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46922 Federal Register / Vol. 72, No.

162 / Wednesday, August 22, 2007 / Proposed Rules

Authority: Pub. L. 107–296, 116 Stat. 2135, the subject of a record to impede the Dated: August 15, 2007.
6 U.S.C. 101 et seq.; 5 U.S.C. 301. Subpart A investigation, to tamper with witnesses or John Kropf,
also issued under 5 U.S.C. 552. Subpart B evidence, and to avoid detection or Acting Chief Privacy Officer, Department of
also issued under 5 U.S.C. 552a. apprehension. Amendment of the records Homeland Security.
2. At the end of Appendix C to Part could interfere with ongoing investigations
and law enforcement activities and would [FR Doc. E7–16461 Filed 8–21–07; 8:45 am]
5, add the following new paragraph ‘‘5’’
impose an unreasonable administrative BILLING CODE 4410–10–P
to read as follows:
burden by requiring investigations to be
Appendix C—DHS Systems of Records continually reinvestigated. In addition,
Exempt from the Privacy Act permitting access and amendment to such
information could disclose security-sensitive
* * * * * information that could be detrimental to SECURITY
5. The Department of Homeland Security
homeland security.
Arrival and Departure Information System
(c) From subsection (e)(1) (Relevancy and
U.S. Citizenship and Immigration
(ADIS) consists of centralized computerized Services
Necessity of Information) because in the
records and will be used by DHS and its
components. ADIS is the primary repository course of investigations into potential
violations of Federal law, the accuracy of 8 CFR Parts 1, 264, and 299
of data held by DHS for near real-time
immigrant and non-immigrant status tracking information obtained or introduced
occasionally may be unclear, or the [CIS No. 2354–05; DHS Docket No. USCIS–
through pre-entry, entry, status management, 2005–0056]
and exit processes, based on data collected information may not be strictly relevant or
by DHS or other Federal or foreign necessary to a specific investigation. In the
RIN 1615–AB36
government agencies and used in connection interests of effective law enforcement, it is
with DHS national security, law enforcement, appropriate to retain all information that may Application Process for Replacing
immigration, intelligence, and other DHS aid in establishing patterns of unlawful
Forms I–551 Without an Expiration
mission-related functions, and to provide activity.
(d) From subsection (e)(2) (Collection of Date
associated testing, training, management
reporting, planning and analysis, or other Information from Individuals) because AGENCY: U.S. Citizenship and
administrative uses. The information is requiring that information be collected from Immigration Services, DHS.
collected by, on behalf of, in support of, or the subject of an investigation would alert the
in cooperation with DHS and its components subject to the nature or existence of the ACTION: Notice of proposed rulemaking.
and may contain personally identifiable investigation, thereby interfering with that
information collected by other Federal, state, investigation and related law enforcement SUMMARY: U.S. Citizenship and
local, tribal, foreign, or international activities. Immigration Services (USCIS) issues
government agencies. (e) From subsection (e)(3) (Notice to Permanent Resident Cards (Forms I–
Pursuant to exemptions 5 U.S.C. 552a(j)(2) Subjects) because providing such detailed 551) to lawful permanent residents to
of the Privacy Act, this system is exempt information could impede law enforcement serve as evidence of immigration status,
from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), by compromising the existence of a registration, identity, and employment
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); confidential investigation or reveal the authorization, and as an entry document
(f); and (g). Pursuant to 5 U.S.C. 552a (k)(2), identity of witnesses or confidential upon return from a trip outside of the
this system is exempt from the following informants.
provisions of the Privacy Act, subject to the
United States. Currently, there are
(f) From subsections (e)(4)(G) and (H) and numerous lawful permanent residents
limitations set forth in those subsections: 5 (f) (Agency Requirements) because portions
U.S.C. 552a (c)(3); (d); (e)(1), (e)(4)(G), who possess cards without expiration
of this system are exempt from the individual
(e)(4)(H); and (f). Exemptions from these access provisions of subsection (d) and thus
dates. USCIS intends to terminate the
particular subsections are justified, on a case- would not require DHS to apply rules for validity of such Forms I–551. This rule
by-case basis to be determined at the time a records or portions of records which are proposes to establish a 120-day period
request for release or disclosure is made, for exempted from access or amendment upon for lawful permanent residents who
the following reasons: request. Access to, and amendment of, have Forms I–551 that do not bear
(a) From subsection (c)(3) and (4) system records that are not exempt or for expiration dates to apply for
(Accounting for Disclosures) because release
which exemption is waived may be obtained replacement cards. This rule also
of the accounting of disclosures could alert
under procedures described in the related proposes to amend USCIS regulations to
the subject of an investigation of an actual or
system of records notice (SORN) or Subpart remove references to outdated
potential criminal, civil, or regulatory
B of this Part. application procedures for Forms I–551.
violation to the existence of that investigation
(g) From subsection (e)(5) (Collection of The application process proposed by
and reveal investigative interest on the part
of DHS as well as the recipient agency. Information) because with the collection of
information for law enforcement purposes, it
this rule will enable USCIS to issue
Disclosure of the accounting would therefore more secure Forms I–551 to affected
present a serious impediment to law is impossible to determine in advance what
information is accurate, relevant, timely, and aliens, update cardholder information,
enforcement efforts and/or efforts to preserve conduct background checks, and
national security. Disclosure of the complete. Compliance with subsection (e)(5)
accounting would also permit the individual would preclude DHS agents from using their electronically store applicants’
who is the subject of a record to impede the investigative training and exercise of good biometric information that can be used
investigation, to tamper with witnesses or judgment to both conduct and report on for biometric comparison and
evidence, and to avoid detection or investigations. authentication purposes consistent with
apprehension, which would undermine the (h) From subsection (e)(8) (Notice on the goals of the Enhanced Border
entire investigative process. Individuals) because compliance would Security and Visa Entry Reform Act of
(b) From subsection (d) (Access to Records) interfere with DHS’s ability to obtain, serve, 2002.
because access to the records contained in and issue subpoenas, warrants, and other law
In addition, USCIS proposes to notify
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this system of records could inform the enforcement mechanisms that may be filed
under seal and could result in disclosure of
the public of the termination date for
subject of an investigation of an actual or
potential criminal, civil, or regulatory investigative techniques, procedures, and Forms I–551 without expiration dates by
violation to the existence of that investigation evidence. a subsequent Notice published in the
and reveal investigative interest on the part (i) From subsection (g) (Civil Remedies) to Federal Register. This rule also
of DHS or another agency. Access to the the extent that the system is exempt from proposes to correct the title and edition
records could permit the individual who is other specific subsections of the Privacy Act. date of the ‘‘Application to Replace

