIS regularly fails to associate a new
Form G–28/28I with the case when the
form is filed to indicate that a pending,
previously unrepresented filer, now has
representation, or when the filer of the
benefit request submits a new Form
G–28/28I to indicate that it has a new
representative. USCIS endeavors to
make sure that each case reflects that it
is subject to representation when a valid
Form G–28/28I is filed. Nonetheless,

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USCIS processes millions of
immigration benefit requests per year
and much of the adjudication continues
to be a paper-reliant process. As cases
are adjudicated, files proceed through a
number of steps, including intake,
receipting, background and security
checks, and routing to the proper office
for further processing. As a result,
immediately associating a subsequently
filed Form G–28/28I with the client’s
case is not always possible.
Nonetheless, USCIS appreciates the
commenter’s views and will strive to
improve the precision of its process and
service to its customers. If any attorney
or accredited representative is
concerned that his or her G–28/G–28I
has not reached the appropriate USCIS
office, we encourage you to contact the
National Customer Service Line for
information on how to the notify the
appropriate USCIS office handling your
client’s case of your authorized
representation.
One commenter has asked USCIS to
revise the fillable form to allow the
attorney to write in the state two-letter
abbreviations without requiring that
they search through an alphabetical
listing of all state abbreviations in a
drop-down menu. USCIS agrees with
this comment. Thus, we will adopt the
suggestion when we revise the form.
One commenter requested that the
form permit a period to be placed in the
address data element so, for example,
addresses such as North Main Street
may be N. Main, Court may be Ct., and
Boulevard can be Blvd. As stated
previously, USCIS follows standards in
form development that insure the
integrity of the data collected and
uploaded into its systems. In addition,
guidance from the U.S. Postal Service
about addressing mail states: ‘‘Avoid
commas, periods, or other
punctuation—it helps your mailpiece
speed through our processing
equipment.’’ See https://www.usps.com/
ship/addressing-tips.htm. Thus, the
commenter’s suggestion is not adopted.
In the notice, USCIS requested
comments on the new features of Form
G–28/G–28I regarding the USCIS
notification practices relating to
represented parties that DHS is
promulgating in this final rule. One
commenter suggested that DHS should
send all original correspondence,
including notices, Permanent Resident
Cards, and Employment Authorization
Documents, to the attorney of record
when USCIS has been informed that the
filer is represented. The commenter
suggested that only courtesy copies be
sent to the represented party, because
their clients often move and the mail

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may not make it to them at their new
address.
DHS and USCIS understand and
appreciate the commenters view. As
stated elsewhere in this preamble,
however, INS proposed in 1991 that all
notices, cards and documents be sent to
the representative as the commenter
suggests. Commenters largely opposed
the proposal and argued that INS should
continue to issue separate notices. See
59 FR 1455. INS agreed with the
commenters and in the final rule
required separate notices to be sent to
the applicant or petitioner and his or
her authorized representative. Id. at
1463. One commenter on this notice
requested this change. The commenter’s
suggestion will not be adopted and the
represented client will be permitted to
choose where notices and secure
identity documents are sent.
One commenter requested that USCIS
add a column for Department of State
filings in Part 3, section 1, of the Form
G–28/28I. The comment did not expand
on that request. Part 3 of the form is the
Eligibility Information for the Attorney.
USCIS knows of no edit to that section
that would convey that the
representation involves a filing at a U.S.
consulate or embassy. In addition, while
several USCIS immigration benefit
requests permit filing at a U.S. consulate
or embassy, the commenter did not
provide a reason why such a distinction
is necessary or helpful on Form G–28/
28I and USCIS knows of none. Thus the
suggestion is not adopted. USCIS
welcomes a comment on this notice
from the commenter clarifying the
suggestion.
One commenter also requested that
the Form G–28/28I be revised to permit
the attorney to enter a foreign state and
province in Section 3, parts 6d and 6e.
Neither Form G–28 nor Form G–28I
includes a Section 3, nor do they
include a part 6d or 6e. Perhaps USCIS
has misunderstood the comment,
because both forms already permit
inclusion of foreign states and
provinces. Thus no changes are made in
response to this comment. DHS invites
the commenter to submit a scanned pen
and ink markup of his suggested edits
in response to this 30-day notice that
shows the changes the commenter had
in mind.
One commenter requested that USCIS
add Internet hyperlinks to the form and
docket in addition to the docket number
in all Federal Register notices
published for a form revision as
required by the PRA. USCIS appreciates
how much more convenient it is to click
on an Internet hyperlink that takes you
directly to the form or part of a Web site
upon which you wish to comment

