[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Pages 16525-16526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6961]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Rules 
and Regulations  

[[Page 16525]]



DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Part 1274a

[EOIR No. 166F; AG Order No. 3260-2011]
RIN 1125-AA64


Reorganization of Regulations on Control of Employment of Aliens

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule adopts without change an interim rule with 
request for comments published in the Federal Register on January 15, 
2009. The interim rule amended regulations of the Executive Office for 
Immigration Review (EOIR), Department of Justice, by deleting the 
unnecessary, duplicative provisions in part 1274a of chapter V in title 
8 of the Code of Federal Regulations (CFR) that are the responsibility 
of the Department of Homeland Security (DHS). This rule also revised 
the remaining provisions in part 1274a to reference the applicable DHS 
regulations.

DATES: This rule is effective March 24, 2011.

FOR FURTHER INFORMATION CONTACT: Robin M. Stutman, General Counsel, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
2600, Falls Church, Virginia 22041, telephone (703) 305-0470 (not a 
toll-free call).

SUPPLEMENTARY INFORMATION: On January 15, 2009, the Department of 
Justice published an interim rule with request for comments amending 8 
CFR part 1274a. Reorganization of Regulations on Control of Employment 
of Aliens, 74 FR 2337 (Jan. 15, 2009). The Homeland Security Act of 
2002, as amended, transferred the functions of the former Immigration 
and Naturalization Service (INS) from the Department of Justice to DHS; 
however, it retained under the authority of the Attorney General the 
functions of EOIR, a separate agency within the Department of Justice. 
As the existing regulations often intermingled the responsibilities of 
the former INS and EOIR, this transfer required a reorganization of 
title 8 of the CFR in February 2003, including the establishment of a 
new chapter V in 8 CFR pertaining to EOIR. As part of this 
reorganization, a number of regulations pertaining to the 
responsibilities of DHS intentionally were duplicated in the new 
chapter V because those regulations also included provisions relating 
to the responsibilities of EOIR. As explained in the interim rule, the 
Department of Justice has determined that most of the duplicated 
regulations in part 1274a pertain to functions that are DHS's 
responsibility and do not need to be reproduced in EOIR's regulations 
in chapter V. The interim rule deleted the unnecessary, duplicative 
regulations in part 1274a and revised the remaining EOIR provisions to 
reference the applicable DHS regulations.
    The Department of Justice provided an opportunity for post-
promulgation comment even though this is a rule of internal agency 
organization. The comment period ended March 16, 2009. Two comments 
were received, including one from a legal service provider and another 
from a member of the public. The first comment proposed adding a new 
document--proof of asylee status--to the list of ``Documents that 
Establish Employment Authorization'' in 8 CFR 274a.2. The Department 
notes that the two sections mentioned by the commenter, 8 CFR 274a.2 
and 274a.12, are DHS regulations and are not part of the EOIR 
regulations. This comment appears to be addressing changes proposed by 
DHS in its interim rule, Documents Acceptable for Employment 
Eligibility Verification, 73 FR 76505 (Dec. 17, 2008). Furthermore, the 
comment did not discuss EOIR's regulations or EOIR's interim rule. The 
second comment expressed a general opinion about employment of aliens 
in the United States and did not discuss EOIR's interim rule. As 
neither comment addressed the changes set forth in the interim rule, 
there is no reason to revise the provisions of that rule. Accordingly, 
the interim rule amending 8 CFR part 1274a that was published on 
January 15, 2009, is being adopted as a final rule without change.

Regulatory Requirements

Administrative Procedure Act

    The Department of Justice provided an opportunity for post-
promulgation public comment under 5 U.S.C. 553, even though compliance 
with the requirements in 5 U.S.C. 553 with regard to notice of proposed 
rulemaking and delayed effective date is unnecessary. Such compliance 
is unnecessary because this rule makes only technical amendments to the 
organization, procedures, and practices of the Department of Justice to 
improve the organization of the Department regulations, reflects the 
transfer of functions contemplated by the Homeland Security Act of 
2002, and recodifies existing regulations.

Regulatory Flexibility Act

    As notice of proposed rulemaking is not required for this rule 
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do not apply.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, Public Law 
104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR 
part 1320, do not apply to this interim rule because there are no new 
or revised recordkeeping or reporting requirements.

Unfunded Mandates Reform Act of 1995

    This 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, (SBREFA), 5 
U.S.C. 804. This rule will not result in

[[Page 16526]]

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 United States-based companies to compete with foreign-
based companies in domestic and export markets.

Congressional Review Act

    This action pertains to agency organization, procedures, and 
practices and does not substantially affect the rights or obligations 
of non-agency parties. Accordingly, it is not a ``rule'' as that term 
is used by the Congressional Review Act (Subtitle E, SBREFA). 
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department of Justice has determined that this rule is not a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866, Regulatory Planning and Review. Accordingly, this rule has not 
been reviewed by the Office of Management and Budget (OMB).

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national 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, the Department of Justice has determined that 
this rule does not have sufficient federalism implications to warrant a 
federalism summary impact statement.

Executive Order 12988

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.

List of Subjects in Part 1274a

    Administrative practice and procedure, Immigration.

PART 1247a--[AMENDED]

0
Accordingly, the interim rule amending 8 CFR part 1274a that was 
published at 74 FR 2337 on January 15, 2009, is adopted as a final rule 
without change.

    Dated: March 18, 2011.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2011-6961 Filed 3-23-11; 8:45 am]
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