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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 46923

Lawful Permanent Resident Card,’’ ADDRESSES above for information on Immigration and Nationality Act (INA)
Form I–90. how to submit comments. sections 264(d), 274A(b)(1)(B)(ii) (8
DATES: Written comments must be Docket: For access to the docket to U.S.C. 1304(d), 1324a(b)(1)(B)(ii)); 8
submitted on or before September 21, read background documents or CFR 264.1(b); 8 CFR
2007. comments received, go to http:// 274a.2(b)(1)(v)(A)(2).
www.regulations.gov. Submitted USCIS has been authorized to collect
ADDRESSES: You may submit comments,
comments may also be inspected at the information and require the registration
identified by DHS Docket No. USCIS– office of the Director, Regulatory of aliens under section 262 of the INA,
2005–0056, by one of the following Management Division, U.S. Citizenship 8 U.S.C. 1302. Aliens registering with
methods: and Immigration Services, Department
• Federal eRulemaking Portal: http:// USCIS are required to provide
of Homeland Security, 111 information regarding the date and
www.regulations.gov. Follow the Massachusetts Avenue, NW., 3rd Floor,
instructions for submitting comments. place of the alien’s entry into the United
Washington, DC 20529. States; the activities in which the alien
• E-mail: You may submit comments
directly to USCIS by e-mail at II. Background has been and intends to be engaged; the
rfs.regs@dhs.gov. Include DHS Docket length of time the alien expects to
A. Statutory and Regulatory Authority remain in the United States; the police
No. USCIS–2005–0056 in the subject and Purpose
line of the message. and criminal record, if any, of the alien;
• Mail: The Chief, Regulatory A lawful permanent resident (LPR) is and any additional matters prescribed
Management Division, U.S. Citizenship an alien who has been granted the by DHS or DOS. INA sec. 264(a), 8
and Immigration Services, Department privilege of permanently living and U.S.C. 1304(a). All registered aliens over
of Homeland Security, 111 working in the United States (lawful 18 years of age must carry evidence of
Massachusetts Avenue, NW., 3rd Floor, permanent resident status), either by registration. INA sec. 264(e), 8 U.S.C.
Washington, DC 20529. To ensure adjusting status from a prior 1304(e). The failure to carry evidence of
proper handling, please reference DHS immigration status within the United registration is a misdemeanor offense.
Docket No. USCIS–2005–0056 on your States or by being admitted to the Id. The Form I–551 is a form of evidence
correspondence. This mailing address United States on an immigrant visa of registration issued to individuals who
may also be used for paper, disk, or CD– issued abroad by the U.S. Department of are LPRs. 8 CFR 264.1(b). The Form I–
ROM submissions. State (DOS). In most cases, USCIS must 551 also serves as evidence of
• Hand Delivery/Courier: U.S. first approve an immigrant petition for employment authorization and identity
Citizenship and Immigration Services, the intending immigrant. Typically, (see 8 CFR 274a.2(b)(1)(v)(A)(2)), and is
Department of Homeland Security, 111 these petitions are filed by an employer used as an entry document upon return
Massachusetts Avenue, NW., 3rd Floor, (e.g., Form I–140, Immigrant Petition for from a trip outside the United States
Washington, DC 20529. Contact Alien Worker) or relative (Form I–130, (see 8 CFR 211.1(a)(2)).
Telephone Number is (202) 272–8377. Petition for Alien Relative). After the Until 1989, Forms I–551 issued to
petition is granted, individuals living LPRs did not contain expiration dates;
Mark Phillips, Supervisory within the United States can apply for therefore, those still in circulation do
Adjudications Policy Officer, U.S. adjustment of status with USCIS or, for not require periodic replacement. See
Citizenship and Immigration Services, those in removal proceedings, the Memorandum from Commissioner
20 Massachusetts Ave., Suite 2304, immigration court, using Form I–485, James L. Buck on Alien Registration
Washington, DC 20529, telephone (202) ‘‘Application to Register Permanent Documentation (Form I–551) (July 18,
Residence or Adjust Status.’’ 1989).2 In August 1989, however, the
Individuals living abroad must file an then-Immigration and Naturalization
application for an immigrant visa with Service (INS) began issuing Forms I–551
I. Public Participation a DOS consular office. See 22 CFR with a 10-year expiration date, thereby
42.63(a)(1) (DS–230, Application for requiring the cardholder to apply
Interested persons are invited to
Immigrant Visa and Alien Registration). periodically for a new card, and, in so
participate in this rulemaking by As part of the adjustment of status
submitting written data, views, or doing, appear before USCIS to update
application process, applicants are personal information, the photograph
arguments on all aspects of the required to appear at a local USCIS
proposed rule. The Department of contained on the card, and other
Application Support Center (ASC) and biometric information, such as
Homeland Security (DHS) and U.S. submit to registration and biometrics
Citizenship and Immigration Services fingerprints. See 8 CFR 264.5(a), (b), (c);
capture by USCIS. Biometrics capture Instructions to Form I–90, ‘‘Application
(USCIS) also invite comments that relate currently includes fingerprint imaging
to the economic or federalism effects to Replace Permanent Resident Card.’’
and a digital photograph. Following The Form I–551 replacement process
that might result from this proposed approval of an adjustment application
rule. Comments that will provide the gives DHS an opportunity to collect
or after admission to the United States updated biometric information, conduct
most assistance to USCIS will reference on an immigration visa, the new LPR
a specific portion of the proposed rule, background checks, and issue updated
will receive a Form I–551, Permanent cards.
explain the reason for any Resident Card.1 (commonly referred to
recommended change, and include data, When the 10-year Form I–551 was
as a ‘‘green card’’). A Form I–551 is introduced in 1989, it was not
information, or authority to support evidence of the holder’s authorization to
such recommended change. administratively feasible for the INS to
live and work in the United States. See terminate the validity of all the millions
Instructions: All submissions received
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must include the agency name and DHS of Forms I–551 in circulation that did
1 Form I–551 has two titles—Alien Registration
docket No. USCIS–2005–0056 for this Receipt Card and Permanent Resident Card—
not have expiration dates. USCIS now
rulemaking. All comments received will because it underwent a name change in January 20,
2 The public can access a copy of this
be posted without change to http:// 1999 from ‘‘Alien Registration Receipt Card’’ to
‘‘Permanent Resident Card,’’ and both versions of memorandum from the public docket for this
www.regulations.gov, including any Form I–551 remain in circulation. 63 FR 70313 rulemaking at http://www.regulations.gov, DHS
personal information provided. See (Dec. 21, 1998). Docket No. USCIS–2005–0056.