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Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations

instead of being required to use one’s
intuition to navigate through the parts of
a Web site to find a desired document.
We would adopt this comment if we
could. The timing and process of a
Federal Register notice, however,
precludes USCIS from knowing the
precise uniform resource locator (URL)
for viewing the forms until after it has
been published. In addition, for ease in
handling comments, and maintaining
the docket, DHS wants to utilize the
Federal Docket Management System
docket at http://www.regulations.gov for
the official versions of the forms and all
comments received on each information
collection request. If a form cannot be
found on the Internet, a copy will be
provided upon request as indicated in
the Federal Register notice.
One commenter requests that USCIS
change question 9 on the Form G–28/28I
to ask for the telephone number at
which the individual can best be
reached, and not ask for a mobile
number. USCIS understands the
comment and agrees that there should
be a field to capture the daytime
telephone number for the applicant or
petitioner as the primary contact
number. USCIS, however, will not
delete the mobile telephone number as
a data element. USCIS asks for the
mobile telephone number in Item
Number 9 to facilitate USCIS text
message updates to the applicant and
petitioner or represented party. For
clarification, USCIS will add the words
‘‘(if any)’’ after the words ‘‘Mobile
Telephone Number’’ to avoid any
implication that a mobile telephone
number is mandatory.
One commenter asked USCIS to
specify what notices and documents the
client will receive and what notices and
documents the attorney will receive if
no box is checked on Form G–28/28I, if
only box 2a is checked, if only box 2b
is checked, or if both boxes are checked
on the form. The commenter did not
indicate where or in what manner they
are suggesting USCIS provide that
information. Nevertheless, this final rule
explains what type of notices,
documents, and situations to which
these changes apply much more in
depth than what we provide in the
instructions for Form G–28/28I or the
Federal Register notice. USCIS believes
the additional explanation in this final
rule will clarify this issue for the
commenter. No additional changes will
be made in response to the comment.
One commenter requested that USCIS
change the Form G–28/G–28I signature
requirements to conform to that of U.S.
Immigration and Customs Enforcement
(ICE). The commenter stated that ICE
does not require represented parties to

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sign Form G–28 when they are in ICE
custody or detention. DHS regulations at
8 CFR 103.2(a)(3) and 8 CFR 292.4(a)
require individuals to sign Form G–28/
28I. The regulations provide no
exemption for individuals who are in
the custody of law enforcement. Thus,
USCIS cannot adopt the commenter’s
suggestion.
Finally, two commenters expressed
general and strong support for the
changes that USCIS proposed to make to
the Form G–28. No commenters
opposed the proposed changes.
When submitting comments on this
information collection, your comments
should address one or more of the
following four points.
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of Information Collection
(1) Type of information collection:
Revised information collection.
(2) Abstract: This information
collection is used by DHS to determine
eligibility of the individual to appear as
an authorized attorney or accredited
representative. Form G–28 is used by
attorneys admitted to practice in the
United States and accredited
representatives of charitable
organizations recognized by the
Executive Office for Immigration
Review, Board of Immigration Appeals.
Form G–28I is used by attorneys
admitted to the practice of law in
countries other than the United States
and applies only to representation in
matters in DHS offices outside the
geographical confines of the United
States. If the representative is eligible,
the form is filed with the case and the
information is entered into DHS systems
for whatever type of application or
petition it may be.
(3) Title of Form/Collection: Notice of
Entry of Appearance as Attorney or
Accredited Representative and the

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Notice of Entry of Appearance as
Attorney in Matters Outside the
Geographical Confines of the United
States.
(4) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form G–28
and Form G–28I.
(5) Affected public who will be asked
or required to respond: Business or
other for-profit. The information
collected on Form G–28 and Form
G–28I allows an attorney to identify his
or her representation of a person in
matters either within the geographical
confines of the United States, or outside
of the geographical confines of the
United States respectively.
(6) An estimate of the total number of
annual respondents: For the paper Form
G–28, 2,223,700 respondents with an
average response time of .833 hour (50
minutes); for the USCIS ELIS-filed Form
G–28, 281,950 respondents with and
average response time of .667 hour (40
minutes); for the paper Form G–28I,
25,057 respondents with an average
response time of .833 hour (50 minutes).
(7) An estimate of the total public
burden (in hours) associated with the
collection: 2,057,943 annual burden
hours.
Written comments and/or suggestions
regarding the estimated public burden
and associated response time should be
directed to DHS and to the OMB USCIS
Desk Officer. Comments may be
submitted to DHS as provided in the
ADDRESSES section of this preamble and
to the OMB USCIS Desk Officer via
facsimile at 202–395–5806 or via email
at [email protected]. When
submitting comments by email, please
make sure to add OMB Control Number
1615–0026 in the subject box. All
submissions received must include the
agency name, OMB Control Number and
Docket ID.
List of Subjects in 8 CFR Part 103
Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of
information, Immigration, Privacy,
Reporting and recordkeeping
requirements, Surety bonds.
Accordingly, DHS is amending part
103 of chapter I of title 8 of the Code
of Federal Regulations to read as
follows:
PART 103—IMMIGRANT BENEFITS;
BIOMETRIC REQUIREMENTS:
AVAILABILITY OF RECORDS
1. The authority citation for part 103
continues to read as follows:

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Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1101, 1103, 1304, 1356, 1356b; 31 U.S.C.
9701; Public Law 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; Pub. L. 112–54.