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46924 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules

has established processes to enable it to features and biometric identifiers that service.3 After completion of the 120-
require LPRs with Forms I–551 without currently-issued cards contain, USCIS day application period, USCIS would
expiration dates to apply for new cards intends to terminate the validity of set a termination date for the validity of
and terminate the validity of Forms I– Forms I–551 without expiration dates. such Forms I–551.
551 without expiration dates. These In addition, USCIS must ensure that it USCIS believes that an application
processes include the establishment, in maintains current biometrics to enable it period of 120 days will be sufficient for
1997 and 1998, of Application Support to conduct background checks on Form affected LPRs to learn of the new
Centers (ASCs) across the United States I–551 holders to confirm that they are requirement and to complete the
that, through electronic scheduling of compliant with the laws of the United required Form I–90. USCIS plans to
appointments, currently serve as States and that they are not a threat to conduct an extensive outreach program
efficient intake centers. In addition, national security. By periodically to alert the affected group of LPRs of the
biometrics began to be captured requiring all Form I–551 holders to need to apply for new cards. This
electronically in 1999. Finally, USCIS apply for replacement cards, USCIS will outreach program would include issuing
implemented a new, highly-automated press releases, posting program
be able to confirm this information and
filing procedure in May 2005 where announcements and question-and-
update background and biometric
applicants file their Forms I–90 with a answer (Q&A) documents to the USCIS
U.S. Treasury Department-designated website, distributing fliers and
and operated lockbox provider that For these reasons, USCIS proposes to pamphlets at USCIS field offices, and
allows USCIS to process the set the form, manner and time that alien conducting informational meetings with
applications and associated fees more registration receipt cards are issued as community-based organizations (CBOs).
expeditiously. As a result of these authorized under section 264(d) of the USCIS also will encourage applicants to
improvements, USCIS now has the INA, 8 U.S.C. 1304(d). The rule file the Form I–90 electronically, rather
capability to process a large influx of proposes to amend the regulations to than on paper. In general, USCIS can
Forms I–90 over a short period of time. require bearers of Forms I–551 without process I–90 applications submitted
The need to remove Forms I–551 expiration dates to apply for a electronically faster than those
without expiration dates from replacement card during a 120-day applications filed on paper. The
circulation is supported by the application period. This proposed rule application form itself is not
Enhanced Border Security and Visa also amends the regulations governing complicated and takes an estimated
Entry Reform Act of 2002 (‘‘BSA’’), the application process for replacing average time of 55 minutes to complete.
Public Law 107–173, 116 Stat. 543 (May Forms I–551 and makes technical USCIS seeks public comment on the
14, 2002), amended by Public Law 108– corrections to the title of the application application period.
299, 118 Stat. 1100 (Aug. 9, 2004). used to replace Forms I–551. Finally, After the 120-day application period
Section 302(b)(1) of the BSA, 8 U.S.C. this rule proposes a mechanism for expires, LPRs who failed to timely file
1732(b)(1), requires the Secretary of terminating Forms I–551 without an Forms I–90 to replace their Forms I–551
Homeland Security and the Secretary of expiration date by notice in the Federal would still be required to apply for a
State, to issue, not later than October 26, Register. replacement card. An alien who fails to
2004, only machine-readable, tamper- file a Form I–90 during this application
resistant visas and other travel and entry B. Changes Made by This Rule period will still hold the status of an
documents that use biometrics alien who has been lawfully admitted
1. Requirement To Replace Forms I–551
identifiers. The Form I–551 falls within for permanent residence, since this
Without Expiration Dates
the scope of the BSA because, in status continues until it is terminated by
addition to serving as evidence of This rule proposes to amend 8 CFR entry of a removal order against the
registration, it also serves as an entry 264.5(c)(1) to add Form I–551 without alien. 8 CFR 1.1(p). The alien will not,
document for LPRs returning to the an expiration date to the current list of however, be in compliance with the
United States after a trip abroad. See 8 outdated permanent resident cards that requirement under section 264(e) of the
CFR 211.1(a)(2). are required to be replaced by the filing Act, 8 U.S.C. 1304(e), that the alien
Prior to October 26, 2004, USCIS of Form I–90, ‘‘Application to Replace must have in his or her possession at all
determined that the Form I–551 was Permanent Resident Card.’’ The current times the evidence of his or her having
compliant with the requirements of list consists of Forms AR–3, AR–103, registered. To obtain new evidence of
section 302(b)(1) of the BSA, 8 U.S.C. and I–151. This proposed amendment registration, the alien will need to file a
1732(b)(1). The Form I–551, including Form I–90. For any alien who does not
also would impose a 120-day
the version that does not contain an file before the application period
application period for those LPRs
expiration date, is machine-readable expires, however, USCIS would not be
holding Forms I–551 without an
and contains tamper-resistant features able to ensure that the alien will receive
expiration date to apply for a
and biometrics identifiers. While a new Form I–551 before the old Form
compliant, older versions of the Form I– replacement card. Through the Form
I–90 application process, applicants I–551 is deemed to have expired.
551 without expiration dates do not Strictly speaking, an alien who is at
contain the same level of tamper- would be required to provide their
current biographic and biometric least 18 years old, who fails to file a
resistant features and biometric timely Form I–90, and whose current
identifiers as the current version. Forms information. Based on this information,
USCIS would conduct security checks Form I–551, therefore, expires, could be
I–551 with expiration dates must be prosecuted for violating section 264(e).
renewed periodically, at which point to verify the identity of card recipients
USCIS can issue new cards containing and continued eligibility for LPR status.
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3 If an applicant is able to demonstrate that he or

updated technologies and biometrics USCIS would charge the standard, Form she is unable to pay the standard Form I–90 fee
information. This is not possible for I–90 application fee and the biometric and/or the biometric service fee associated with the
Forms I–551 without expiration dates. information collection service fee to filing of a Form I–90, he or she may request a fee
cover all associated costs. The current waiver pursuant to 8 CFR 103.7(c). However, at
Consequently, in order to ensure that present, USCIS does not waive the biometric service
the Forms I–551 in circulation contain fees are $290 for the Form I–90 and $80 fee associated with the filing of a Form I–90. 69 FR
the higher level of tamper-resistant for the biometric information collection 20528, 20529 (Apr. 15, 2004).

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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 46925

If convicted, the person could be terminated. USCIS cannot precisely entry to the United States and for
sentenced to pay a fine of up to $100, estimate the number of applications it presenting evidence of identity to an
to imprisonment for up to 30 days, or will receive to allow USCIS to plan employer. 8 CFR 211.3 (entry); 8 CFR
both. It is also a misdemeanor under exact timelines for card production and, 274a.2(b)(1)(v)(B)(1)(v) (identity). Under
section 266(a) of the Act, 8 U.S.C. in turn, a termination date. USCIS will this proposed rule, such Forms I–551
1306(a), for an alien to fail to register as only be able to set timelines based upon and those without expiration dates
required. The alien can be prosecuted the actual volume of applications would remain valid in these instances.
for failure to register, however, only if received. Issuing a separate Notice It is important to note that the
the failure to register is proven to be published in the Federal Register to planned termination of Forms I–551
willful. USCIS does not anticipate that advise the public of the termination of without expiration dates as proposed
either of these criminal sanctions would the validity of Forms I–551 without under this rule would not affect the
be routinely used against aliens who fail expiration dates would allow USCIS to immigration status and employment
to obtain new Forms I–551. The far implement a termination date that authorization of the holders of such
more common action, should USCIS accommodates USCIS’s processing cards; they remain LPRs and their
discover that an alien’s Form I–551 has needs and applicants’ need for valid employment is authorized incident to
expired, will be to advise the alien to documentation. status. See INA 274A(h)(3)(A), 8 U.S.C.
file a Form I–551 to obtain a new Form In addition to establishing the 1324a(h)(3)(A); 8 CFR 274a.12(a).
I–551. If the alien still fails to apply for mechanism for terminating Forms I–551 Under the requirements proposed in
a new Form I–551, it may become without expiration dates, this rule also this rule, an LPR who fails to obtain a
feasible to prove that the failure to do clarifies that ‘‘Form I–551,’’ when used new Form I–551 by the I–551
so is willful. USCIS anticipates, elsewhere in the regulations, means a termination date would not be in
however, that aliens will, generally, valid, unexpired Form I–551. To do so, possession of a valid Form I–551. As a
comply with the requirement to obtain this proposed rule would amend the list result, he or she may experience
a new Form I–551, once they become of terms defined in 8 CFR 1.1 by adding difficulties in meeting other
aware of the requirement. a limiting definition of Form I–551. requirements where valid
Once implemented as a final rule, Current regulations do not define Form documentation is necessary. For
LPRs affected by the requirements I–551; instead, the regulations identify example, the LPR with an invalid Form
proposed under this rule may choose to its uses. As stated earlier in this I–551 may experience difficulty
apply for naturalization during the 120- Supplementary Information, the returning to the United States after a trip
day application period instead of a new regulations identify Form I–551 as an abroad or in obtaining new
Form I–551. However, USCIS would not entry document in 8 CFR 211.1(a)(2), employment, and would not be in
be able to guarantee the completion of evidence of registration in 8 CFR possession of valid registration
its adjudication of such naturalization 264.1(b), an immigration status documentation. See 8 CFR 211.1(a)
applications before it terminates the document in 8 CFR 274a.12(a)(1), and a (entry to the United States); 8 CFR
validity of Forms I–551 without combination identity and employment 274a.2(b)(1)(v)(A) (employment ); 8 CFR
expiration dates. For those LPRs who authorization document in 8 CFR 264.1(b) (registration).
have applied for, but do not receive, a 274a.2(b)(1)(v)(A)(2). These references 3. Changes to the Application Process
grant of naturalization by the time to Form I–551 apply to both the version for Replacing Forms I–551
USCIS sets the termination date, USCIS of the card with an expiration date and
may issue interim evidence of the version of the card without an This rule also proposes amending the
registration. expiration date. This rule proposes regulations at 8 CFR 264.5(e) to update
introducing a limiting definition of the application procedures for replacing
2. Termination of the Validity of Forms Forms I–551. Current regulations at 8
Form I–551 rather than amend each
I–551 Without an Expiration Date CFR 264.5(e) cover the following
reference so that it is clear to the public
Forms I–551 without an expiration what constitutes a valid Form I–551 application requirements: The
date will remain valid throughout the with respect to any of its uses, documentation that must accompany
120-day application period that will be particularly following the termination Form I–90 upon filing, including the
set by the final rule for replacing such date of the validity of Forms I–551 Permanent Resident Card being
Forms I–551. After the 120-day without an expiration date. This rule replaced, photographs, evidence of
application period, USCIS will assess proposes to limit the term, ‘‘Form I– name change, and signature on the Data
the number of applications received and 551’’ to mean the version of the form Collection Form (Form I–89); proper
the timeframes for application with an expiration date. See proposed 8 filing locations; fingerprint submissions;
processing and card production. Once CFR 1.1(AA). A Form I–551 that does interviews; and waiver of the
USCIS has processed the applications not bear an expiration date would not be photograph, in-person filing, and
and issued replacement Forms I–551, valid for any use under the regulations signature requirements. Form I–90
USCIS will be in a position to set a date unless otherwise specifically provided processing procedures are also provided
for terminating the validity of Forms I– in the regulations. Id. in the instructions to the Form I–90.
551 without expiration dates. This rule Until the validity of Forms I–551 Because the form instructions are more
proposes amendments to 8 CFR without an expiration is terminated via current, some of the information in the
264.5(c)(1) to provide that USCIS will Notice published in the Federal form instructions reflect changes to
announce the termination date after the Register, this rule, at 8 CFR 264.1(c)(1), procedures that are not also reflected in
120-day application period through a proposes that such Forms I–551 would 8 CFR 264.5(e). Whereas 8 CFR
Notice published in the Federal remain valid. To do otherwise would 264.5(e)(1) requires the submission of
yshivers on PROD1PC62 with PROPOSALS

Register. have the effect of prematurely photographs and supporting

USCIS is proceeding in this way to terminating the validity of Forms I–551. documentary evidence with the
minimize the possibility that applicants The current regulations permit the use application upon filing, current form
will not have received a replacement of expired Forms I–551 in other instructions provide that this biometric
Form I–551 in hand when the validity circumstances as well. For example, an information and evidence will be
of their previous Form I–551 is expired Form I–551 may be used for accepted by USCIS when the applicant