Subpart A—Applying for Benefits,
Surety Bonds, Fees
2. Section 103.2(b)(19) is revised to
read as follows:

■

§ 103.2 Submission and adjudication of
benefit requests.

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*

*
*
*
*
(b) * * *
(19) Notification. (i) Unrepresented
applicants or petitioners. USCIS will
only send original notices and
documents evidencing lawful status
based on the approval of a benefit
request directly to the applicant or
petitioner if the applicant or petitioner
is not represented.
(ii) Represented applicants or
petitioners. (A) Notices. When an
applicant or petitioner is represented,
USCIS will send original notices both to
the applicant or petitioner and his or
her authorized attorney or accredited
representative. If provided in this title,
on the applicable form, or on form
instructions, an applicant or petitioner
filing a paper application or petition
may request that all original notices,
such as requests for evidence and
notices of decision, only be sent to the
official business address of the
applicant’s or petitioner’s authorized
attorney or accredited representative, as
reflected on a properly executed Notice
of Entry of Appearance as Attorney or
Accredited Representative. In such
instances, a courtesy copy of the
original notice will be sent to the
applicant or petitioner.
(B) Electronic notices. For
applications or petitions filed
electronically, USCIS will notify both
the applicant or petitioner and the
authorized attorney or accredited
representative electronically of any
notices or decisions. Except as provided
in paragraph (b)(19)(ii)(C) of this
section, USCIS will not issue paper
notices or decisions for electronicallyfiled applications or petitions, unless:
(1) The option exists for the applicant
or petitioner to request to receive paper
notices or decisions by mail through the
U.S. Postal Service, by indicating this
preference in his or her electronic
online account profile in USCIS’s
electronic immigration system; or
(2) USCIS, in its discretion,
determines that issuing a paper notice
or decision for an electronically-filed
application or petition is warranted.

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(C) Approval notices with attached
Arrival-Departure Records. USCIS will
send an original paper approval notice
with an attached Arrival-Departure
Record, reflecting USCIS’s approval of
an applicant’s request for an extension
of stay or change of status, to the official
business address of the applicant’s or
petitioner’s attorney or accredited
representative, as reflected on a
properly executed Notice of Entry of
Appearance as Attorney or Accredited
Representative or in the address section
of the online representative account
profile in USCIS’s electronic
immigration system, unless the
applicant specifically requests that the
original approval notice with an
attached Arrival-Departure Record be
sent directly to his or her mailing
address.
(iii) Secure identity documents.
USCIS will send secure identification
documents, such as a Permanent
Resident Card or Employment
Authorization Document, only to the
applicant or self-petitioner unless the
applicant or self-petitioner specifically
consents to having his or her secure
identification document sent to the
official business address of the
applicant’s or self-petitioner’s attorney
of record or accredited representative, as
reflected on a properly executed Notice
of Entry of Appearance as Attorney or
Accredited Representative or in the
address section of the online
representative account profile in
USCIS’s electronic immigration system.
*
*
*
*
*
Jeh Charles Johnson,
Secretary.
[FR Doc. 2014–25622 Filed 10–28–14; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0285; Directorate
Identifier 2014–NM–035–AD; Amendment
39–17990; AD 2012–26–15 R1]
RIN 2120–AA64

Airworthiness Directives; Honeywell
International Inc. Air Data Pressure
Transducers
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; removal.
AGENCY:

We are removing
Airworthiness Directive (AD) 2012–26–

SUMMARY:

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15, which applied to certain Honeywell
International Inc. air data pressure
transducers as installed on various
aircraft. AD 2012–26–15 required doing
various tests or checks of equipment
having certain air data pressure
transducers, removing equipment if
necessary, and reporting the results of
the tests or checks. As an option to the
tests or checks, AD 2012–26–15 allowed
removal of affected equipment having
certain air data pressure transducers.
We issued AD 2012–26–15 to detect and
correct inaccuracies of the pressure
sensors, which could result in altitude,
computed airspeed, true airspeed, and
Mach computation errors. AD 2012–26–
15 reported that these errors could
reduce the ability of the flightcrew to
maintain the safe flight of the aircraft
and could result in consequent loss of
control of the aircraft. Since we issued
AD 2012–26–15, we have received new
data indicating that the safety risk is
lower than originally estimated.
DATES: This AD becomes effective
December 3, 2014.
ADDRESSES: You may examine the AD
docket on the Internet at http://
www.regulations.gov/
#!docketDetail;D=FAA-2014-0285; or in
person at the Docket Management
Facility, U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Sreekant Sarma, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5351; fax: 562–627–
5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Honeywell
International Inc. air data pressure
transducers as installed on various
aircraft. The NPRM published in the
Federal Register on May 28, 2014 (79
FR 30498). The NPRM was prompted by
new data indicating that the safety risk
is lower than originally estimated. The
NPRM proposed to remove AD 2012–
26–15, Amendment 39–17310 (78 FR
1735, January 9, 2013).
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.

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