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46926 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules

appears at an Application Support signature, but only require individuals are renumbered to new 8 CFR
Center (ASC) (a USCIS facility that replacing their Form I–551 on the basis 264.5(e)(2) and (e)(3). In addition, the
captures biometrics) following that they have turned 14 years of age to rule simplifies the text of these
submission of the application. In be subject to fingerprinting. See 8 CFR provisions; no substantive changes are
addition, 8 CFR 264.5(e)(2)(i) provides 264.5(e)(3)(i). This rule proposes to proposed.
that applicants must file Forms I–90 amend the regulations to require all This rule also proposes technical
with the local office or Service Center applicants to submit to all of the types corrections to 8 CFR 299.1 and 299.5 by
having jurisdiction over their place of of biometrics capture, including adding the updated edition date (03/31/
residence; instructions to the Form I–90 fingerprinting. USCIS is proposing to 05) and title of the Form I–90 to those
provide that the application must be expand the fingerprinting requirement sections. The Form I–90’s proper title is
submitted to the lockbox address to all Form I–90 applicants to enable ‘‘Application to Replace Permanent
specified in the instructions or filed USCIS to obtain current biometrics Resident Card.’’ The form was revised to
electronically. Finally, while 8 CFR information needed for Form I–551 card reflect this title; however, the
264.5(e)(3)(i) only requires applicants production, conduct appropriate regulations listing immigration forms
who are replacing their Permanent background checks before cards are were never revised.
Resident Cards because they have issued, and store this information for
reached 14 years of age to submit to biometrics comparison and III. Regulatory Requirements
fingerprinting, the instructions to the authentication purposes required by A. Regulatory Flexibility Act
Form I–90 require all applicants to section 302(b)(2)(A) of the BSA, 8 U.S.C.
appear at a USCIS ASC to submit to 1732(b)(2)(A). The Regulatory Flexibility Act (RFA)
biometrics capture. Biometrics capture Note, in particular, that this proposed (5 U.S.C. 605(b)), as amended by the
is a broader term than fingerprinting rule would change the current provision Small Business Regulatory Enforcement
and covers fingerprints, photographs, in current 8 CFR 264.5(e)(3)(iii) and Fairness Act of 1996 (SBRFA),
and signatures. 69 FR 5088, 5090 (Feb. concerning the USCIS authority to requires an agency to prepare and make
3, 2004) (proposing a fee increase for waive the submission of biometric available to the public a regulatory
biometric capture services, as well as information. In light of the security flexibility analysis that describes the
other immigration and naturalization concerns arising from the September 11, effect of the rule on small entities (i.e.,
benefits and services). 2001, terrorist attack on the United small businesses, small organizations,
To ensure that applicants receive States, it has been USCIS policy not to and small governmental jurisdictions).
clear and consistent filing information, exercise this authority by actually DHS has considered the impact of this
this rule proposes to revise 8 CFR waiving the photograph or other rule on small entities and has
264.5(e) in its entirety to remove requirements. See Memorandum from determined that this rule will not have
outdated filing instructions, refer William R. Yates for Regional Directors a significant economic impact on a
applicants to the instructions and Center Directors, Alterations to the substantial number of small entities.
accompanying the form, and update ADIT photograph requirements The individual lawful permanent
biometrics capture requirements. (September 4, 2003) Memorandum from residents to whom this rule applies are
Proposed 8 CFR 264.5(e) includes a Johnny N. Williams for Regional not small entities as that term is defined
paragraph on filing requirements, Directors, Waiver of Photograph for I–90 in 5 U.S.C. 601(6). There is no change
biometrics capture, and interviews. Applicants Seeking Replacement or expected in any process as a result of
Rather than specify the filing Renewal Form I–551 (February 14, this rule that would have a direct effect,
requirements, this proposed rule refers 2003). The Memoranda are included in either positive or negative, on a small
applicants to the Form I–90 the public docket for this rule at entity. Accordingly, this rule, once final,
instructions. Proposed 8 CFR http://www.regulations.gov, DHS Docket will not have a significant economic
264.5(e)(1). The Form I–90, including No. USCIS–2005–56. A Form I–551 impact on a substantial number of small
the filing instructions, is available on without a photograph of the person to entities.
the USCIS Web site at http:// whom it relates does not serve the B. Unfunded Mandates Reform Act of
www.uscis.gov. USCIS has determined essential purpose of the Form I–551: To 1995
that filing information is better placed provide for a ready means of identifying
in form instructions alone, which are the actual person who has been lawfully This rule will not result in the
reviewed and updated periodically and admitted for permanent residence. In expenditure by State, local and tribal
are more accessible to the public than the case of an alien who is physically governments in the aggregate of $100
regulatory provisions. By providing one unable to come to a USCIS facility due million or more in any one year.
source for stating the filing to advanced age or physical infirmity, However, as discussed below under
requirements, USCIS will avoid the practice has not been actually to Executive Order 12866, this action will
confusion and potential conflict waive the photograph and other result in the expenditure by the private
between the requirements stated in the biometrics requirements. Instead, the sector of more than $100 million over
regulations and those stated in the form practice has been to provide an the period of time that the program is in
instructions. alternative means for collecting this place. Only holders of Forms I–551,
This rule also proposes to amend evidence. The most common practice is ‘‘Permanent Resident Cards,’’ without
USCIS regulations to reflect the to permit the applicant to provide expiration dates will bear the costs of
biometrics capture requirements in the passport-style photographs, police this rule.
current Form I–90 instructions. clearance letters, and other appropriate
Proposed 8 CFR 264.5(e)(2). Those C. Small Business Regulatory
yshivers on PROD1PC62 with PROPOSALS

instructions require all applicants to The rule, once final, would retain the Enforcement Fairness Act of 1996
appear at an ASC for biometrics capture provisions governing waivers of the This rule is a major rule as defined by
and pay a separate biometrics fee with biometrics capture requirement in section 804 of the Small Business
the Form I–90 filing. By contrast, the current 8 CFR 264.5(e)(3)(iii) and Regulatory Enforcement Fairness Act of
current regulations require all interviews in current 8 CFR 1996. This rule, once final, will result in
applicants to provide a photograph and 264.5(e)(3)(ii), except that the provisions an effect on the economy of

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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 46927

approximately $290 million in the first their card. To apply, they must file under this program is $370 in fees ($290
year after this rule is published, $24 Form I–90 with a fee of $290 and an for the application plus $80 for the
million in the second year after this rule additional biometrics capture fee of $80. biometrics capture fee). These costs fall
is published, and $13 million in the The total current cost is $370. exclusively upon individuals who
third year after this rule is published. Those who apply for a replacement possess cards issued before August of
This increase is directly associated with Form I–551 under this rule must submit 1989 and which do not have an
the expected increase in the number of biometrics that will be used for expiration date. Because these persons
Forms I–90 and amount of background checks and stored for future would not otherwise have to acquire
accompanying filing and biometrics fees use. Based on technology and processes new cards, and would not otherwise
that USCIS will receive to replace Forms being developed by DHS, stored have all their biometrics captured, we
I–551, ‘‘ Permanent Resident Cards,’’ biometrics will be available for access believe these fees would be generated
without expiration dates prior to by DHS for other immigration and law only by this new rule. Based upon these
termination of such cards. enforcement uses (a security benefit to figures, this rule will cost applicants a
the public at large), and these applicants maximum of $703 million in fees ($370
D. Executive Order 12866 might not need to return to an ASC for × 1.9 million).
This rule has been identified as an purposes of triggering certain Furthermore, each member of this
economically significant rule under background checks such as FBI group would be required to spend two
Executive Order 12866, section 3(f)(1), fingerprints, should they decide to hours and 55 minutes complying with
Regulatory Planning and Review. naturalize or apply for a replacement this rule. USCIS estimates that each
Accordingly, this rule has been Form I–551 in the future. applicant will spend ten minutes
submitted to the Office of Management The primary benefit to the reading the application Form I–90
and Budget for review. USCIS has government resulting from this rule is instructions. Each applicant also will
assessed both the costs and benefits of enhanced national security. Once the take ten minutes to complete the form
this rule, as required by Executive Order program is complete, all LPRs will have and thirty-five minutes to assemble and
12866, and has made a reasoned Forms I–551 with late-model submit the form, for a total of 55
determination that the benefits justify technology. The biometrics of the minutes of each applicant’s time.
the costs. rightful holder will be electronically Applicants will also be required to
USCIS estimates that 750,000 persons stored in a secure DHS database that is travel to the nearest USCIS Application
will apply for a replacement Form I– easily retrievable and that can be used Support Center (ASC). While travel
551, ‘‘Permanent Resident Card,’’ in for data matching purposes among the times and distances will vary, USCIS
accordance with this rule. The most DHS components. The card itself will estimates the average round-trip to an
likely estimated cost of this rule for bear a current photograph, facilitating ASC will be 20 miles, and that the
these persons is $327 million over a its use by employers and the travel average time for that trip will be an
three-year period of analysis (2007– industry. hour. It will take an average of one hour
2009). Over the three-year period of USCIS considered a number of for an applicant to wait for service, and
analysis, the present value cost of this alternatives to this proposed to have his or her biometrics collected.
proposed rule is approximately $267 rulemaking. One alternative was for Total time for each applicant to
million at 7%. A three-year period of USCIS to maintain the current comply with this requirement is two
analysis was chosen since those aliens regulations. However, such an action hours and fifty-five minutes. The
who are required by this rulemaking to would result in the agency’s failure to Bureau of Labor Statistics reports in its
obtain a new Form I–551 will do so only fully meet the goals of section 303(b) of 2006 national compensation survey that
in 2007, 2008, and 2009. The $327 the BSA, 8 U.S.C. 1732(b). Another the average, U.S.-employed person
million estimate consists of $278 alternative was to expire pre-1989 cards, earned $19.29 an hour (BLS Web site).
million in fees associated with the Form but lower the fees for replacing the In addition, the average wage of this
I–90, $42 million in opportunity cost for cards. However, under this alternative, large group should mimic the national
an applicant’s time, and $7 million in the agency would fail to meet its general average. Consequently, USCIS believes
transportation costs for round trip obligation to ensure that the fees for that $19.29 an hour is a reasonable
transit to the nearest USCIS Application such services are established at rates proxy to use to value the opportunity
Support Center (ASC). The calendar that allow the agency to recoup its costs, cost of time for the applicants subject to
year breakdown of these costs is $290 and would unfairly transfer the costs of this rule. The total cost for applicant
million for Calendar Year (CY) 2007 this program to all other applicants for time spent is calculated as $107 million
($278 million in fees plus $12 million benefits and services from USCIS. See (1.9 million persons × 2.916 hours ×
in applicant time and transportation OMB Circular A–25 (available at $19.29).
costs), $24 million for CY 2008 http://www.whitehouse.gov/omb/ Additionally, there is the cost of
(applicant time and transportation circulars/a025/a025.html). travel. USCIS anticipates most
costs), and $13 million for CY 2009 USCIS data indicates that the number applicants will drive privately-owned
(applicant time and transportation of Forms I–551 without an expiration vehicles to the ASCs. GSA’s published
costs). The cost assessment, which date issued, minus the number of decision of February 1, 2007, on this
includes a discussion of both the persons known to have held these cards subject calculates the cost of operating
maximum and most likely estimated before naturalizing, is 1.9 million. a privately-owned vehicle as 48.5 cents
costs of this rule, follows. Consequently, the maximum number of a mile. (GSA Web site, reporting on
In an effort to improve the security of aliens impacted by this rule is 1.9 findings for February 1, 2007).
the documents that USCIS issues for use million.4 The direct cost to each Therefore, USCIS calculates the
yshivers on PROD1PC62 with PROPOSALS

by the public, this rule calls for a 120- applicant for replacement of a card transportation costs as $19 million (1.9
day period, beginning 30 days from the million persons × 48.5 cents per mile ×
4 As stated above, and as explained below, USCIS
date of publication of the final rule in 20 miles).
only anticipates that 750,000 persons will apply for
the Federal Register, within which time a replacement card. This discussion uses the figure
Thus, if all holders of cards issued
LPRs holding Forms I–551 without 1.9 million instead to reflect the maximum number without expiration dates filed a
expiration dates must apply to replace of persons that may be impacted by this rule. replacement application, the total

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46928 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules

maximum cost of the program would since obtaining their cards. USCIS provides USCIS’s primary or most likely
consist of $703 million in fees, $107 theorizes that these persons may choose estimate of the dollar amount of these
million in time, and $19 million in not to take the perceived risk of costs expressed on an annualized basis
transportation costs. The total maximum contacting DHS and of calling into and also includes USCIS’s maximum
cost of compliance to this rule by 1.9 question their right to be in the United annualized estimate at both the three
million persons is $829 million ($703 States. percent and seven percent discount
million + $107 million + $19 million). USCIS accordingly estimates the most rates. The period of analysis is three
Notwithstanding, experience from the likely outcome of this program is that years (2007, 2008, and 2009). Based on
replacement program for an earlier, 750,000 persons issued cards without USCIS’s primary or most likely estimate,
now-invalid version of the Permanent expiration dates, but not yet recorded as the undiscounted total cost of this rule
Resident Card (Form I–151) has shown naturalized, will apply for replacement will be approximately $327 million.
that a portion of these applicants will cards under this rule. USCIS calculates USCIS anticipates that the duration of
apply for naturalization rather than the cost of the primary estimate as $327 the I–551 replacement card program
replace their Permanent Resident Cards million ($829 million × 0.395 or 750,000 implemented by the final rule will be
and thus significantly reduce the overall of 1.9 million maximum applicants). three (3) years. Consequently, when the
cost of this rule. Other holders of Based on the formulas provided above, undiscounted total cost is broken down
affected cards may be deceased, may USCIS’s $327 million estimate consists into calendar years, this rulemaking is
have relinquished their United States of $278 million in fees associated with expected to cost $290 million in 2007,
residence, or may have previously the Form I–90, $42 million in $24 million in 2008, and $13 million in
replaced their cards for other reasons, opportunity costs for an applicant’s 2009. Below is the expected annualized
such as the replacement of a lost or time, and $7 million in transportation cost of this rulemaking, at both 3% and
mutilated card. In addition, some costs for round trip transit to the nearest 7%, over the three year period of
potential applicants may choose not to USCIS Application Support Center. analysis. Enhanced security and the
spend time and money to replace their capabilities accompanying the storage of
Accounting Statement
cards, because they do not habitually full fingerprint sets for subsequent
travel outside the United States. Some As required by OMB Circular A–4 retrieval constitute non-quantified
potential applicants, in spite of USCIS’s (available at http:// benefits.
public relations efforts, may not learn of www.whitehouse.gov/omb/circulars/ OMB #: 1615–0082
the requirement that such cards be a004/a-4.html), in Table 1, USCIS has Agency/Program Office: DHS/USCIS
changed. Also, some cards may be in prepared an accounting statement Rule Title: Application Process for
possession of persons who obtained showing the classification of the Replacing Forms I–551 without an
them fraudulently or who have expenditures associated with this Expiration Date
committed serious criminal offenses economically significant rule. The table RIN#: 1615–AB36


[2006 Dollars]

Primary Minimum Maximum
Category (RIA,
estimate estimate estimate preamble,

BENEFITS Enhanced Border Control, More secure alien Preamble

registration document

Monetized benefits
Annualized quantified, but un-monetized, benefits ........................................ NA ................ NA ................ NA ................ NA
(Unquantified) benefits .................................................................................... Enhanced
Annualized monetized costs at 3 percent ............................................................. $89.07 million
per year.
Annual monetized costs at 7 percent .................................................................... $99.85 million
per year.
Annualized quantified, but un-monetized, costs .................................................... NA ................ NA ................ NA ................ NA
Qualitative (unquantified) costs
Annualized monetized transfers: ‘‘on budget’’ ....................................................... NA ................ NA ................ NA ................ NA
From whom to whom?
Annualized monetized transfers: ‘‘off-budget’’ ....................................................... NA ................ NA ................ NA ................ NA
From whom to whom?

Category Effects Source cita-

tion (RIA,
yshivers on PROD1PC62 with PROPOSALS


Effects on State, local, and/or Tribal governments ............................................... NA ................ NA ................ NA ................ NA
Effects on small businesses .................................................................................. NA ................ NA ................ NA ................ NA
Effects on wages ................................................................................................... NA ................ NA ................ NA ................ NA
Effects on growth ................................................................................................... NA ................ NA ................ NA ................ NA

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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 46929

E. Executive Order 13132 8 CFR Part 299 application period still must apply to
Immigration, Reporting and replace a Form I–551 without an
This proposed rule will not have expiration date but might not be issued
substantial direct effects on the States, recordkeeping requirements.
a replacement Form I–551 before the
on the relationship between the termination of the validity of all Forms
National Government and the States, or PART 1—DEFINITIONS
I–551 without an expiration date. USCIS
on the distribution of power and 1. The authority citation for part 1 will announce the termination date of
responsibilities among the various continues to read as follows: the validity of Forms I–551 without an
levels of government. Therefore, in Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 expiration date in a Notice published in
accordance with section 6 of Executive U.S.C. 301; Public Law 107–296, 116 Stat. the Federal Register. Forms I–551
Order 13132, it is determined that this 2135 (6 U.S.C. 1 et seq.). without an expiration date will remain
rule does not have sufficient federalism valid until such termination date.
implications to warrant the preparation 2. Section 1.1(aa) is added to read as
of a federalism summary impact follows: * * * * *
statement. (e) Application process—(1) Filing
§ 1.1 Definitions.
requirements. Form I–90 must be filed
F. Executive Order 12988 Civil Justice * * * * * in accordance with the instructions on
Reform (aa) The term Form I–551 means a the form.
Permanent Resident Card, or an Alien (2) Biometrics capture. If the
This proposed rule meets the Registration Receipt Card, issued on a
applicable standards set forth in application is properly filed, the
Form I–551 with an expiration date. applicant will receive a notice to appear
sections 3(a) and 3(b)(2) of Executive Unless otherwise specifically provided
Order 12988. in person at a USCIS facility for
in this chapter I, a Form I–551 is not biometrics capture. In the case of an
G. Paperwork Reduction Act valid for any use under this chapter I applicant who is physically incapable,
unless it bears an expiration date and is because of the applicant’s confinement
Under the Paperwork Reduction Act unexpired. due to advanced age or physical
of 1995, Public Law 104–13, all
infirmity, of appearing at a USCIS
departments are required to submit to PART 264—REGISTRATION AND
facility for biometrics capture, USCIS
the Office of Management and Budget FINGERPRINTING OF ALIENS IN THE
may excuse the applicant’s personal
(OMB), for review and approval, any UNITED STATES
appearance at a USCIS facility and
reporting requirements inherent in a
3. The authority citation for part 264 provide an appropriate alternative
rule. This rule includes an approved
continues to read as follows: means for obtaining the applicant’s
information collection. The OMB
Authority: 8 U.S.C. 1103, 1201, 1303–1305; photograph or other biometrics
control number for this collection is
8 CFR part 2. information.
1615–0082 and is contained in 8 CFR
299.5. However, this rule will increase (3) Interview. An applicant may be
4. Section 264.5 is amended by:
the number of respondents and the required to appear in person before an
a. Revising paragraph (c)(1); and by
burden hours, and public costs. immigration or consular officer and be
b. Revising paragraph (e).
Accordingly, when this rule is finalized, The revisions read as follows: interviewed under oath in connection
USCIS will submit to OMB for approval with this application.
an 83–C Change Worksheet that reflects § 264.5 Application for a replacement * * * * *
Permanent Resident Card.
any change in Form I–90 filings and any
related changes to the public costs * * * * * PART 299—IMMIGRATION FORMS
associated with this collection. (c) * * *
(1) A permanent resident must apply 5. The authority citation for part 299
List of Subjects on Form I–90 to replace a prior edition continues to read as follows:
of the Alien Registration Receipt Card Authority: 8 U.S.C. 1101 and note, 1103; 8
8 CFR Part 1 CFR part 2.
issued on Form AR–3, AR–103, or I–
Administrative practice and 151. A permanent resident must apply 6. Section 299.1 is amended in the
procedure, Immigration. between October 22, 2007 and February table by revising the entry for Form ‘‘I–
8 CFR Part 264 19, 2008 on Form I–90 to replace a prior 90’’, to read as follows:
edition of Form I–551 without an
Reporting and recordkeeping expiration date. A permanent resident § 299.1 Prescribed forms.
requirements. who fails to apply during this 120-day * * * * *

Form No. Edition date Title and description

* * * * * * *
I–90 .............................................................................................. 03/31/05 Application to Replace Permanent Resident Card

* * * * * * *
yshivers on PROD1PC62 with PROPOSALS

§ 299.5 Display of control numbers.

7. Section 299.5 is amended in the
table by revising the entry for Form ‘‘I–
90’’, to read as follows:
* * * * *

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46930 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules

Currently assigned
Form No. Form title OMB control No.

* * * * * * *
I–90 .......................................................................................... Application to Replace Permanent Resident Card ................. 1615–0082

* * * * * * *

Michael Chertoff, FOR FURTHER INFORMATION CONTACT: 11–2A, Notice of Proposed Rulemaking
Secretary. Grant Nichols, System Support, DOT Distribution System, which describes
[FR Doc. E7–16311 Filed 8–21–07; 8:45 am] Regional Headquarters Building, Federal the application procedure.
BILLING CODE 4410–10–P Aviation Administration, 901 Locust,
The Proposal
Kansas City, MO 64106; telephone:
(816) 329–2522. The FAA is proposing to amend Title
part 71 by establishing Class E airspace
Comments Invited
Federal Aviation Administration at Tarkio, MO. Controlled airspace is
Interested parties are invited to necessary to accommodate aircraft using
14 CFR Part 71 participate in this proposed rulemaking the new RNAV(GPS) IAP at Gould
by submitting such written data, views, Peterson Municipal Airport. This action
[Docket No. FAA–200–28869; Airspace
or arguments, as they may desire. would enhance the safety and
Docket No. 07–ACE–11]
Comments that provide the factual basis management of aircraft operations at
Proposed Establishment of Class E5 supporting the views and suggestions Gould Peterson Municipal Airport,
Airspace; Tarkio, MO presented are particularly helpful in Tarkio, MO.
developing reasoned regulatory Class E airspace areas extending
AGENCY: Federal Aviation decisions on the proposal. Comments
Administration (FAA), DOT. upward from 700 feet or more above the
are specifically invited on the overall surface of the earth are published in
ACTION: Notice of proposed rulemaking. regulatory, aeronautical, economic, Paragraph 6005 of FAA Order 7400.9P,
environmental, and energy-related dated September 1, 2006, and effective
SUMMARY: This action proposes to
aspects of the proposal. September 16, 2006, which is
establish Class E airspace at Gould
Communications should identify both incorporated by reference in 14 CFR
Peterson Municipal Airport, Tarkio,
docket numbers and be submitted in 71.1. The Class E airspace designations
MO. The development of an Area
triplicate to the address listed above. listed in this document would be
Navigation (RNAV) Standard Instrument
Commenters wishing the FAA to published subsequently in the Order.
Approach Procedure (SIAP) to serve
acknowledge receipt of their comments
flights operating into the Gould Peterson The FAA has determined that this
on this notice must submit with those
Municipal Airport during Instrumental proposed regulation only involves an
comments a self-addressed, stamped
Flight Rules (IFR) conditions makes this established body of technical
postcard on which the following
action necessary. Controlled airspace regulations for which frequent and
statement is made: ‘‘Comments to
extending upward from 700 feet Above routine amendments are necessary to
Docket No. FAA–2007–28869/Airspace
Ground Level (AGL) is needed to keep them operationally current. It,
Docket No. 07–ACE–11.’’ The postcard
contain aircraft executing an approach. therefore, (1) is not a ‘‘significant
will be date/time stamped and returned
The area would be depicted on regulatory action’’ under Executive
to the commenter.
aeronautical charts for pilot reference. Order 12866; (2) is not a ‘‘significant
DATES: Comments must be received on Availability of NPRMs rule’’ under DOT Regulatory Policies
or before October 1, 2007. An electronic copy of this document and Procedures (44 FR 11034; February
ADDRESSES: Send comments on this may be downloaded through the 26, 1979); and (3) does not warrant
proposal to the Docket Management Internet at http://dms.dot.gov. Recently preparation of a Regulatory Evaluation
System, U.S. Department of published rulemaking documents can as the anticipated impact is so minimal.
Transportation, Docket Operations, M– also be accessed through the FAA’s Web Since this is a routine matter that will
30, West Building Ground Floor, Room page at http://www.faa.gov or the only affect air traffic procedures and air
W12–140, 1200 New Jersey Avenue, SE., Superintendent of Documents’ Web navigation, it is certified that this rule,
Washington, DC 20590. You must page at http://www.access.gpo.gov/nara. when promulgated, will not have a
identify the docket number FAA–2007– Additionally, any person may obtain significant economic impact on a
28869/Airspace Docket No. 07–ACE–11, a copy of this notice by submitting a substantial number of small entities
at the beginning of your comments. You request to the Federal Aviation under the criteria of the Regulatory
may also submit comments on the Administration (FAA), Office of Air Flexibility Act.
Internet at http://dms.dot.gov. You may Traffic Airspace Management, ATA– List of Subjects in 14 CFR Part 71
review the public docket containing the 400, 800 Independence Avenue, SW.,
proposal, any comments received, and Washington, DC 20591, or by calling Airspace, Incorporation by reference,
any final disposition in person in the (202) 267–8793. Communications must Navigation (Air).
yshivers on PROD1PC62 with PROPOSALS

Dockets Office between 9 a.m. and 5 identify both docket numbers for this The Proposed Amendment
p.m., Monday through Friday, except notice. Persons interested in being
Federal holidays. The Docket Office placed on a mailing list for future In consideration of the foregoing, the
(telephone 1–800–647–5527) is on the NPRMs should contact the FAA’s Office Federal Aviation Administration
ground floor of the building at the above of Rulemaking (202) 267–9677, to proposes to amend 14 CFR part 71 as
address. request a copy of Advisory Circular No. follows:

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